Agenda of Ordinary Meeting - 20 February 2012

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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 301075

Recommendation

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

GENERAL MANAGER’S REPORT

A call for apologies is to be made.

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 determinded at this meeting.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 300649

Recommendation

THAT the Declarations of Interest be noted.

General Manager's REPORT

A call for Declarations of Interest

ITEM 3 - DECLARATIONS FOR 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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 300650

Recommendation

THAT any Political Donations be noted.

General Manager's REPORT

A call for declarations of any Political Donations.

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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 300658

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager's REPORT

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

ITEM 5 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

Reason For Report	Enabling procedural reports to be adopted.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300666

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. That items 6 to 14 be moved and seconded

Director of Finance and Corporate Services' REPORT

Items 6 to 14 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

ITEM 6 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of Minutes
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. December 19 2011 Ordinary Council Minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300664

Recommendation

THAT the minutes of the Ordinary Meeting held on Monday 19^thDecember 2011 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement.

1. Minutes of the Ordinary Council Meeting held on Monday 19^th December 2011

ITEM 7 - ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Economic Development & Tourism Committee Recommendations
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Economic Development and Tourism minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300680

Recommendation

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6^th February 2012 be adopted.

Economic Development Manager's REPORT

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6^th February 2012 for Council’s adoption.

ITEM 8 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Community Services Committee Recommendations
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. February Community Services Minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300689

Recommendation

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6^th February 2012 be adopted

Community Services Manager's REPORT

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 6^th February 2012 for Council’s adoption.

ITEM 9 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Environmental Services and Sustainability Committee recommendations and noting of motions carried
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Enrivomental Services and Sustainability minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300706

Recommendation

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 6^th February 2012 be adopted and carried Motions be noted.

Director of Environmental Services' REPORT

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 6^th February 2012.

ITEM 10 - WORKS COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of the Works Committee Meeting Recommendations
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. February Works Minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300709

Recommendation

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 6^th February, 2012 of Cabonne Council be adopted.

Director of Engineering and Technical Services' REPORT

Attached is the report and recommendations of the Works Committee Meeting of Cabonne Council held on 6^th February, 2012.

ITEM 11 - EXCLUSIVE LICENCE TO QUARRY

REPORT IN BRIEF

Reason For Report	Small Mine Land Owner Agreement Exclusinve Licence to Quarry Require Signing and The Common Seal Affixed
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\SERVICE PROVISION\GRAVEL PITS - 296122

Recommendation

THAT Council authorise the affixing of the Common Seal to the exclusive license to quarry agreements for the following small mines:

1. Chatman’s Pit – S27

2. The Falls Pit – S95

3. Coady’s – N66

4. O’Briens Pit – N136

5. Reynolds Pit – N177

6. Bennett Pit – N6

Operations Manager's REPORT

Renewal for the operation of mines require Council to obtain exclusive licence to quarry from the land owners for a three year period.

Reference:

· NSW DPI Guidance Note (GNM-01) Nomination of the Operator and other duties of the mine holder.

· Mine Health and Safety Act 2004

· Mine Health and Safety Regulation 2007

The Small Mine Exclusive Licence to Quarry, Land Owner Agreements require Council’s Common Seal to be affixed.

ITEM 12 - PUBLIC INTEREST DISCLOSURES

REPORT IN BRIEF

Reason For Report	To advise Council of reporting requirements and to advise of the officer nominated to ensure information is collected and reports are prepared
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2012 - 293077

Recommendation

THAT:

1. Council note the reporting requirements under the Public Interest Disclosures Regulation 2011.

2. Note the nomination of the Director of Finance & Corporate Services as the officer who will be responsible for preparing the annual and six monthly reports and ensuring that the required information is collected from 1 January 2012.

Administration Manager's REPORT

Background

Council has previously been advised that the Protected Disclosures Act 1994 has been renamed the Public Interest Disclosures Act 1994 (PID Act).

The Act sets out the system under which people working within the NSW public sector can make complaints about the functioning of the public sector in a way that minimises the risk of reprisal. The things people can make disclosures about are serious maladministration, corrupt conduct, serious and substantial waste, and a failure to properly fulfil functions under the Government Information (Public Access) Act 2009.

At the June Council meeting a timetable was provided of the progressive implementation of the changes. At that meeting Council authorised the General Manager as being responsible for understanding and implementing the changed system and resolved to handle any public interest disclosures made after 1 July 2011 in accordance with the changed system.

At the November Council meeting Council adopted its Public Interest Disclosures (Internal Reporting) Policy and resolved to continue to promote awareness of staff to the requirements.

Annual and six monthly reporting

Council is required to prepare an annual report on its obligations under the PID Act within four months after the end of a reporting year.

Council is also required to provide the Ombudsman with statistical information regarding its compliance with Council’s obligations under the PID Act on a six (6) monthly basis.

The Public Interest Disclosures Regulation 2011 outlines the information that public authorities are required to provide in their reports.

Guidance on reporting requirements

The Ombudsman’s office will be releasing guidance to assist agencies in fulfilling their reporting functions in the first quarter of 2012. Additionally, the Ombudsman is currently developing an online reporting tool to assist public authorities in providing their statistical reports. It is expected to be available for agencies to use before the first reporting period ends on 30 June 2012.

1 January 2012 starting date

The Premier has written that the General Manager should nominate an officer who will be responsible for preparing the annual and six monthly reports and ensuring that the required information is collected from 1 January.

As the Director of Finance & Corporate Services is the Disclosures Coordinator within the internal reporting policy he has a central role in dealing with reports made and is therefore in an appropriate position to be the nominated person to accept this responsibility and has been appointed as such by the General Manager.

ITEM 13 - LAND ACCESS AGREEMENT FOR GOLD AND COPPER

REPORT IN BRIEF

Reason For Report	To delegate the General Manager to sign agreement
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Cabonne Exploration Licences Map
File Number	\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\LICENSING\LAND ACCESS AGREEMENT - 298780

Recommendation

THAT that Council delegate authority to the General Manager to sign the Land Access Agreement.

Design Manager's REPORT

Council may remember at its February 2011 meeting resolving to delegate authority to the General Manager to sign a Land Access Agreement, subject to conditions, to allow Gold and Copper Resources Pty Ltd (G & C) to access Council’s road reserves in order to conduct a large scale Geophysical Survey described as an Induced Polarisation Survey using the “Zeus System” within their exploration tenements surrounding the city of Orange.

Council has received another application to conduct a further geophysical survey north of the initial survey. G & C are required to forward Council’s agreement to the Minister for Mineral Resources for his consent pursuant to Sec. 30 of the Mining Act (1992).

An Induced Polarisation Survey measures a residual electric field within the earth to a depth of up to 3.5 kilometres in order to establish zones of mineralisation. To generate the primary electric field G & C proposes to input electrodes 12 kilometres apart and suspend an electric cable (similar to that of a standard transmission wire) between the two electrodes. The construction of the cable is temporary and will be removed shortly after survey and erected at a new location. A map showing the location of two new instrument lines (8 & 9) covered by Exploration Licences EL6425, EL7231 and EL6674 is attached.

Council’s Design Manager has reviewed G & C’s Safety Management Plan (SMP) and review of Environmental Factors (REF) and recommends Council sign the revised Land Access Agreement subject to the REF and SMP being implemented and conditional that poles in the road reserve are,

1. 6 metres clear of the road formation.

2. Delineated at night.

3. Not to inhibit surface drainage.

4. Allow the wire to be a minimum of 5 metres above the road.

5. Removed after the survey and the site is cleaned up.

6. Noxious weeds are not transported to another site location.

7. Services are located prior to erection.

ITEM 14 - AQUISITION OF CROWN LAND TO FACILITATE REPLACEMENT OF GOOLOOGONG BRIDGE

REPORT IN BRIEF

Reason For Report	To grant concurrance to land acquisition
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Plan of proposed aquisition Gooloogong bridge
File Number	\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\LIAISON\ROADS and MARITIME SERVICES - RTA - RMS - 299082

Recommendation

THAT Council provide concurrence in writing to the acquisition of Lot 10 in the draft deposited plan known as RTA Plan 0237.105.55.4001 to facilitate the RMS bridge replacement project.

Design Manager's REPORT

Council has received a request from Roads & Maritime Services seeking Council’s concurrence in writing to the acquisition of Lot 10 in the draft deposited plan known as RTA Plan 0237.105.55.4001 for the purpose of replacing a bridge over the Lachlan River and approaches near Gooloogong on MR237.

Site Plan

5897380

Roads and Maritime Services (RMS) have received conditional approval from the Department of Primary Industries to the acquisition of parts of Crown land north and south of the Lachlan River at Gooloogong for the bridge replacement project. One of the conditions of approval is that RMS obtains Cabonne Council’s concurrence to the acquisition.

RMS proposes to acquire 7434m² of Land from Crown Reserve 84323 for Public Recreation notified 9 August 1975 under the care and control of the Gooloogong Reserve Trust. As there are no address or contact details on state records relating to this trust the responsibility rests with Cabonne Council as caretaker or trust manager. The area is shown on the attached draft deposit plan (see annexure).

ITEM 15 - DESTINATION 2036 - DRAFT ACTION PLAN - COUNCIL RESPONSE

REPORT IN BRIEF

Reason For Report	To confirm the outcomes of the Destination 2036 Action Plan Workshop held on 6 February 2012
Policy Implications	Yes - depending upon Government decision in relation to the action plan
Budget Implications	Yes - depending upon Government decisions in relation to the action plan
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\DIVISION OF LOCAL GOVERNMENT - 301124

Recommendation

THAT Council endorse the outcomes of the workshop held on Monday 6 February 2012 and the submission made to the Destination 2036 project team.

General Manager's REPORT

Council conducted a workshop in relation to the Destination 2036 Draft Action Plan on Monday 6 February 2012 Committee Day.

The workshop covered a number of aspects as follows;

1. Introduction

2. Background

· Leaders of Local Government forum Parliament House 2010

· New State Government March 2011

· Discussion paper July 2011

· Workshop Dubbo August 2011

· Implementation Steering Committee – ISC (DLG, Shires, LGA, LGMA);

· Feedback from Councils

· ISC – Refine Vision, Directions, Initiatives and Actions

· Summary of Outcomes and roadmap September 2011

· Draft Action Plan December 2011

· Resolution December Council Meeting

· Workshop February Committee Day

· Media Release

3. Process and Progress – What Have We Done So Far?

a. Participated in Local Government Leaders Forum

b. Participated in Dubbo Workshop

c. Reports to Council – June, August, September, October (including Workshop) and December 2011

d. Documents distributed to Councillors (latest Draft Action Plan December 2011)

e. Workshop February 2012 Committee Day

4. Where to from here?

a. Submission – Public

b. Review Draft Action Plan – strong focus for next 4 years

a. Vision

b. Strategic direction

c. 16 group initiatives

d. Key activities

e. Linkages, initiatives

c. Feedback by Wednesday 15 February 2012

d. Major changes – further 2 weeks consultation

e. Final Action Plan to Minister

5. Questions to be addressed at Workshop

a. What do you like about the Draft Action Plan?

b. In what ways could the Action Plan be improved

c. Are there any key activities you believe should be included under any of the initiatives?

d. Do you have any suggestions regarding the proposed process for advancing the Action Plan?

e. Are you aware of any activities (eg research) currently underway that could directly contribute to the achievements to any of the initiatives or key activities.

