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COUNCIL’S MISSION

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

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

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

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 19 March, 2012

Page 1

TABLE OF CONTENTS

 

 

 

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

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

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 6

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 6

ITEM 5      GROUPING OF REPORT ADOPTION.............................................. 7

ITEM 6      CONFIRMATION OF THE MINUTES................................................. 7

ITEM 7      ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 8

ITEM 8      COMMUNITY SERVICES COMMITTEE MEETING........................ 8

ITEM 9      ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................... 9

ITEM 10    WORKS COMMITTEE MEETING .................................................... 10

ITEM 11    RATE REVIEW COMMITTEE MEETING........................................ 10

ITEM 12    ROAD SAFETY OFFICER PROGRAM - EXTENSION OF FUNDING AGREEMENT WITH ROAD AND MARITIME SERVICES TO 30 JUNE 2013... 11

ITEM 13    ARTCRAFT AND ROAD MANAGEMENT SOLUTION FOR COUNCILS ROAD SIGNS.................................................................................................... 11

ITEM 14    RESOLUTIONS REGISTER ............................................................. 12

ITEM 15    INFRASTRUCTURE RENEWAL LOANS....................................... 13

ITEM 16    COMMITTEE MEETING TIMES........................................................ 14

ITEM 17    STREAMLINING COUNCIL MEETING PROCEDURES.............. 15

ITEM 18    COMPLAINT UNDER COUNCIL'S CODE OF CONDUCT.......... 17

ITEM 19    CUMNOCK AND YEOVAL SEWERAGE SCHEME ..................... 18

ITEM 20    HOUSING LOAN FINALISED AND DISCHARGE OF MORTGAGE FOR 4 STUART STREET, MOLONG............................................................................. 20

ITEM 21    INTEGRATED PLANNNING AND REPORTING........................... 21

ITEM 22    Draft policy for caravans and fixed (rigid) awnings  24

ITEM 23    MODIFICATION OF DA 2006/182, MOLONG INDUSTRIAL SUBDIVISION - JAMNEV HOLDINGS PTY LTD........................................................ 24

ITEM 24    Cabonne Cemeteries Policy................................................. 30

ITEM 25    DRAFT LOCAL ENVIRONMENTAL PLAN & DRAFT CABONNE SETTLEMENT STRATEGY........................................................................................... 30

ITEM 26    BUSINESS PAPER ITEMS FOR NOTING...................................... 38

ITEM 27    QUESTIONS FOR NEXT MEETING................................................ 39

Confidential Items

 

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

 

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

Procedural

ITEM 2      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 3      UNRECOVERABLE SUNDRY DEBTOR ACCOUNT

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

ITEM 4      UNRECOVERABLE SUNDRY DEBTOR ACCOUNT - 1.06927.7

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

ITEM 5      VOLUNTARY PLANNING AGREEMENT

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

ITEM 6      QUARRY REVIEW COMMITTEE MEETING MINUTES

Procedural

ITEM 7      YEOVAL STP - ACQUISITION OF LAND

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

ITEM 8      AQUISITION OF LAND FOR GAVIN'S LANE INTERSECTION REALIGNMENT

(f) matters affecting the security of the council, councillors, council staff or council property

ITEM 9      ACCESS TO LAND ON FREEMANTLE ROAD, GOWAN - WOOLNUT STATION

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

ITEM 10    Mullion Creek and Byng Waste and Recycling Trial Report

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

ITEM 11    STAFF PERFORMANCE APPRIASAL

(f) matters affecting the security of the council, councillors, council staff or council property   

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    February 20 2012 Ordinary Council minutes 40

ANNEXURE 6.2    February 20  2012 Extraordinary Council Minutes    58

ANNEXURE 7.1    March Economic Development and Tourism 62

ANNEXURE 8.1    March Community Services Committee Minutes  66

ANNEXURE 9.1    Environmental Services & Sustainability Committee Minutes - March 2012.................................................... 70

ANNEXURE 10.1  March Works Committee Minutes....................... 75

ANNEXURE 11.1  March Rate Review Committee Minutes........... 80

ANNEXURE 14.1  Council Resolutions March 2012........................ 83

ANNEXURE 14.2  Commmunity Services Resolutions March 2012   108

ANNEXURE 14.3  ED AND T Resolutions March 2012..................... 110

ANNEXURE 14.4  Environmental Services Resolutions March 2012      113

ANNEXURE 14.5  Land Development Resolutions March 2012 114

ANNEXURE 14.6  Works Resolutions March 2012......................... 117

ANNEXURE 18.1  Code of Conduct 19th Sep 2011........................... 125

ANNEXURE 22.1  Draft Policy for Caravans and Fixed (Rigid) Awnings       130

ANNEXURE 23.1  Applicant Submission............................................... 133