At a previous workshop held in October 2011, Council identified a number of other issues in the original outcomes Report and Vision Statement. It is pleasing that most of these have been taken on board in the draft action plan which has been distributed. These issues included:-

· Some form of comment linking to actioning the vision

· Defining roles and representation

· Infrastructure, maintenance and funding – dollars and forward planning

· Investing superannuation funds into local government areas

· Regional corporation

· Reviewing financial arrangements between local, state and federal governments

· Generating economies of scale through various models

· Cost shifting

· Diversification of local government revenue sources

· Sustainability

· Constitutional Recognition

· Creation of a federal disaster reserve

· National Broadband

· Abolishing state government and creating regional Councils (this is outside the current legislative framework)

The workshop held on February Committee day identified areas that Council wished to provide a response to in relation to the draft action plan. These issues resolved around the key activities of

· Regional Organisation of Councils to identify the services and activities they can provide

· Examination and development of options for statewide procurement and technology

· Develop a program of sharing specialist/technical and other staff between other councils in rural areas on a regional basis and between urban and rural councils

· Develop consistent performance measures for Councils

· The need for flexibility and reduce red tape to be recognised in the Local Government Act review

· Desktop research of all functions provided by local government to determine where core local government functions have been legislated and regulated

· Identify those functions that are clearly state or local government responsibilities

· Identify those functions that cannot be readily defined

In response to specific questions in the action plan, Council provided the following comments:-

1. Council supports the actions associated with the plan, the identification of key partners/roles and appropriate timeframe

2. The action plan seems to address the key issues for local government

3. In relation to improvements to the plan, Council advised:-

a. The action plan needs to have a specific reference to points raised in Council’s submission, as listed above

b. Councils need to be further supported and involved in relation to various activities eg red tape, services and activities provided by ROC’s, performance, resourcing etc

4. Council believes that initiative number 9 relating to development of strategies that maximise opportunities to maximise funding from other levels of government, that the issue of disaster funding needs to be addressed. Council would like to see such funding arrangements covering areas including ease of administration, funds for natural disaster prevention and additional funding for disaster relief.

5. In relation to the process for advancing the action plan, Council suggested:-

a. A two week extension to consider major changes is not sufficient and should be extended to one month to enable input from all Councils

b. Council believes there needs to be ongoing and real commitment including resource allocation, for real actions identified in the action plan eg Local Government Act review, red tape reduction etc.

6. Council resolved to advise the Department and the Minister of research currently being undertaken by the WBC Alliance in relation to shared service models, which also includes legal and industrial requirements.

A copy of the workshop notes has been distributed to Councillors under separate cover.

ITEM 16 - 2012 NATIONAL GENERAL ASSEMBLY

REPORT IN BRIEF

Reason For Report	Advise of release of discussion paper and call for Motions for the 2012 National General Assembly.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 299280

Recommendation

THAT Council:

1. Consider any matters for motions which reside within one of the three themes to be submitted for consideration at the 2012 National General Assembly with a view to formulating these at the April Council meeting.

2. Authorise the attendance of the Mayor and the General Manager to the 2012 National General Assembly.

2. Conduct the June Ordinary Council meeting on Monday 25 June 2012.

General Manager's REPORT

The Australian Local Government Association (ALGA) have made a call for motions for this year’s National General Assembly to be held in Canberra from 17- 20 June.

The ALGA is calling for motions under this year’s theme “National Voice, Local Choice – Infrastructure, Planning, Services”.

To be eligible for inclusion motions must follow the principles:

· Fall under one of the themes – partnership, place and position;

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

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

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

Motions must be submitted by Friday 27 April to be considered for inclusion at the 2012 National General Assembly.

Council will need to give consideration to its attendance at the NGA by the Mayor or his representative and the General Manager. It should be noted however, that the NGA does coincide with Council’s June Council meeting which is scheduled for Monday 18 June 2012, therefore it is suggested that the June meeting be conducted one week later on Monday 25 June 2012. This will also assist with the preparation of Committee reports and agendas, as it will be necessary to move June committee day back one week to 12 June, because of the 28 day advertising period associated with Council’s IP&R requirements.

ITEM 17 - CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT - CONTRIBUTION OF FUNDS

REPORT IN BRIEF

Reason For Report	Advising Council of a request from the Local Government & Shires Association for all NSW Councils to contribute funding for the Constitutional Recognition of Local Government campaign.
Policy Implications	Nil
Budget Implications	Contribution of $14,210.93 plus GST over 3 financial years to be funded from future years' budget.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT and SHIRES ASSOCIATION - 296143

Recommendation

THAT Council contribute $14,210.93 plus GST over 3 financial years towards the ALGA national advertising campaign to promote Constitutional Recognition of Local Government to be funded from future years’ budgets.

General Manager's REPORT

Council would be aware that in 2010 the Prime Minister, Julia Gillard, made a commitment to hold a referendum in conjunction with the next Federal election to include recognition of Local Government in the Australian Constitution. Council has previously resolved to support this campaign and has lobbied for it.

The benefits of Constitutional Recognition to local communities are many, including better access to Federal funding.

The Australia Local Government Association (ALGA) is leading the campaign on behalf of all Councils across the country and to date more than 85% of Councils in Australia have moved motions in support of Constitutional Recognition of Local Government. In addition to all Councils actively lobbying on this issue, the ALGA are requesting a financial contribution towards a national advertising campaign to gain support for a ‘yes vote’ when the time comes to hold the referendum. In order for the referendum to be successful it requires a ‘double majority’, which is a majority of ‘yes votes’ from a majority of voters and a majority of states.

From previous ALGA research it is expected that a national advertising campaign will cost in excess of $10 million and that NSW Councils, based on size and population, will be expected to contribute approximately $2.7 million of this amount. This will be contributed to the ALGA through the Local Government & Shires Association (LGSA) to coordinate the national advertising campaign.

Whilst the scope and content of the advertising campaign has not been determined as yet, the LGSA have notified NSW Councils that funds will be required so that the contribution can be factored into the budget process for 2012/2013 and subsequent years.

At the December 2011 LGSA Board Meeting it was resolved that the $2.7 million required by the ALGA by sought from member Councils by way of a special levy with each Council’s share being payable in three equal instalments over a three year period commencing 1 July 2012. The levy has been calculated using the standard formula used when calculating similar levies, such as legal assistance.

Cabonne Council’s levy towards this campaign is $14,210.93 plus GST.

Further information regarding support work for this campaign required by Councils at a local level will also be issued early this year.

ITEM 18 - 2012 AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION (NSW) 60TH ANNUAL CONFERENCE

REPORT IN BRIEF

Reason For Report	Seeking Councillors' interest in attending the Australian Local Government Women's Association (NSW) 60th Annual Conference in Dubbo 22-24 March 2012.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT WOMENS ASSOCIATION - 300075

Recommendation

THAT any interested Councillors be authorised to attend the 2012 ALGWA Conference.

General Manager's REPORT

Program and registration details have been emailed to Councillors for the 60^th Annual Conference to be held in Dubbo on 22-24 March 2012.

The theme for this year’s conference is Creators of Change – Women in Local Government. The conference provides valuable networking opportunities and a range of interesting guest speakers. Registration cost is $540 for ALGWA members and $580 for non-members, which includes attendance at all conference sessions, lunch, afternoon tea and morning tea, Mayor’s Welcome Reception, Casual Dinner, Conference Dinner, Delegates satchel and materials.

ITEM 19 - MARCH RURAL FIRE SERVICE BRIGADE STATION

REPORT IN BRIEF

Reason For Report	Seeking bridging funding for March Rural Fire Service Brigade Station
Policy Implications	Nil
Budget Implications	Bridging loan of $90,000
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\EMERGENCY SERVICES\SERVICE PROVISION\MARCH RURAL FIRE BRIGADE - 301017

Recommendation

THAT Council agree to fund the short fall in funding of $90,000 for construction of the March Brigade station from the Bush Fire Infrastructure Reserve, based on the correspondence received from the Regional Manager of the Rural Fire Service Region West.

Director of Finance and Corporate Services' REPORT

Council at its December 2011 Ordinary Meeting resolved

“That Council agree to fund the short fall in funding of $90,000 for construction of the March brigade station subject to a letter of commitment being received from the Regional Manager of the Rural Fire Service Region West for $90,000 to be made available from the Rural Fire Fighting Fund, in 2012/13, with funding to be provided from the Bushfire Infrastructure Reserve”.

Council had received a reply from the Rural Fire Service indicating that the Regional Manager supports the proposed station build and “will ensure the additional $90,000 required to complete this project will be made a priority in the 2012/13 budget”.

Council’s Director of Finance and Corporate Services has spoken to the Regional Manager, Region West, of the Rural Fire Service seeking clarification of his statement. The Regional Manager has indicated that whilst he is able to indicate that he will make the brigade station a priority he is unable to guarantee, as such allocations are subject to final treasury approval during the normal budget process.

On the basis of the assurance received is it recommended that Council agree to fund the short fall on the basis of it being reimbursed at the earliest possible date and as the highest priority for Region West.

ITEM 20 - EUGOWRA RURAL TRANSATION CENTRE

REPORT IN BRIEF

Reason For Report	To consider a request for waving of interest payments on loan number 800197
Policy Implications	Nil
Budget Implications	Possible forgone interest on loan
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\SERVICE PROVISION\EUGOWRA RURAL TRANSACTION CENTRE - 301033

Recommendation

THAT Council agree to waive future interest repayments for the Eugowra Rural Transaction Centre subject to a room being made available to Council at no charge, if required.

Director of Finance and Corporate Services' REPORT

Council has received correspondence from the Eugowra Promotion and Progress Association seeking consideration from Council of a deletion of the interest clause in their loan agreement due to the Committee recollections of the loan being offered interest free and unanticipated cash flow deficits.

The Committee previously wrote to Council in November 2009, seeking simular considerations and have indicated that they do not appear to have received a response to that correspondence. Council’s record indicate a reply was in fact forwarded on the 4^th January 2010, indicating that the original consideration by Council of an interest free loan was on the basis of it being ascribed as a value for premises owned by Council, which in the early stages of the negotiations were being considered for the Rural Transaction Centre.

During negotiations in relation to the relocation of the Rural Transaction Centre the association acquired an alternate property and sort an actually cash loan from Council to the value of $30,000.

As the loan involved a cash outlay, Council required interest to be repaid on that loan.

The Rural Transaction Centre provides a valuable facility to the community of Eugowra and is a non for profit organisation. It is understood that during 2010, due to a change in government policy, the Transaction Centre lost a substantial source of income when the Centrelink agency that they were conducting was down graded.

Despite representations made both by the Eugowra Progress Associations, Council and the Local Federal Member, this decision was unable to be over turned and the Association is now seeking Council reconsideration of its earlier decision.

The Centre has a room for casual hire and Council could consider requesting this room be made available to Council at no cost when required as an offset against the interest component. The outstanding loan balance would still need to be repaid.

ITEM 21 - DRAFT POLICY - REQUEST FOR REDUCTION IN WATER AND/OR SEWERAGE CONSUMPTION COSTS POLICY

REPORT IN BRIEF

Reason For Report	Reqesting Council consideration of a new policy
Policy Implications	New Policy to be adopted
Budget Implications	Nil
Annexures	1. Water Sewer Policy February 2012
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY DOCUMENT - 301154

Recommendation

THAT Council adopt the Policy – Request for Reduction in Water and/or Sewerage Consumption Costs Policy

Director of Finance and Corporate Services' REPORT

Council at its June Ordinary meeting resolved, inter alia:-

‘THAT:

2. A policy be written when a request for a reduction in sewer charges is received due to a water leak.’

A new policy based on Council’s previous policy for excess water reductions when leaks are detected is now attached for Council’s adoption.

ITEM 22 - NOTICE OF ALTERATION/RESCISSION MOTION - AUSTRALIA DAY EASTERN AREA AWARDS

REPORT IN BRIEF

Reason For Report	To consider a Notice of Alteration/Rescission Motion received from Clrs Duffy, Dean and Bleakley
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MOTION - 295567

Recommendation

THAT Council note the information that the award could not be made by the committee and ensure that the delegations are adhered to in future years.

DIRECTOR OF FINANCE AND CORPORATE SERVICES’ REPORT

A Notice entitled “Notice of Alteration / Rescission” has been received from Clrs Duffy, Dean and Bleakley reading as follows:-

“We the undersigned Councillors wish to alter the Proceedings in Brief for the Australia Day Committee Meeting on 19 December 2011 for the Achievement award for 2012 for the eastern Area.

RECOMMENDATION (Culverson/ Duffy)

THAT The Eastern Area Australia Day Citizen of the Year, the Eastern Area Young Citizen of the Year and the Achievement Award winner for 2012 be as recorded in the Proceedings in Brief.

ADC8/11

Carried

There is no foreshadowed motion”

Signed: Clrs Kevin Duffy, Geoff Dean and Noel Bleakley.

It is understood that the intention of the Notice, notwithstanding that it does not technically meet the requirements of a Rescission Motion, was to rescind the awarding of the Achievement Award for 2012.

Accordingly the other winners covered by the resolution, i.e. the Eastern Area Australia Day Citizen of the Year and the Eastern Area Young Citizen of the Year were contacted and received their awards during Australia Day celebrations.

In researching the notice of motion it was determined that Council at its December 2010 meeting resolved that:

“… the Australia Day Awards Committee be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

a) Assess and determine nominations for Citizen, Young Citizen and Community Group of the Year.

b) In the absence of Community nominations for a particular locality or category, individual councillors may nominate suitable candidates for same allowing assessment and determination by the Committee.

c) Assess and determine the Cabonne Youth Ambassador of the Year.”

The Australia Day Awards Committee is not authorised to create a new award and that part of the resolution relating to “the Achievement Award winner for 2012” is therefore unable to be made by the Committee. Accordingly no award was made of the proposed new award.

As the intention of the Notice has in effect resulted there is no need for Council to consider this matter.

ITEM 23 - NSW Libraries Central West Zone meeting 2012

REPORT IN BRIEF

Reason For Report	To advise councillors of the upcoming meeting and authorise attendance by interested councillors
Policy Implications	Nil
Budget Implications	Cost of $790 (based on 30 attendees) funded from Sundry Admin - 10031.000 to cover Venue hire, lunch and morning tea. Travel expenses claimed by any councillors who attend.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\PUBLIC LIBRARIES NSW - 296207

Recommendation

THAT Council:

1. Note that the NSW Libraries Central West Zone meeting 2012 is being hosted by Cabonne Council at Canowindra.

2. Authorise interested councillors to attend.

Administration Manager's REPORT

Public Libraries New South Wales (PLNSW) represents the interests of public libraries and their users throughout New South Wales. Currently it has 120 members comprising 105 local government authorities and 15 regional library services.

The Association has a vital interest in improving library services and access to information resources for all people living in New South Wales through a range of initiatives, joint ventures and partnerships.

To ensure that all areas of NSW are able to participate in the association, PLNSW is divided into 5 Zones:

· Central East

· Central West

· North East

· South East

· South West

This arrangement ensures that all Council/Library voices are heard and that all communities benefit from the work of the organisation.

Councils in the Central West take turns hosting this event and this year it is Cabonne Council’s turn.

The event will be held at the Old Vic Inn, Canowindra on Friday 30 March. Up to 35 delegates are expected with up to 25 arriving the previous evening.

Meeting Fast Facts:

Delegates: Mix of Councillors, Council Officers and Library Managers from across Central West/Western NSW

Program: Official welcome by the Mayor, guest speakers and a meeting (similar to the LGMA)

Social Events:

Dinner the evening before at delegates own cost. Canowindra@home group will host a Wine & Cheese event at the Swinging Bridge Cellar Door on Thursday evening followed by dinner at Old Vic Inn.

Council will host the meeting on Friday 30^th March at the Old Vic Inn and provide a light lunch at the Age of Fishes Museum. The meeting is expected to last to mid afternoon.

Attendees will be invited to extend their stay through the weekend with weekend package suggestions to be sent to the delegates.

ITEM 24 - QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

Reason For Report	To present to Council changes to the Budget Estimates for 2011/2012 Budget
Policy Implications	In accordance with Council Policy
Budget Implications	Yes
Annexures	1. December QBR Report 2. December QBR Bank Reconciliation 3. December QBR Investment Reconciliation 4. December QBR Reserve List
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\QUARTERLY FINANCIAL STATEMENTS - QBR - 299010

Recommendation

THAT the variances noted in the attached review be approved by Council and the changes noted against the original budget.

Senior Accounting Officer's REPORT

The Quarterly Budget Review for the period from 01/10/2011 to the 31/12/2011 is presented to Council in the revised format according to the new legislation of the Division of Local Government.

To prepare this document it has been necessary to seek the input and assistance of other staff. Only the information supplied has been used to compile this document, together with matters known to the writer and by perusal of the general ledger accounts.

This document includes the following statements;

1 Statement by Responsible Accounting Officer

2 Changes to Income & Expenditure Statement

3 Capital Budget Statement

4 Consultancy & Legal Expenses Statement

5 Contract Statement

6 Key Performance Indicators Statement

7 Cash & Investments Statement

The major changes contained in the review are reflected in the following activities of Council.

Item 1. Governance & Administration

WBC has incurred further expenses for the IT Project. The expense has been offset by a contribution from the Alliance partners and a transfer from reserve for Council’s contribution. The total expense was $48,032.

The plant hire income has increased by $1m; this has been partially offset with an increase in plant running expenses of $700k. The balance, together with a transfer from reserve, has funded the purchase of $1,159,647 worth of new plant items.

Item 2. Public Order & Safety

A contribution from the RFS for the building of the Nashdale & March Fire sheds has been noted in this budget and the offset in the capital construction of the sheds.

Item 3. Health

No variances noted in this activity.

Item 4. Environment

Grant funding of $24,000 has been noted here, to carry out a Bio Diversity study, the funding has been supplied from Lachlan Valley Water Management Catchment Authority.

It has been necessary to increase the expenditure in the area of Manildra Community Septic Tank cleaning and the general cleaning of septic tanks. This expense of $22,999 has been partially offset with an income amount of $12,562.

Item 5. Community Services & Education

No significant variances are reported in this activity.

Item 6. Housing & Community Services

No significant variances are reported in this activity.

Item 7. Water Supplies

No significant variances are reported in this activity.

Item 8. Sewerage Services

No significant variances are reported in this activity.

Item 9. Recreation & Culture

Various equipment and minor construction has been supplied to the areas of Libraries, Pools and Public Halls.

A contribution of $39,600 has been received for the Molong Skate Park and the construction of the Skate Park has been offset against this funding.

A Regional Local Community Improvement Program Grant of $134,462 has been noted in this budget and will assist in the construction of projects such as the Manildra Skate Park, Cargo Playground equipment and others.

Item 10. Mining Manufacturing & Construction

No matters of significance are reported in this area and have no overall affect on the budget.

Item 11. Transport & Communication

The RMS has advised that an additional $12,472 will be available for the State Routine maintenance.

In the regional road construction area MR237 Nyrang Repair was initially allocated $800,000, in the last review the amount was reduced to $400,000 and in this review the whole of the amount has been returned to Regional Road Maintenance. The allocation has been distributed over a variety of activities including sealing and repair, specific pavement reseals, line marking and heavy patching.

An additional allocation of $236,750 has been allocated by the RMS for the Safety Project for Cargo Road Guardrails.

Mulyan intersection has been allocated an additional $180,000. It is envisaged that the additional funding will come from the Blackspot programme at this stage, but other changes may be made to the source of funding and this matter will again be investigated in the March Review.

Gundong Road has been allocated an additional $200,000, funding is from a decrease in the allocation for Paul’s Lane and further income in the Road to Recovery Program.

The budget for the Cycleways, $110,000, has been taken from this review as no funding is available from the RMS.

Section 94 expenditure is noted to be increased and is funded by an offset from the restricted funds held by Council.

Some variances have been noted in the Cabonne Local Bridge Program.

Tom’s Waterhole has been reduced to $250,000, Cotton’s Bridge has been reduced to $50,000. These changes have been adjusted against the transfer from the Mining Reserve.

Please note that the Roads and Traffic Authority formerly referred to as the RTA has now changed to RMS Roads & Maritime Services.

Item 12. Economic Affairs

No significant matter in this activity has been noted.

Item 13. General Purpose Income

While it is noted that interest rates are continuing a downward decline, interest Council has obtained on investments, to date, averages 5.71%. The result has been pleasing and while the initial budget was estimated at achieving 5.9% no major change is noted in this budget review. The matter will again be considered at the March Quarterly Budget Review.

Oncosts and Overheads will be reviewed in the March budget as it is noted that no major changes have occurred and that outstanding works are still to be completed.

No other matter of importance is noted in this area.

ITEM 25 - ANZAC DAY

REPORT IN BRIEF

Reason For Report	ANZAC Day Ceremonies will be conducted throughout the Cabonne area.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\ANZAC DAY - 300171

Recommendation

THAT Council:

1. Authorise a Cabonne Councillor to attend the civic commemoration service in Orange on ANZAC Day 2012.

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

Administration Officer's REPORT

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

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

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

ITEM 26 - Australia Day Wrap Up 2012

REPORT IN BRIEF

Reason For Report	Australia Day Wrap Up 2012
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2012 - 296011

Recommendation

THAT:

1. Council develop a pro forma program for Australia Day to assist community groups with protocol and organisation of events.

2. Council determine if it wishes to give any further consideration to the conduct of one single Official Australia Day event.

3. Subject to Council’s decision in relation to point 2 above, that ongoing efforts be made to coordinate arrangements for the timing of the Official Ambassador Program so as to minimise the “down time” for the Ambassador.

Administration Officer's REPORT

The Cabonne Australia Day celebrations 2012 have attracted positive comment and publicity. Our Australia Day Ambassador Henri Szeps was warmly welcomed by the communities and met many people in Cudal, Manildra and Yeoval.

The day also included two citizenship ceremonies which were held at Cudal and Manildra during the proceedings.

Letters of thanks have been forwarded to our Ambassador and Youth Ambassador and all of Cabonne’s Australia Day committees whose hard work and dedication ensured well organised local celebrations.

Special thanks also needs to be given to those Councillors who attended celebrations in various communities.

Australia Day celebrations play in important role in unifying Cabonne communities and recognising community achievements. In addition, the citizenship ceremonies which often take place are also very special occasions deserving of due respect. Underlying these considerations is the importance of maximising any goodwill generated by such events, both locally and beyond.

The 2012 Australia Day itinerary highlighted the challenge of combining informal community/family activities with official duties of this nature. The variable nature of venues and activities on offer also challenges the presentations and goodwill of our Ambassadors. It was also clear that communities put in a lot of work to make the day successful, in spite of the variable weather conditions.

Feedback from the day identified some issues that Council may want to further consider in reviewing future years events, such as:

1. The suggestion for a pro forma program to assist community groups with protocol and organisation of events.

2. The benefits of coordination the timing of the Official program visits so as to minimise “down time” during the day for the Ambassador and other guest.

3. The concept of all official presentations being held in one location. This may allow for greater media coverage and limit the workload of the Ambassador. Individual communities could still hold Australia Day functions/parties at a time that suited them. The main disadvantage of this suggestion is that it could take away from of the prestige and official feel for the other communities and reduce opportunities for communities across the Shire to meet the Ambassador.

ITEM 27 - NEW LAND VALUES ISSUED FOR CABONNE

REPORT IN BRIEF

Reason For Report	To advise of the new land values issued for rating by the Valuer General to be used in 2012/2013 year
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RATES AND VALUATIONS\VALUATIONS - 298059

Recommendation

THAT Council convene a meeting of its rate review committee to determine the impact of the valuations on its ratepayers.

Senior Rates Officer's REPORT

A general revaluation has been carried out for all land in Council’s area. The new values will be used for rating for the 2012/2013 year.

The new values to be used for rating for the 2012/2013 year have been loaded onto the system and all balancing reports have been completed.