ANNEXURE 24.1  Cabonne Cemeteries Policy Updatetd March 2012      134

ANNEXURE 25.1  Letter from DPI re Intensive Ag MLS.............. 137 

 


 

 

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 - 303617

 

 

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 determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 303618

 

 

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 - 303620

 

 

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 - 303622

 

 

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 - 303623

 

 

Recommendation

 

THAT:

1.      Councillors call any items they wish to further consider

2.      That items 6 to 13 be moved and seconded

 

 

Director of Finance and Corporate Services' REPORT

 

Items 6 to 13 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.  February 20 2012 Ordinary Council minutes

2.  February 20  2012 Extraordinary Council Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 303624

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on Monday 20th  February 2012 and the Extraordinary Meeting held on Monday 20th February 2012 be adopted.

 

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.      Minutes of the Ordinary Council meeting held on Monday 20th February 2012

2.      Minutes of the Extraordinary meeting held on Monday 20th February 2012

 

 

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.  March Economic Development and Tourism    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 303627

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 5th March 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 5th March 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.  March Community Services Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 303628

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 5th March 2012 be adopted

 

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 5th March 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.  Environmental Services & Sustainability Committee Minutes - March 2012    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 303631

 

 

Recommendation

 

THAT the report and recommendations of the Environment Services and Sustainability Committee Meeting of Cabonne Council held on 5th March 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 5th March 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.  March Works Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 303630

 

 

Recommendation

 

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 5th March, 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 5th March, 2012.

 

 

ITEM 11 - RATE REVIEW COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Rate Review Committee recommendations

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  March Rate Review Committee Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 304439

 

 

Recommendation

 

THAT the report and recommendation of the Rate Review Committee meeting of Cabonne Council held on 5th March 2012 be adopted   

 

Director of Finance and Corporate Services' REPORT

 

Attached is the report of the Rate Review Committee Meeting of Cabonne Council held on 5th March 2012 for Council’s adoption.

 

 

ITEM 12 - ROAD SAFETY OFFICER PROGRAM - EXTENSION OF FUNDING AGREEMENT WITH ROAD AND MARITIME SERVICES TO 30 JUNE 2013.

REPORT IN BRIEF

 

Reason For Report

Existing Funding Agreement ceases on 30 June 2012

Policy Implications

Continuation of shared funding with RMS and Orange City Council.

Budget Implications

Continuation of existing funding level.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\ROAD SAFETY PROGRAM - 299884

 

 

Recommendation

 

THAT Council agree to the extension of the shared funding agreement for the Road Safety Officer Program with Road & Maritime Services (RMS) and Orange City Council up to the 30/06/2013

 

 

Asset Manager's REPORT

 

The current shared funding agreement expires on 30 June 2012.

 

The Minister for Roads and Ports has approved a 12 month extension of the program to 30 June 2013 during which the results of the RMS 2010/11 sample trial of a grant funding alternative strategy will be evaluated by an external consultant.

 

Local councils will be consulted about any suggested program changes beyond 30 June 2013.

 

The Cabonne / Orange RSO position is presently jointly funded by RMS 50% with Orange City Council and Cabonne sharing the remaining 50%. Council allocated $22,000 for the Road Safety Officer contribution in the current 2011/12 budget.

 

 

 

 

ITEM 13 - ARTCRAFT AND ROAD MANAGEMENT SOLUTION FOR COUNCILS ROAD SIGNS.

REPORT IN BRIEF

 

Reason For Report

Seeking seal authority for contract documents

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC - 304035

 

 

Recommendation

THAT Council authorise the affixing of the Common Seal to the contract documents for road signage with Artcraft and Road Management Solutions.

 

Operations Manager's REPORT

 

Council resolved at it’s October meeting to award its read signage contract to Artcraft and Road Management Solutions.

The contract documents have now been received by Council and require signing under seal.