There has been an overall increase of 6.77% which is considerably lower than the previous increase of 77%.

Rating Category	2007 Values	2011 Values	Percentage Increase or Decrease
Farmland	1,077,226,750	1,138,110,150	5.65
Residential (Molong)	40,786,220	51,125,430	25.35
Residential Canowindra	27,762,340	30,804,300	10.96
Residential (Village)	30,460,810	31,003,090	1.78
Residential (Rural)	275,180,060	290,353,415	5.51
Residential	48,783,685	56,283,690	15.37
Mining	22,134,600	12,942,100	-58.47
Business Molong	5,462,720	6,519,390	19.34
Business Canowindra	3,325,080	3,848,260	15.73
Business	11,183,940	11,655,660	4.22
Totals	1,542,306,205	1,632,645,485	5.86

The valuation for the Cadia Mine was initially reduced by approximately half. A re-ascertainment valuation change was received immediately after the issue of the new valuations changing the value from $12,942,100 to the correct value of $27,042,100.

Rating Category	2007 Values	2011 Values	Percentage Increase or Decrease
Farmland	1,077,226,750	1,138,110,150	5.65
Residential (Molong)	40,786,220	51,125,430	25.35
Residential Canowindra	27,762,340	30,804,300	10.96
Residential (Village)	30,460,810	31,003,090	1.78
Residential (Rural)	275,180,060	290,353,415	5.51
Residential	48,783,685	56,283,690	15.37
Mining	22,134,600	27,042,100	22.17
Business Molong	5,462,720	6,519,390	19.34
Business Canowindra	3,325,080	3,848,260	15.73
Business	11,183,940	11,655,660	4.22
Totals	1,542,306,205	1,646,745,485	6.77

ITEM 28 - HOLMAN BRIDGE REPLACEMENT

REPORT IN BRIEF

Reason For Report	Council is to approve the final concept drawings for the replacement of Holman's Bridge - North of Goologong.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES - 294643

Recommendation

THAT Council:

1. Concurs with the final draft of the design for the replacement of the existing timber bridge and approach works.

2. Gives approval for Cowra Shire to undertake the approach works within the Cabonne area subject to provision for traffic being to the satisfaction of Cabonne council.

Director of Engineering and Technical Services' REPORT

Council’s Director of Engineering and Technical Services met with representatives of the Roads and Maritime Services including the Project Manager for the replacement of the Holmans Bridge, Mr Peter Hamilton. Mr Hamilton presented final concept plans for the replacement of the bridge, these included plans for the design of the approaches, the bridge location and construction, these are along the principles that were presented to council previously and require minimal adjustment to the approaches.

It is also noted that the existing bridge will be in use with sidetracks during the construction of the new bridge. At the meeting, the Roads and Maritime Services also indicated that Cowra Shire Council have shown interest to construct the approaches, it is noted that the bulk of the roadworks is in the Cowra Shire with some 615m of approaches on the Cowra side and 221m on the Cabonne side.

It is also noted that the Roads and Maritime Services have indicated that the bulk of the borrowed material for the earthworks will be located in the Cowra shire, based on this it is reasonable that Cowra Shire should construct the approaches including the 221m in the Cabonne Shire and it is recommended that council give approval for Cowra to construct this section of road.

In getting this approval, council should make clear that they will need to be involved in the construction planning stage so that access and provision for traffic is to the satisfaction of Cabonne Council.

ITEM 29 - UNDERGROUND PETROLEUM STORAGE SYSTEM CUDAL DEPOT

REPORT IN BRIEF

Reason For Report	Impax Group assessment of ground water conditions adjacent to Underground Petroleum Storage System
Policy Implications	Nil
Budget Implications	Up to $90,000 if fully implemented
Annexures	1. Impax Group UPSS Groundwater Monitoring Draft Report Cudal Depot
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\DEPOTS - 300521

Recommendation

THAT:

1. The existing UPSS at the Cudal Depot be decommissioned.

2. A further report be provided to Council presenting the benefits of an alternate fuel storage/supply system.

3. In the interim period tender for the supply of fuel from commercial fuel distributors.

4. Undertake an integrity test on the Molong UPSS.

Operations Manager's REPORT

Council operates two Underground Petroleum Storage Systems (UPSS) one at the Cudal depot and one at the Molong Depot. These storages are used by council’s plant with fuel dispensed from bowsers located at the depots.

Under the POEO (Underground Petroleum Storage Systems) Regulation 2008 an ‘old’ underground petroleum storage system must have ground monitoring wells installed, and groundwater monitored by 1 June 2011.

Groundwater monitoring wells were installed at the site to satisfy this requirement of the POEO (UPSS) Regulation 2008.

Council commissioned The Impax Group to assess ground water conditions adjacent to the UPSS located at Council’s Works Depots.

In order to meet the objectives of the project, The Impax Group:

1. Installed three groundwater monitoring wells around the UPSS.

2. Collected groundwater samples from the monitoring wells.

3. Surveyed each ground-watering monitoring well to obtain relative standing water levels.

4. Analysed a groundwater example from each well and

5. Compared groundwater analytical results to guidelines.

A report and analysis including recommendations has now been provided for Council’s consideration.

Molong Depot UPSS.

The Impax report on the Molong UPSS found weak to moderate hydrocarbon odours in the upper 4-5m of each well. Hydrocarbon product was not identified in any well. However the report recommends the source of observed hydrocarbon impacts in groundwater should be investigated. The report also recommends consideration of decommissioning of the UPSS and installing above ground storages.

Given the relative minor evidence of hydrocarbon in the water table the priority for reviewing the Molong UPSS is low.

Cudal Depot UPSS

The analysis of the ground-water samples showed the presence of hydrocarbons beneath the UPSS, that indicated that one or more of the components of the UPSS at the site is leaking, or has leaked in the past.

Based on the results of the assessment, Council as the site owner, has a duty to report contamination at the site under Section 60 of the NSW Contaminated Land Management Act 1997. This was duly reported to the Office of Environment and Heritage on receipt of the report on 6 February 2012.

The recommendations from The Impax Group Report gives Council two options:

1. To keep the existing UPSS in place and conduct integrity testing to assess whether it is damaged, and undertake additional groundwater investigation to assess for future potential for hydrocarbons from the site to impact on adjacent properties, groundwater users and/or the environment;

2. Council consider decommissioning the existing UPSS and replacing it with an above ground storage system.

Option One

To undertake the integrity testing of the UPSS would involve extensive excavation of the site. This would greatly impact on the daily activities of Council with the closing of the main entrance/exit of the works depot for extended periods. It would have potential impact on the adjoining businesses of the Cabonne Cultural Centre and Cudal Motel.

This excavation and groundwater monitoring and analysis has an estimated cost of $30,000, with a risk of full replacement of the UPSS, if the monitoring results exceed recommendations against the guidelines.

Option Two

To remove the existing UPSS and replace with an above ground storage system would allow Council to relocate the fuel storage system to a more suitable location within the confines of the Cudal Works Depot. The relocation of the current UPSS would completely remove any future issue with groundwater contamination and free up the area currently occupied by it for other use.

It would completely remove the potential for ground contamination, which could impact on the adjoining businesses, namely the Cabonne Cultural Centre and Cudal Motel. Its removal would also improve the amenity of Cudal’s Main Street.

The estimated cost of removing and rehabilitating the existing site would be $30,000. The estimated cost of the installation of an above ground fuel storage system and ancillary equipment would be $60,000, totalling $90,000. The initial $30,000 could be funded from the Plant Replacement Reserve.

A third option may be available to Council, and that is to completely remove the fuel storage system at Cudal and seek an external provider for fuel requirements.

ITEM 30 - AMSAG FORBES/CABONNE 2011 RALLY COSTS

REPORT IN BRIEF

Reason For Report	Council approval requested to share event costs with AMSAG
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PERMITS\CAR RALLIES - 300644

Recommendation

THAT Council seek full payment of Council’s costs associated with the conduct of the AMSAG event and further, approval for any future event is subject to the organisation having met all outstanding costs from previous events.

Asset Manager's REPORT

The 2011 AMSAG Forbes/Cabonne Rally incurred $3,137 total costs. Made up of

1. Advertising temporary road closures - $1139

2. Hire, collect and deliver signs and barriers to Eugowra Depot - $1998

AMSAG were invoiced for the full amount and subsequently have paid $1139 for the advertisement in full.

AMSAG have also contributed $100 for the supply of signs and barriers being the quoted cost for the 2010 Rally for delivery only from the Cudal Depot to Eugowra.

Hence the balance remaining is $1898 which is made up of the following costs less the $100 from AMSAG

1. Wages $544

2. Plant $576

3. Hire Fees $261

4. Oncosts & Overheads $617

The balance owing $1898 is directly related to the running of the AMSAG event and should be recovered from the organisation conducting the event.

It should also be noted that this event may be conducted annually and that approval to any future event would be subject to payment of outstanding costs.

ITEM 31 - 2011 -2012 VILLAGE ENHANCEMENT PROJECT

REPORT IN BRIEF

Reason For Report	For Council to approve the listed projects
Policy Implications	In accordance with the VEP guidelines
Budget Implications	Funded from existing VEP vote
Annexures	Nil
File Number	\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2012 - 300647

Recommendation

THAT Council approve the works listed for VEP funding and include the non-VEP funded projects for consideration in the 2012-13 budget submissions or funded areas in works program.

Design Manager's REPORT

Background

Commencement of Program

The Village Enhancement Program (VEP) commenced in 2005/2006 with Council engaging a consultant urban planning firm to conduct community consultation and preparation of master plans for beautification of the CBD and entry areas for each of the towns and villages within the shire.

The goal of the program was to beautify the main areas and entrances of the villages through such features as specific pavement styles, landscaped areas, street furniture, signage and tree planting.

Community Consultation

Community consultation occurred throughout the early stages of the project including community input prior to the preparation of initial plans as well as in the delivery of the plans to Council and the community.

Following receipt of the plans from the consultant urban planning company it was determined that the information provided during the initial community consultation was not accurately reflected in the plans. It was also determined that many of the features included in the plans would not be relevant for the village areas.

Based on this Council staff, through the relevant Progress Associations for the villages, continued with another round of community consultation in order to better reflect the community wishes in the plans.

In March 2011 Council started its Community Consultation meetings with Towns and Villages within the Council. From these meetings a priority listing of beautification works were created for inclusion in the 2011/12 VEP. The Villages who were yet to have their Community Consultation meetings were contacted through the Progress Associations to discuss their top two (2) priority projects for their town.

A list was then created noting each project for the Towns and Villages. From that list, individual meetings were held with each Progress Association to discuss the location and design for their projects. A request was also given to the Progress Associations to supply quotations for works requested, that are not standard council stock, e.g. benches, bins etc.

Guidelines

Guidelines relating to the types of projects that were suitable for funding under the VEP were included in the initial information provided to the community groups and the consultant planners. These guidelines were based on the following objectives of the program:

1. Projects are to be located in the CBD area of the town or village or at the town entry areas;

2. Projects are to be linked to beautification of the area wherever possible;

3. A sense of continuity between the towns and villages is to be encouraged with similar styles of features, such as signs and furniture, to be placed in each of the towns and villages; and

4. Projects not related to beautification works, such as amenity blocks, shall not be included in the program.

Proposed Projects

The following list shows each Town/ Village, their projects, and estimated costs:

Town	Project	Potential for Local construct/project manage	Costs
Canowindra	Supply & Install a garden on corner of Gaskill & Blatchford Streets	Yes 100%	$ 37,200
	Note: additional works associated with pedestrian plan to be identified.	Nil – Community to identify works
Cargo	Remove & replace existing picnic setting (3)	Yes 50% (installation)	$13,674
	Install park benches in Village Green (2)	Yes 50% (installation)	$3,520
	Remove and replace existing garbage bin	Nil	$2,000
Cudal	Bins and notice board	Nil	$5,000
Cumnock	Solar decorative park lighting	Yes 100%	$3,500
Eugowra	Concrete Works – Strip at travellers rest area between dumpsite and new information board	Yes 100%	$2,425
	Supply and install Bus Shelter opposite existing shelter in Broad St	Nil	$6,500
	Remove existing and install 5 new bins throughout town	Nil	$10,000
	Supply and install 2 information boards – Various locations	Nil	$1,560
Manildra	Seal car park off Kiewa Street	Nil	$3,000
Molong	Replace bollards and improve tree surrounds Bank Street	Nil	$25,000
Mullion Creek	Supply and install information board	Nil	$780
	Supply and install 3 picnic tables	Yes 50% (installation)	$11,046
	Supply and install park bench	Yes 50% (installation)	$1,760

Nashdale	Supply and install two planter boxes in front of Nashdale Hall	Yes 100%	$2,000
Nashdale	Landscaping works for planter boxes and yard at Nashdale hall	Yes 100%	$1,000
Yeoval	Supply 40 Golden Elm trees for Tree Avenue on Parkes and Obley Entries	Yes 100%	$1,600
	Supply and install 7 seats in Main Street	Nil	$12,320
	Remove existing and install 5 new bins – Various locations	Nil	$10,000
Total cost for projects			$153,890

Timeframe for completion of projects.

1. Fabrication seats, bins and benches. – allow four months for the fabrication/supply of these items – Council to initiate on approval.

2. Installation – allow one month to install – Community groups.

3. Concrete works – could be completed in two months – contracted out.

4. Installation of street furniture – the majority of these will need to be contracted out for installation. Installation using day labour will extend the program beyond the financial year to late November, December.

5. Purchase and installation of items such as decorative lights – subject to availability, timeframe dictated by council’s purchasing policy and need to obtain quotations for items over $10,000.

Given the fabrication/supply and installation timeframe it is possible for the projects to be completed in the current financial year.

The following projects were nominated by the various local community groups but do not meet the criteria for VEP funding or may be funded from another program.

Town	Project	Possible funding program	Costs
Cargo	New fencing around kids playground, including gates & locks	LAIP	$11,180.00
Cudal	Wire Rope Safety Fencing on roadside at Caravan Park	LAIP	$17,798.00
Cumnock	Concrete slab in front of Crossroad Building	Local Roads Footpath Imp.	$2,200.00
Cumnock	Lighting for façade of Crossroad building	LAIP	$2,000
Eugowra	Concrete works – strip adjacent to pathway at Pioneer Park	Local Roads Footpath Imp.	$4,440.50
	Concrete works – Disabled ramp from kerb to BBQ Area at pioneer park	Local Roads, Footpath – Disabled facilites	$3,870.75
	Reseal of Pioneer Park carpark	LAIP	$10,000.00
Manildra	Pave footpath along Kiewa Street	Local Roads Footpath imp.	$55,000.00
Molong	Reseal Bank Street from Watson Street to Edward Street, including linemarking	Local Road reseal program.	$54,310.00
Mullion Creek	Construct concrete path from toilet block	LAIP	$10,000

Village Enhancement Projects Completed (as reported to the March 2011 Ordinary Meeting of Council)

PROJECT	VALUE
SHIRE WIDE
Entry Signs, including sub-panels	$187,278
Street Furniture	$38,000
BORENORE
BBQ Area & Shade Structure	$40,000
CUDAL
Information Boards	$2,600
Bus Shelter	$12,520
EUGOWRA
Information Board	$2,600
Landscaping along Nanami Street	$39,510
Bus shelter	$13,764
MULLION CREEK
BBQ Area behind Community Hall	$34,984
Culvert Area near Church	$9,225
CUMNOCK
Information Board	$2,600
BBQ Area in park	$21,066
YEOVAL
Information Board	$2,600
CARGO
Information Board	$2,600
Landscape area in front of Community Hall	$29,405
Bus Shelter	$20,000
Parking area along Belmore Street (including LAIP funding)	$23,656
MANILDRA
Park area along Kiewa Street	$60,618
CANOWINDRA
Memorial Park upgrade	$35,674
Historic Town Signage	$9,034
MOLONG
Bank Street Beautification Works	$138,940
Information Boards	$2,600
TOTAL	$729,274

ITEM 32 - CANOWINDRA POOL UPGRADE, CONSULTANTS REPORT

REPORT IN BRIEF

Reason For Report	Seek Council's endorsement for the concept plan and project development
Policy Implications	Nil
Budget Implications	Total project cost estimated between $1.6M to $2.6M
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COUNCIL POOLS - 300753

Recommendation

THAT Council:

1. Endorse the long-term strategy and concept plan for the Canowindra Pool.

2. Seek comment and selection of the preferred option (1 or 3) from pool user groups (Local Councillors to select reference group).

3. Prepare a design and construct brief for the preferred option, 1 or 3.

4. Note the structural Engineer’s report.

Director of Engineering and Technical Services' REPORT

Consultants Lantz Marshall has submitted the final “Canowindra Pool Long Term Strategy”, February 2012. Council may recall the draft plan submitted in August 2011contained two options;

1. Conversion of the 33m pool into a 25m lap pool with program pool, children’s pool and water play area.

2. Converting the existing 33m, 6 lane pool into a 50m 8 lane lap pool with children’s pool and water play area.

The current plan incorporates a third option that locates the water play area at the western or entrance end of the complex. This option was incorporated as there was concern that Option 1 placed the water play area at the eastern end of the complex near the deep end of the main water body and at the opposite end of the complex from the children’s pool.

Council would recall the long-term plan and options were developed through a community consultation process that included two public meetings. The first meeting indentified the opportunities and constraints and the second reviewed the long-term strategy and selection of the preferred option. The preferred option being Option 1.

The scoping of works items and estimated cost for the options is contained in the consultant’s report which has previously been emailed to Councillors. It is noted the amenities up-grade items in “B” have been completed. The estimated total cost for each potion (including the amenities) is;

Option 1 – $1.57M

a) convert 33m pool to 25m lap pool including wet deck

b) repair and re-tile children’s pool

c) new water play area

d) concrete concourse repairs

e) amenities up-grade

f) solar heating

g) additional shade areas

h) plant up-grade

i) club room and storage

j) fencing and landscaping

Option 2 - $2.55M

a) construct 50m x 8 lane lap pool

b) construct children’s pool

c) new water play area

d) concrete concourse repairs

e) plant room up-grade

f) solar heating

g) fencing and landscaping

h) club room and storage

Option 3 - $1.66M (similar to (Option 1)

a) convert 33m pool to 25m lap pool including wet deck

b) repair and re-tile children’s pool

c) new water play area

d) concrete concourse repairs

e) amenities up-grade

f) solar heating

g) additional shade areas

h) plant up-grade

i) club room and storage

j) fencing and landscaping

In considering the financial costs associated with the up-grade of the Canowindra Pool the on-going, recurrent costs for the operation of the pool was a major consideration. The consultants report provides comment on the significant increase on operational costs for a 50m pool as a 25 or 33m pool. The estimated annual operating costs would increase in excess of $100,000 due mainly to additional supervisory and operational expenditure.

The Community consultation process also identified the need to assess the structural condition of the existing pool to ensure any works carried out would be long term and not at risk of structural failure.

A structural engineers report has been obtained. The report found:

1. From study of the original construction drawings it is evident that based on sound engineering principles the pool’s structural shell was well built in the first instance.

2. A visual inspection of the structure combined with some non-destructive testing of the concrete shell indicates that the it as strong as it needs to be and remains in sound condition.

3. Laboratory testing of some concrete cores taken from the pool walls and floor structure confirm that the pool’s concrete shell is in sound condition.

4. Any reported leaks can be attributed to external pipe work, in particular the unplugged brass lighting socket at the eastern end of the northern wall.

The consultant states that in his option the pool is in sound structural condition.

ITEM 33 - RESCISSION MOTION - DA 2012/65

REPORT IN BRIEF

Reason For Report	To consider a Rescission Motion received from Clrs Duffy, Dean and Bleakley
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. An address that was prepared for presentation to Council 2. Correspondence from Council dated 26 October 2009.pdf 3. Correspondence to Council dated 12 August, 2009.pdf 4. Map of land subdivision pattern in the vicinity of the proposal.pdf
File Number	\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0065 - 295686

Recommendation

THAT the Rescission Motion be dealt with.

Administration Manager's REPORT

A Rescission Motion has been received from Clrs Duffy, Dean and Bleakley reading as follows:-

“We the undersigned Councillors wish to rescind the following motion passed at the December 2011Council meeting, Item 36

ITEM – 36 DEVELOPMENT APPLICATION 2012/65- SUBDIVISION (TWO LOT BOUNDARY ADJUSTMENT) - LOT 108 DP 876024 AND LOT 2 DP 884022, 523 GRIFFIN ROAD, BORENORE

MOTION (Durkin/Wilcox)

THAT Council support the SEPP 1application for DA 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022- 523 Griffin Road, Borenore and refer the subdivision to the Department of Planning.

Foreshadowed Motion

THAT Council approve the SEPP 1application for DA 2012/65 for proposed subdivision (two lot boundary adjustment) at Lot 108 DP 876024 and Lot 2 DP 884022, 523 Griffin Road, Borenore using its delegation under SEPP 1and subject to the following conditions of consent.

CONDITIONS OF APPROVAL

1 DEVELOPMENT IN ACCORDANCE WITH PLANS

Objective

To ensure the development proceeds in a manner assessed) by Council.

Performance

Development is to take place in accordance with the attached stamped plans (Ref and the documentation submitted with the application and the subject conditions below, to ensure the development is consistent with council’s consent.

NOTE: Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE.

The Principal Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made. An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and subject to a separate fee.

2 APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

Objective

To ensure compliance with section 81A of the Environmental Planning and Assessment Act,1979 as amended.

Performance

The person having the benefit of this consent must appoint a Principal Certifying Authority for the development, pursuant to section 81A of the Environmental Planning and Assessment Act, 1979 as amended and advise council in writing of that appointment BEFORE WORKS COMMENCE.

The Certifying Authority may be council, or an Accredited Certifier appointed under the Act. The required written notice to Council may be satisfied by supplying a copy of the application for a Construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994,as amended and must include the Name, Contact Address, Telephone and Accreditation Numbers of selected Certifying Authority.

The Principal Certifying Authority and other Certifiers appointed by that Authority will be responsible for the post- consent certification of the development. Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application number.

3 APPLICATION FOR CERTIFICATION

Objective

To satisfy the post-consent requirements of the Development Consent and to comply with Section 109 of the Environmental Planning and Assessment Act,1979 as amended.

Performance

The person having the benefit of this consent is required to apply for a:

COMPLIANCE CERTIFICATE to satisfy the requirements of all relevant conditions.

SUBDIVISION CERTIFICATE to satisfy the requirements of all relevant conditions.

4 REGISTRATION OF THE PLAN OF SUBDIVISION

Objective

To ensure compliance with section 109C(1)(d) of the Environmental Planning and Assessment Act,1979 as amended.

Performance

An application for a Subdivision Certificate is to include five {5) copies of an original Plan of Subdivision prepared by a Registered Surveyor to be lodged at the Land Titles Office.

5 PROVISION OF RURAL ADDRESSING NUMBERS

Objective

To provide each eligible rural property with a rural address number in accordance with Standard AS/NZS 4819:2003: Geographic Information -Rural and Urban addressing.

Performance

The location of each eligible access will be established and a number allocated based upon measurements taken by the Principal Certifying Authority which will be in accordance with Standard AS/NZS 4819:2003.

The applicant is to contact council’s G.I.S. Officer on 63923248 to obtain an application form and instructions.

6 ERECTION OF RURAL ADDRESSING NUMBERS

Objective

To ensure each eligible rural property has a suitably erected and clearly visible rural address number in accordance with Standard AS/NZS 4819:2003: Geographic Information - Rural and Urban Addressing.