 

 

ITEM 14 - RESOLUTIONS REGISTER

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on the Resolutions Register

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Council Resolutions March 2012

2.  Commmunity Services Resolutions March 2012

3.  ED AND T Resolutions March 2012

4.  Environmental Services Resolutions March 2012

5.  Land Development Resolutions March 2012

6.  Works Resolutions March 2012    

File Number

\OFFICIAL RECORDS LIBRARY\INFORMATION TECHNOLOGY\USER SUPPORT\INFOCOUNCIL - 304274

 

 

Recommendation

 

THAT Council note the good progress made in relation to the updating of the Resolutions Register.

 

Director of Finance and Corporate Services' REPORT

 

Council at its December Meeting resolved that a review be undertaken of the Resolutions Register at the March 2012 Meeting.

 

A copy of the current Resolutions Register is attached for Councillors’ information.

 

As can be seen from the annexure, the number of outstanding items has been substantially reduced with the following comments made in relation to the current register.

 

·           There are currently 115 items on the attached list

 

·           54 of these items have been completed and will be deleted from the list after the Council meeting

 

·           56 of the items on the list are from the last Council or Committee meeting.

 

·           Some further items have been completed since the list was printed for reporting purposes

 

Compulsory training was held for all staff involved in the Info Council process on 27th February and it is hoped that the benefits of this will be reflected in future  reports.

 

ITEM 15 - INFRASTRUCTURE RENEWAL LOANS

REPORT IN BRIEF

 

Reason For Report

Advising Council of notification of the availability of Local Infrastructure Renewal Loans and indicating that applications close on Friday 30th March 2012

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\LOCAL INFRASTRUCTURE RENEWAL SCHEME (LIRS) - 304285

 

 

Recommendation

 

THAT that Council lodge an application for a local Infrastructure Renewal Loan for the Four Town Sewerage Scheme. 

 

Director of Finance and Corporate Services' REPORT

 

Council at its February meeting received a report advising of notification of the availability of Local Infrastructure Renewal loans and an indication that applications close on Friday 30th March 2012.

 

Requirements for the Scheme include financial benchmarking assessments and completion of details on the application form, with applications providing for an interest rate subsidy of 4% to assist Councils with legitimate Infrastructure backlogs to cover the cost of borrowing.

 

The subsidy aims to provide an incentive to Council to make greater use of debt funding to accelerate investment in Infrastructure backlogs and augment funding options already available to Councils.

 

Council has previously considered a number of areas that would fall within the scheme guidelines, being Four Town Sewerage Scheme, potable water for Cumnock and Yeoval and Waste Management Initiatives. With the requirements of the Scheme, a number of hurdles must be identified, these being the inclusion of the project in Council’s long term Financial Plan, specific costs identified for the project, evidence that construction will commence within 12 months after the date of signing the agreement and pre-tender cost estimates.

 

Of the three projects identified above only the Four Towns Sewerage Scheme is sufficiently advanced at this stage to enable an application to be lodged.

 

For this reason is it recommended that Council lodge an application for Local Infrastructure Renewal funding for the Four Town Sewerage Scheme as such an application would benefit the Local Communities by reducing the likely final rate that would be charged for those Communities by a considerable amount of money.

 

For example, a $2,000,000 loan repaid over a 10year period would save Council $456,000, and therefore the ratepayers, $456,169 over the life of the loan.

 

 

ITEM 16 - COMMITTEE MEETING TIMES

REPORT IN BRIEF

 

Reason For Report

Review of the trial of amended meeting times

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COMMITTEE MEETINGS - 304282

 

 

Recommendation

 

THAT Council refer the consideration of Committee Meeting times to the incoming Council following the September 2012 elections

 

 

Director of Finance and Corporate Services' REPORT

 

Council at it October meeting resolved as follow:-

 

“THAT:

 

          1)   The starting time of regular meeting of Council continue as                                       9-30am with Council meetings held on the 3rd Monday of the                             Month.

 

          2)      On a 3 month trial basis Council Committee meetings be                                held from 5pm and continue to be held on the first Monday of                        the month”

 

Due to the Christmas break and no meetings being held in January, the trial could only be held for the December and February Committee meetings.

 

It was however found that with the Council requiring workshops to be held on various matters, Councillors have been required to come in earlier in the afternoon to enable the workshop to be held.

 

A previous trial of a 5pm starting time for Committee meetings is 2008/2009 was abandoned on the basis of additional costs, problems of timings with workshops and in addition further problems involving travelling after dark, after an extended work period and in particular on one occasion  one Councillor having been involved in an accident with a kangaroo while returning home from a Committee meeting.