Performance

The designated number plates shall be obtained and erected in accordance with the Specifications for Erection of Rural Address Numbers as supplied by Council. (Note: These plates are available from Council at a fee specified in Council's Fees and Charges).

Written notification is to be provided to Council indicating rural addressing numbers have been erected. This letter is to be supplied to Council or the Principal Certifying Authority PRIOR to the issue of a Subdivision Certificate.

7 COMPLIANCE WITH CONDITIONS OF CONSENT

Objective

To ensure that the development proceeds in the manner as determined by Council.

Performance

All conditions of this consent are to be complied with to the standards prior to any occupation.”

Signed: Clrs Kevin Duffy, Geoff Dean and Noel Bleakley.

Director of Environmental Services’ Comment on Foreshadowed Motion

There are some issues that I would like to bring to Council’s attention as they may have legal implications in Council’s dealing with this matter.

The Foreshadowed Motion is not correct in my opinion – it is worded such that it seeks ‘approval’ of the SEPP 1 submission, but the resolution does not include approval of the actual DA. SEPP 1 provides a process to vary a standard and is not an outright approval process.

Usually the wording for support of a SEPP 1 and the DA would read:

THAT:

1. The provisions of State Environmental Planning Policy No.1 be invoked in order to vary the requirements of clause 12(3) of Cabonne Local Environmental Plan 1991 to enable the creation of a rural allotment of 36.3ha containing an existing dwelling, and

2. Development Application 2012/65 for a two lot subdivision (boundary adjustment) of Lot 108 DP 876024 and Lot 2 DP 884022 being land known as 523 Griffin Road, Borenore, be granted approval subject to the attached conditions of development consent.

Director of Environmental Services’ Comment on the conditions –

The ‘draft conditions’ appear to be a cut and paste from some other approval.

When drafting conditions the first condition ties the approval to the submitted plans and support documentation. The advisory bit about modifying plans is adjusted to reflect whatever process is required i.e. construction or subdivision certificate. The councillor version is incorrect as it refers to a Construction Certificate yet does not include any requirement for works that would require such a certificate. The more appropriate reference would be to require a Subdivision Certificate. However – as stated in the planning report the driveway access to one of the lots is recommended to be upgraded and hence the nature of the draft conditions changes again. This condition then leads to proposed draft condition 2 which may or may not be required for a subdivision.

Council Planning staff always include a condition of consent headed ‘Lot design and purpose’. This condition specifies the clause under which the subdivision has been approved.

In this case there should be a condition that reads:

3. LOT DESIGN AND PURPOSE

Objective

To ensure the subdivision proceeds in accordance with Council’s consent and that the purpose of the newly created lots are clarified in the context of Cabonne Local Environmental Plan 1991.

Performance

(a) Surveying the subject land will generally be in accordance with the endorsed draft plan of survey,

(b) Proposed Lot 10 has been approved as an agricultural lot under clause 12(2) of Cabonne Local Environmental Plan 1991,

(c) Proposed Lot 11 has been approved as an agricultural lot having an existing dwelling under clause 12(3) of Cabonne Local Environmental Plan 1991.

There should be a general provision that puts the onus on the developer that any cost in relocating services brought about by the development proceeding is at the cost of the developer i.e.

4. PROVISION OF SERVICES

Objective

To ensure equitable provision of adequate services

Performance

Any adjustments to existing utility services that are necessary by this development proceeding are to be at the full cost of the developer.

Foreshadowed Motion draft condition 3 – this DA requires a construction certificate, a compliance certificate and a subdivision certificate

Foreshadowed Motion draft condition 4 - ok

Foreshadowed Motion draft condition 5 – applies only to proposed lot 10 - objective needs the words ‘to proposed lot 10’ added after the final word ‘addressing’

Foreshadowed Motion draft condition 6 – ok

Then there needs to be two additional conditions because the access to each lot requires upgrading. There is also a standard condition regarding traffic management plans past work sites.

Sample wording follows:

PROVISION OF PRIVATE ACCESS

Objective

To ensure that safe and practical access is provided to proposed allotments.

Performance

Access must be provided to all proposed lots in accordance with Council’s Provision of Private Access Specification that is current at the time of application.

The existing access to proposed Lot 11 will require modification to ensure it meets Griffin Road at right angles. The existing access to proposed Lot 10 is substandard pursuant to the current specifications and will require relocating in order to facilitate safe sight distance.

An Access Construction Certificate must be obtained prior to commencement of construction of any access or accesses to the property from the adjoining road.

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access. Please telephone Council’s Development Engineer on 6392 3200 to arrange a suitable date and time for the inspection.

A Compliance Certificate for the access must be submitted to Council before a Final Subdivision Certificate can be issued.

TRAFFIC AND PEDESTRIAN MANAGEMENT PLAN

Objective

To ensure that any traffic or pedestrian movement through or past the work site is safe.

Performance

The applicant is to prepare and implement a Traffic Management Plan that provides necessary direction to traffic or pedestrian movement through or past the work site. The Traffic Management Plan is to be prepared by a suitably qualified person in accordance with the provisions of the relevant Australian Standards and is to be submitted to Council for approval PRIOR to its implementation.

Foreshadowed Motion draft condition 7 – final bit is wrong – should read ‘prior to issue of a subdivision certificate’.

By the General Manager’s direction all subdivision approvals have an advisory note that once the subdivision has been effected the land may be rated differently and will be subject to Valuer-General appraisal of each new land parcel.

Conclusion

The conditions proposed in the foreshadowed motion will not satisfy Council’s requirements.

In order for the Rescission Motion to be dealt with by the Council it will need to be moved and seconded on the meeting day.

Comment by General Manager

Following a meeting held with the developer on 13 February, 2012 it was agreed to attach to this report:-

· An address that was prepared for presentation to Council

· Correspondence to Council dated 12 August, 2009

· Correspondence from Council dated 26 October, 2009

· Map of land subdivision pattern in the vicinity of the proposal

In essence, there are two main issues to be considered being the subdivision of the land and the ability to construct a house. Council has previously supported the subdivision application, however in view of the complexity of the matters it may be appropriate for Council to seek legal advice about the mechanisms and process available to address these two issues.

ITEM 34 - REQUEST TO MODIFY CONDITIONS OF CONSENT - DA 2011/110 - SUBDIVISION OF LOT 2 DP 533199 MANDAGERY ROAD, MANDAGERY

REPORT IN BRIEF

Reason For Report	Reporting on request to modify development application conditions
Policy Implications	Variation sought to policy - development contributions
Budget Implications	Nil
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2011\03-2011-0110 - 300301

Recommendation

That the modification application 2011/110 for Lot 2 DP 533199, Mandagery Road, Mandagery be refused and the requirements of conditions 6, 7 and 8 be retained.

Director of Environmental Services' REPORT

The council at its meeting of 19 December 2011 requested a further report relating to the modification of DA 2011/110. The previous report to council outlined the matter as follows:

The subdivision seeks to divide the existing allotment into two lots – Lot 114 having an area of 124.1ha being vacant grazing land, and Lot 113 having an area of 250.9ha containing agricultural land and two existing dwellings.

Proposed Lot 114 does not have access to a formed road. It does have access to an unformed lane. Access to the allotment is not adequate in its current arrangement.

The developer is seeking to have waived standard conditions of consent requiring a s94 contribution towards bushfire equipment provision and a s94 contribution to road upgrading. Both contributions are generated by the creation of proposed lot 114. An offer of a reduced development contribution has been made.

The developer also seeks deletion of the standard access requirement that places the onus on the subdivider to provide an all-weather access road to service the newly created allotment. The subdivider argues that the 125ha allotment is to be acquired by a neighbour for the purpose of agriculture. However once the lot is legally created council has no control over its ownership and the lot can legally be sold to another party. Council has an obligation when considering a subdivision proposal to ensure safe and adequate vehicular access is provided to each allotment created.

Council staff has previously suggested to the proponents that the consolidation of the 125ha area of land with the adjoining neighbour’s holding would not attract the development contributions or the road access requirement. This suggestion has not been accommodated by the parties.

Council’s Environmental and Sustainability Committee has requested investigation of alternate options to address the issues. The following comments are provided to assist council in its consideration of the modification application:

1) Council must consider the provision of adequate and safe access to allotments created in accordance with the LEP. The conditions of consent have been applied in accordance with the LEP, DCP and Contributions Plans.

2) Council may consider a request to vary the contribution plans – however it should be noted that the contributions are applied consistently to all rural subdivisions. The contribution plans have been in force since 1993.

3) The s94 development contributions plans have been capped by the State Government to a maximum of $20,000 per allotment where a dwelling is permissible. The subdivision has gained a benefit of this decision with a $4,000 discount to the calculated contribution rate.

4) Contributions apply generally at the stage of subdivision. Conditions of consent should not be deferred and imposed upon a later occupier of the land. The committee has however raised the idea of a s88b restriction as to user being placed upon Lot 114 to prohibit the use of the land for any purpose other than agriculture. While this addresses the potential for the future development of the land for a dwelling it does not address the issue of adequate vehicular access to the lot.

5) Council cannot require proposed lot 114 to be held in conjunction with the neighbouring land, as the latter does not form part of the development application.

6) Council’s options are to require the retention of the three standard conditions of consent, to vary the development contributions applicable to this subdivision, to waive the full payment of the development contribution conditions and to accept the offer of $5,000, to consider the request to vary all three conditions.

Council requests identification of further options for consideration of the matter. With regard to the formed access provision it may be possible to require a formal legal agreement that enables the creation of the subdivision and the transfer of proposed Lot 114 to Mr & Mrs Dunn, whereby access to Lot 114 is via the Dunn’s adjacent holding, and requiring the Dunn’s to enter into a deed of covenant with council whereby in the event of a future sale of Lot 114 that they accept the responsibility for construction of road access to Lot 114. Such legal documentation should be at the cost of the developer/landowner and the wording of the document should be to the satisfaction of council’s solicitor.

Council is requested to consider the matters contained in the reports presented to council at the December 2011 meeting and the above comments when determining the modification application.

ITEM 35 - DRAFT POLICY - MEMORIALS AND MONUMENTS ON COUNCIL LAND

REPORT IN BRIEF

Reason For Report	Requesting Council consideration of a new policy
Policy Implications	New Policy to be adopted
Budget Implications	Nil
Annexures	1. Draft Policy - Memorials and Monuments on Council land
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY DOCUMENT - 300859

Recommendation

THAT Council adopt the Policy – Memorials and Monuments on Council land.

Director of Environmental Services' REPORT

Council at its May Ordinary meeting resolved:-

“THAT:

1. Council not approve Mr. Lear’s request and advise that the Molong Historical Society might be a suitable contact in regard to placement of a memorial plaque.

2. A policy and guidelines be developed in relation to memorial plaques in consultation with Historical Societies and other relevant groups.”

Following consultation with affected parties, a draft ‘Policy on Memorials and Monuments on Council land’ is attached for the Council’s adoption.

ITEM 36 - REQUEST FOR DONATION

REPORT IN BRIEF

Reason For Report	For the determination of Council
Policy Implications	Nil
Budget Implications	Requires contribution of funds from Council's s356 vote
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0042 - 300917

Recommendation

THAT Council donate an amount of $348.20 as an amount equivalent to the fees paid for Development Application 2012/42.

Director of Environmental Services' REPORT

Council is in receipt of a request for donation to refund a not for profit organisation an amount equivalent to the fees incurred in lodging a Development Application with Council.

In September 2011 Council received a Development Application for an amenities block and sign (DA 2012/42). The applicant was Manildra & District Improvement Association. The fees paid when submitting the Development Application totalled $1, 194.95, being $348.20 DA fee, $400 inspection fee, $38.00 Planning Reform fee and $121.75 Construction Fee, $207.00 Long Service Levy and $80.00 S68 Plumbing & Drainage Application.

Whilst Council has no specific policy which deals with such requests, it is understood that refunds to not for profit organisations have been granted in the past as donations under Council’s Section 356 discretionary fund.

Whilst Council staff time has been allocated to the assessment of this application, it would appear reasonable for Council to donate the equivalent of the Development Application fee which amounts to a total of $348.20.

ITEM 37 - Changing days of operation at Yeoval and Eugowra Tips

REPORT IN BRIEF

Reason For Report	To gain Council endorsement for the change of operating days for Yeoval and Eugowra Tips.
Policy Implications	Nil
Budget Implications	Potential cost savings
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\SERVICE PROVISION\WASTE DEPOT OR TIPS - 301023

Recommendation

THAT:

1. That Council’s Eugowra Tip be open on Tuesdays instead of Wednesdays as from 14 March 2012.

2. That the Yeoval Waste Transfer Station be open on Tuesdays instead of Wednesdays as from Easter 2012.

3. That the changes in hours of operation at the Eugowra and Yeoval waste depots be notified in the local media.

Director of Environmental Services' REPORT

As part of council’s commitment to the improvement of service delivery associated with council’s waste facilities it is proposed to adjust the opening days at the Eugowra and Yeoval tip sites to enable a more efficient allocation of staff resources.

Currently four of Council’s six waste disposal depots are open to the public on Sunday, and two, namely Yeoval and Eugowra, are open on Saturdays. All six tips are tips open on Wednesdays, but this makes it difficult to provide relief staffing if a Tip Attendant is ill or away.

It is proposed to alter the week day operation of the Eugowra and Yeoval sites to enable more efficient allocation of staff and to enable cost efficient introduction of portable data terminals for use in recording and issuing customer receipts. Consideration may also be given to closing the Yeoval facility mid week due to the low use of the site.

Eugowra Promotion and Progress Association were consulted regarding the proposal to alter the week day operation of the Eugowra tip. The association has indicated agreement to the change subject to adequate advance publicity.

Council wrote to the Yeoval Progress Association suggesting that the Yeoval Transfer Station be open only on Saturdays and that it be closed on Wednesdays. On average only 3 vehicles deliver waste into Yeoval transfer station, plus a similar number of vehicles bring in recyclables mid week.

A petition signed by 61 people has been received opposing the mid week closure suggestion. It is noted that the income from the Yeoval tip is proportionally less than that generated from council’s other waste facilities; however the staff wages are constant. Closure of the Yeoval facility mid week would have a wages saving of $6,700 per year. However, given the petition from the community it is suggested to retain the two day opening times at Yeoval – with Tuesday rather than Wednesday being the open day. This will enable staff to work between sites as needed. It is suggested that the use of the Yeoval site continue to be monitored and reviewed in 6 months time to determine its cost efficiency as a site open to the public two days per week.

ITEM 38 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300668

Recommendation

THAT:

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

2. The balance of the items be noted.

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.

ITEM 39 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

Reason For Report	To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting
Policy Implications	Consistent with Council's Meeting Practice Poilcy
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 300655

Recommendation

THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised where necessary.

Administration Manager's REPORT

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

ITEM 1 - QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

Reason For Report	In accordance with Clause 12.33 of Council'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
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\CODE OF CONDUCT - 298321

General Manager's REPORT

Clause 12.33 of Council’s 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 October 2011 to 31 December 2011.

In regard to complaints received during the subject period, I advise that nil complaints were received:

ITEM 2 - 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
Annexures	1. WBC February Council Report
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 300755

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 Corporate Systems Project

· Integrated Planning & Reporting

· Nomination for IPWEA Award

· Shared Services Project

· Destination 2036

· Focus for 2012

· Alliance recognised again

· Upcoming events

ITEM 3 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

Reason For Report	Information provided in relation to investment and rates
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Rates graph 31 January 2012 2. Investment Schedule December 2011 3. Investment Schedule January 2012
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING - 300913

Director of Finance and Corporate Services' REPORT

Statement of Investments.

The Statement of Investments to 31^st December 2011

The Statement of Investments to 31^st January 2012

Rate Collection Summary.

The Summary of rate collections to 31^st January 2012

ITEM 4 - CLEAN ENERGY FUTURE PLAN

REPORT IN BRIEF

Reason For Report	Advising on advise received from the Parliamentary Secretary for Climate Change and Energy Efficiency
Policy Implications	Yet to determined
Budget Implications	Yet to determined
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ENVIRONMENTAL MANAGEMENT\MONITORING\CLIMATE CHANGE - 301030

Director of Finance and Corporate Services' REPORT

Council has received correspondence from the Parliamentary Secretary for Climate Change and Energy Efficiency, advising of the Australian Government’s Clean Energy Future Plan and its implications and opportunities for Local Government, the correspondence indicates that the plan includes Income Tax support for workforce participation.

The tripling of the tax free threshold will free over 1 million individuals from having to file a tax return and also includes increases in pension allowances and benefits to those most affected by a carbon price.

It indicates that although Local Government has indicated broad support for the principle of reducing carbon pollution, concerns had been raised regarding possible financial impacts, particularly relating to coverage of land/fill facilities and energy costs.

In relations to land/fill facilities, the plan now only affects land/fills which produce in excess of 25,000 tonnes of carbon dioxide equivalent.

Correspondence indicates that as a general rule of thumb, a town with 20 thousand people could expect to generate over 25,000 tonnes of CO2 admissions. Although there are exceptions to this it would appear at this stage Council’s land/fills will not be affected by the Carbon Tax.

Although the correspondence seeks to provide reassurance to Councils, it does not provide any definative costs and for this reason Council has prepared a motion to the E-Division conference seeking quantification of cost to all Councils.

ITEM 5 - LOCAL INFRASTRUCTURE RENEWAL SCHEME

REPORT IN BRIEF

Reason For Report	Advising Council on recept of guidelines for the Local Infrastructure Renewal Scheme
Policy Implications	Nil
Budget Implications	Possible interest subsidy for infrastructure loans
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\CIRCULARS\DIVISION OF LOCAL GOVERNMENT - 301026

Director of Finance and Corporate Services' REPORT

A Circular has been received from the Division of Local Government, regarding Local Infrastructure Renewal Scheme guidelines. The guidelines have indicated that Councils wishing to participate in the first round should lodge a pre-notification of their intention by 10^th February 2012.

Accordingly Council has advised the Department its in intention to request consideration for Infrastructure back log funding and will await recept of an application form to assist Council.

It is understood that the application process would include the relevant asset management plan and long time financial plan developed as part of the Integrated Planning and Reporting process.

Application close on Friday 30^th March 2012, which should enable sufficient time for Council staff to develop an application and provide information for consideration by Council at its March 2012 Meeting prior to formal lodgement of an application should Council determinate to proceed.

ITEM 6 - 2012 LOCAL GOVERNMENT ELECTIONS

REPORT IN BRIEF

Reason For Report	To update Council on the conduct of the 2012 Local Government Elections
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\LOCAL GOVERNMENT ELECTIONS - 299864

Administration Manager's REPORT

Council has received advice from the NSW Electoral Commission (NSWEC) relating to the 2012 Local Government Elections (LGE).

General Preparations and Arrangements for the Elections

As you are aware, the Parliament passed legislation in June 2011 to provide councils with a choice of conducting their own elections or to select the NSWEC to conduct their elections.

Cabonne and another 134 councils of the 150 scheduled to hold elections have resolved that NSWEC conduct their elections. The deferment of the date (to 30 November 2011) to decide on whether councils wished the NSWEC to conduct their elections has put a number of their key preparations some three months behind schedule to where they would otherwise have been if the NSWEC had been conducting all council elections in 2012.

A number of NSWEC’s other key processes, such as consulting with councils, have also been compressed as a result of the delay in knowing how many councils require the Commission’s services.

As well as obtaining prices from suppliers, NSWEC will consult with councils regarding a range of other services including the number and location of polling places and pre-poll voting centres, the location of the Returning Officer’s office and other matters contained in a Service Level Document provided to council.

Last year, the Commission provided an indicative budget for the elections which will be used for councils’ budgeting purposes. As stated the NSWEC will be consulting with councils on services to be provided - all of these matters will feed into finalising and refining the budget estimate. It is the Commission’s intention to provide a budget update in late April or early May when all these cost drivers have been resolved with each council.

Council Liaison Officers

The Commission has appointed Council Liaison Officers for the purpose of working with councils on settling services.

The Council Liaison Officers should make it simpler for Council in dealing with the Commission where they have a single point of contact. Initial contact will be to discuss the location of the Returning Officer and whether Council can provide suitable office accommodation or whether the Commission needs to source it from a commercial supplier. It has been proposed that Cabonne and Orange will share a Regional Returning Officer – to be based in Orange.

Polling places and pre-poll voting locations will also be provided to Council for comment. It is important to keep in mind that the number of polling places and the number of pre-poll voting locations are key cost drivers for the conduct of the election. This, of course, has to be balanced up against providing appropriate services to voters. Where possible the Commission attempts to use the same venues that are used for State elections.

Candidate Information Seminars

The NSWEC and the Election Funding Authority (EFA) will hold a series of information seminars for candidates considering standing at the Local Government elections in September 2012. These seminars are being planned to be held in the months of May and July.

The seminars may also include a representative from the Division of Local Government to address the role and responsibility of a Local Government councillor.

More details will be provided to General Managers on the dates, timing and venues when they have been settled.

NSWEC plans to hold an initial round of seminars in May and then a further round of seminars in July. From their experience, holding Candidate Information Seminars too early in the process does not attract a significant number of interested potential candidates. The ideal timing is to hold the seminars much closer to when a person needs to make a decision as to whether or not they wish to stand as a Local Government candidate.

ITEM 7 - Resolutions Register - InfoCouncil - Outstanding Actions

REPORT IN BRIEF

Reason For Report	To provide Council with a report of outstanding actions resulting from May 2009 to last month's Council and Committee meetings.
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Council 2. Australia Day 3. Community Services 4. ED & T 5. Enviro Services 6. Land Development 7. Works
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 301053

Administration Manager's REPORT

InfoCouncil generated reports are provided including May 2009 to January 2012 Resolutions. These are annexed sorted by meeting i.e. Council, Community Services, etc.

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 8 - INTEGRATED PLANNING AND REPORTING

REPORT IN BRIEF

Reason For Report	To update Council on the progress of Integrated Planning and Reporting
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\My Workspace\General Manager\Economic Development and Tourism\EDM\Sharon\IP and R - 301035

Economic Development Manager's REPORT

Council staff continue to work on the requirements for Integrated Planning and Reporting.

An update on activities includes:

a. The draft Cabonne 2025 Community Strategic Plan has gone on public exhibition for a minimum 28 days.

b. Media releases were issued to notify the public.

c. The draft Cabonne 2025 Community Strategic Plan can be viewed on Council’s website and various locations throughout the Shire.

d. The draft Cabonne 2025 Community Strategic Plan is being graphically designed with a local business called Jamace Design in Eugowra.

e. The EDM has held meetings with all relevant staff members to prepare the strategies listed in the Delivery Plan (4 year plan) and Operation Plan (annually).These two plans integrate with the Cabonne 2025 Community Strategic Plan.

f. The Workforce Plan is being prepared by Council’s Human Resources Officer.

g. The Asset Management Plan is being prepared by various staff members in Department of Engineering and Technical Services.

h. The Long Term Financial Plan is being prepared by various staff members in Department of Finance and Corporate Services.

i. Groupworks will undertake “Lockdown” with Cabonne on 23^rd and 24^th February 2012. This workshop involves Council’s General Manager, Directors, Mayor and Economic Development Manager. The aim of lockdown is to review and integrate all plans.

j. The Community Engagement Strategy is being written by Groupworks and a workshop with approximately 10 community members will be held during the lockdown.

It was anticipated that the Cabonne 2025 Community Strategic Plan was to be included in the February 2012 Council Meeting papers seeking Council final approval and endorsement. This will now occur at the March 2012 Council meeting and will still fit with timeline requirements. This short delay is only minor.

The plans are due to be presented to the Division of Local Government by June 2012, with the Community Strategic Plan due in March 2012.

Councillors will continue to be updated on the activities of IP & R and a further report will be provided at the March 2012 Council meeting.

ITEM 9 - ALCOHOL FREE ZONES AND ALCOHOL PROHIBITED AREAS

REPORT IN BRIEF

Reason For Report	Amendments to NSW legislation effective 7 December 2010
Policy Implications	Alcohol Free Zones Policy
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAWS AND ENFORCEMENT\LICENSING\LIQUOR - 297993

Road and Traffic Assets Coordinator’S REPORT

Existing Alcohol Free Zones

Existing locations of Alcohol Free Zones in Cabonne are:

· CANOWINDRA – Gaskill St from Ferguson Street to Tilga Street.
Gaskill St is marked with signs on both sides that are in good condition.

· CANOWINDRA – area from Gaskill Street to and including the swinging bridge.
Signage is posted at the start of the laneway in Gaskill St and is in good condition. Signage locations are shown in the image.

· MOLONG – Bank Street from Edward Street to the Mitchell Highway.
Signage posted from Edward Street to the Mitchell Hwy and is in good condition. Signage locations are shown in the image.

Signage at each location states that “ALCOHOL FREE ZONE – Consumption of Alcohol Prohibited From 20/4/2010 to 20/4/2013”

Existing Alcohol Prohibited Areas

Existing locations of Alcohol Prohibited Areas (established under Section 632 of the Local Government Act) in Cabonne are:

· CANOWINDRA – Morris Park
Signs are in good condition and their locations are shown in the image.

· MOLONG – Village Green
Signs are in good condition and their locations are shown in the image.

Signage at each location states that “Notice under the provisions of section 632 of the Local Government Act, 1994, the consumption of alcohol on the village green is prohibited”

Legislation

Alcohol Free Zones are established under section 644 of the Local Government Act 1993, and can be established up to a period of 4 years. Alcohol may be seized and tipped out by a police officer or council enforcement officer in these zones.

Alcohol Prohibited Areas are established under section 632A of the Act (previously section 632), and can be established for all times, specific days, times or events, e.g. 6pm 31 December to 6am 1 January. They cannot be established in public roads, footpaths, carparks etc, these areas are dealt with in section 644. Existing notices established under section 632 will continue to apply under the amended legislation.

The amendments provide the power to Police and authorised council enforcement officers to confiscate and tip out alcohol in the possession of a person who is in an area where alcohol consumption is prohibited by a notice under section 632 (for existing Alcohol Prohibited Areas) and section 632A (for newly established Alcohol Prohibited Areas) of the Local Government Act 1993.

The effect of these amendments is to provide consistent enforcement powers for both Alcohol-Free Zones and Alcohol Prohibited Areas.

Section 632 and 632A notices

The Act now delineates between notices erected by a council which prohibit alcohol consumption in public places such as parks and beaches (section 632A) and other notices (under section 632) which prohibit other activities (e.g., skate boarding, dogs off leash). Under the changes, notices erected by councils prohibiting the consumption of alcohol will no longer be made under section 632 and instead will be made under section 632A (4).

ITEM 10 - POOL SUPERVISION POLICY

REPORT IN BRIEF

Reason For Report	Advising Council of progress on draft policy after discussion with council's insurer.
Policy Implications	New policy being prepared by Risk Manager
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COUNCIL POOLS - 300645

Urban Assets Coordinator's REPORT

Council at its November 2011 ordinary meeting reviewed the supervision requirements and classification of Council’s five community based swimming pools. Council resolved to amend the policy subject to confirmation from Council’s insurer.

Council’s Risk Manager accordingly contacted the insurer (State-wide) and received the following advice quoted below.

“…taking into the account the depth of the water bodies, as well as the fact that the guidelines regarding supervision are ‘guidelines’, Council is well within its rights to make its own determination on the management and supervision of these pools.”

“It is therefore recommended that you begin by conducting a risk assessment of the facilities to determine the type and severity of risks identified and from this develops a system to manage these risks in line with Council’s capabilities and financial constraints”

“… as part of your controls you may need to identify the level of supervision and skill required to be provided and ensure the personnel designated is suitably qualified and experienced to undertake this role.”

“…one of the issues Council has is whether it is necessary to have volunteers undergo the bronze medallion training and this is cost prohibitive given that they are volunteers and may change frequently. Council may wish to consider up-skilling one of their staff members already qualified with the bronze medallion and lifeguard training, to become a trainer for the volunteers.”

“Most importantly is the need for Council to conduct a risk assessment and from that develop formalised procedures for the management of the community pools.”

Based on this advice and in compliance with Council’s resolution to seek confirmation from Council’s insurer Council’s Risk Manager is now developing a revised pool supervision policy to be presented to Council for consideration in the near future.

ITEM 11 - COST OF RELOCATING THE GASOMETER GIRDER STRUCTURE

REPORT IN BRIEF

Reason For Report	To provide infirmation on costs involved in relocating the Girder structure.
Policy Implications	Nil
Budget Implications	To be funded from Environmental Trust Grant
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\MOLONG GASWORKS - 301024

Director of Environmental Services' REPORT

Further to item 35 of the Council meeting of 20 December, Council officers have estimated that it would cost $14,240 to dismantle and remove the girder structure of the old gasometer.

Costs include hire of crane and cherrypicker etc $8,800, plus $2,240 of Council’s labour.

These costs can be taken out of the $500,000 that has been provided by the Environmental Trust for the Gasworks Remediation Project, because it is site preparation works that need to be done before the pollution buried beneath this site can be tackled.

The dismantled pieces can be stored at Council’s depot for re-erection later at a site to be chosen (most likely the ARTC land near the railway station – this will be the subject of a separate submission to Council at a later date).

Removal of the old gasometer tank itself will be part of the Tender that is soon to go out, that will involve excavation of contaminated soil and disposal of it at either Council’s Cumnock or Manildra waste disposal depots.

ITEM 12 - MEDIAN PROCESING TIMES

REPORT IN BRIEF

Reason For Report	To provide information on Application Processing Times.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 300876

Director of Environmental Services' REPORT

Summary of median Application Processing Times over the last five years for the month of December:

YEAR	MEDIAN ACTUAL DAYS
2007	35
2008	36
2009	27
2010	28
2011	65

Summary of median Application Processing Times for 2011:

MONTH	MEDIAN ACTUAL DAYS
January	33
February	14
March	27
April	30
May	23
June	38
July	28
August	44
September	21
October	46
November	33
December	65

ITEM 13 - MEDIAN PROCESSING TIMES

REPORT IN BRIEF

Reason For Report	To provide information on Median Processing Times.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 300877

Director of Environmental Services' REPORT

Summary of median Application Processing Times over the last five years for the month of January:

YEAR	MEDIAN ACTUAL DAYS
2008	13
2009	38
2010	36
2011	33
2012	35

Summary of median Application Processing Times for 2012:

MONTH	MEDIAN ACTUAL DAYS
January	35
February
March
April
May
June
July
August
September
October
November
December

ITEM 14 - 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
Annexures	1. Development Applications Received - December
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 300879

Director of Environmental Services' REPORT

The following Development Applications have been received during the period 1/12/2011 to 31/12/2011 as detailed in the Annexure.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

TYPE	NUMBER	ESTIMATED VALUE
Dwelling	5	$ 2,350,000
Additions/Alterations	2	$ 310,000
Rural Shed	1	$ 48, 000
TOTAL	8	$ 2, 708, 000

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

TYPE	NUMBER	ESTIMATED VALUE
Additions/Alterations	1	$ 11,500
Swimming Pool	1	$ 10,000
Unknown	1	$ -----
*TOTAL*	3	*$ 21, 500*
*GRAND TOTAL*	11	*$ 2, 729, 500*

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2011/1001 & 2010/1002

ITEM 15 - 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
Annexures	1. Development Applications Received - January
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 300882

Director of Environmental Services' REPORT

The following Development Applications have been received during the period 1/01/2012 to 31/01/2012 as detailed in the Annexure.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

TYPE	NUMBER	ESTIMATED VALUE
Business Premises	1	$ 1, 200, 000
Dwelling	3	$ 916, 000
Storage/Workshop	1	$ 40, 850
Additions/Alterations	1	$ 35, 000
Storage Shed	2	$ 27, 326
Septic Tank/Trench	2	-----
Tourist Facility	1	-----
Unknown	1	-----
TOTAL	12	$ 2, 219, 176

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

TYPE

NUMBER

ESTIMATED VALUE

TOTAL

$ -----

GRAND TOTAL

$ 2, 219, 176

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2011/1001 & 2010/1002

ITEM 16 - 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
Annexures	1. Development Applications Approved - December
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 300904

Director of Environmental Services' REPORT

The following Development Applications have been approved during the period 1/12/2011 to 31/12/2011 as detailed in the Annexure.

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

TYPE	NUMBER	ESTIMATED VALUE
Sign	5	$ 60, 900
Alterations/Additions	2	$ 217, 000
Transportable/Relocatable House	1	$ 80, 000
Shade Structure	1	$ 20, 000
Subdivision	1	$ -----
TOTAL	10	$ 377, 900

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

TYPE	NUMBER	ESTIMATED VALUE
Swimming Pool	1	$ 45, 985
TOTAL	1	$ 45, 985

GRAND TOTAL

$ 423, 885

Previous Month

$ 1,852,345

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2010/1073 & 2010/1074

ITEM 17 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

Reason For Report	Details if Development Applications Approved during the preceding month.
Policy Implications	Nil
Budget Implications	Nil
Annexures	1. Development Application Approved - January
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 300907

Director of Environmental Services' REPORT

The following Development Applications have been approved during the period 1/01/2012 to 31/01/2012 as detailed in the Annexure.

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

TYPE	NUMBER	ESTIMATED VALUE
Workshop/Storage	2	$ 125, 850
Additions/Alterations	2	$ 59, 000
Toilet Block	1	$ 100, 000
Dwelling	2	$ 564, 000
Septic Tank	1	$ -----
Mechanical Workshop	1	$ -----
Tourist Facility	1	$ -----
TOTAL	10	$ 848, 850

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

TYPE	NUMBER	ESTIMATED VALUE
TOTAL	0	$ -----

GRAND TOTAL

$ 848, 850

Previous Month

$ 423, 885

*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2010/1073 & 2010/1074

ITEM 18 - BURIAL STATISTICS

REPORT IN BRIEF

Reason For Report	To provide information on burial statistics.
Policy Implications	Nil
Budget Implications	Nil
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING - BURIAL STATISTICS - 300910

Director of Environmental Services' REPORT

YEAR	NO OF BURIALS
2006/07	59
2007/08	62
2008/09	57
2009/10	65
2010/11	40
2011/12
July	4
August	9
September	3
October	4
November	4
December	1
January	4
Total	29

Version Date (Draft or Council Meeting date)	[20 February 2012]
Author	Senior Rates Clerk
Owner (Relevant director)	Director of Finance & Corporate Services
Status – Draft, Approved, Adopted by Council, Superseded or Withdrawn	Draft
Next Review Date	Within 12 months of Council being elected
Minute number (once adopted by Council)	Previous - 10/02/17

Title	Date Approved	Signature
Director of Finance & Corporate Services

Minute No.	Summary of Changes	New Version Date
09/02/20	Adopted by Council at February 2009 meeting	16 February 2009
10/02/17	Readopted by Council	15 February 2010

Version Date (Draft or Council Meeting date)	[February 2012]
Author	Director of Environmental Services
Owner (Relevant director)	Director of Environmental 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)	tba

Title	Date Approved	Signature
General Manager