 

 

 

 

ITEM 17 - STREAMLINING COUNCIL MEETING PROCEDURES

REPORT IN BRIEF

 

Reason For Report

Review of trial period

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 304283

 

 

Recommendation

 

THAT Council continue with the matters included in this report for the purposes of Streamlining Council meeting procedures.              

 

Director of Finance and Corporate Services' REPORT

 

Council at its July 2011 Meeting, considered a report in relation to Streamlining Council business papers and meeting procedures and resolved as follows:

 

“THAT Council trial the arrangements identified in the report for a 6 month period and that the matter be reported to Council’s March 2012 Council meeting”

 

In the report a number of options were outlined some of which have since been modified during the trial period, where problem areas had been identified.

 

·    Notation items are emailed to Council as soon as the business paper has been completed to enable Councillors to raise questions with the responsible Department Head or the General Manager for clarification and where a satisfactory answer has not been given, these matters are then raised at the ordinary meeting.

 

·    Grouping straight forward procedural motions to enable them to be moved en-mass, this has been modified where it has become apparent that Councillors did not wish specific items to be included in the grouping.

 

·    To reduce the number of reports to Council where information that is sought of interest to an individual Councillor, and it can be addressed in a straight forward manner such as an email or telephone conversation.

 

·    Limiting the number of invited speakers per Council meeting and adhering strictly to time provided to speakers.

 

·    Strict adherence to meeting procedure in Council’s Code of Meeting Practice by the Councillors and the Mayor.

 

·    A review of delegation on planning matters and procedural requirement in relation to the Environmental Services and Sustainability Committee

 

·    Where possible forwarding bulky Annexures to Councillors in advance to enable sufficient time to be read and if necessary followed up with the relevant staff member.

 

·    Emailing business papers to the Media

 

·    Altering the business paper format to enable the recommendation to     appear at the beginning of the report, rather than at the end.

 

It is considered that the changes made to the procedures have enhanced the procedures at Council meetings and reduced meeting times as a result.

 

 

ITEM 18 - COMPLAINT UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

To advise on Conduct Review findings regarding nine Councillors and the General Manager

Policy Implications

Nil

Budget Implications

$3,355.00

Annexures

1.  Code of Conduct 19th Sep 2011    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS\CODE OF CONDUCT - 304280

 

 

Recommendation

 

THAT Council determine the complaint, including any actions, if applicable, under Council’s Code of Conduct as a result of the findings.

 

Director of Finance and Corporate Services' REPORT

 

Council has adopted a Code of Conduct which provides all appropriate procedures and due process for complaints for alleged inappropriate behaviour or misconduct.

 

As a result of a complaint received from Councillor Duffy through his solicitor, against Councillors Dowling, Gosper, Durkin, Macsmith, Walker, Farr, Wilcox, Dean and Bleakley and also the General Manager, the matter was referred to Council’s sole Code of Conduct reviewer Ms Jennifer Conn following verbal advice from Council’s solicitor and the Division of Local Government.

 

The report from the Code of Conduct Reviewer, with her findings, is attached for the information of Council.

 

In relation to the complaint against the nine Councillors, Ms Conn has stated:

 

My finding is that Council did not breach the Code of Conduct as alleged by Cr Duffy due to the fact that misbehaviour is defined not only as a breach of the Code of Conduct but also in accordance with 440F(a) as "a contravention by the councillor of this Act or the regulations.

However, with a view to the principles of due process and the overarching purpose of any legislation enacted in NSW, I recommend the Censure motion passed at the Council meeting on 15 August 2012 be rescinded and the allegation of conflict of interest that gave rise to that censure motion should be investigated in accordance with Code of Conduct in order to afford Cr Duffy an opportunity to defend the allegation of conflict of interest”

In relation to the complaint against the General Manager, Ms Conn has stated:

 

 

“Due to my finding in Complaint 1, I find that the General Manager did not breach the Code of Conduct as the alleged misbehaviors was caught by clause a) of Section440 F and as such he has no obligation to deal with it accordance the Code of Conduct.”

The direct costs of investigating the alleged breach of the Code of Conduct by the sole reviewer amounted to $3,355.00. Under Council’s Code of Conduct the matter is one for Council to determine and the matter is now submitted for Council’s decision.

 

 

 

 

 

 

ITEM 19 - CUMNOCK AND YEOVAL SEWERAGE SCHEME

REPORT IN BRIEF

 

Reason For Report

Advising on correspondence received from Cumnock and District Progess Association

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\DESIGN AND CONSTRUCTION\FOUR TOWNS SEWERAGE SCHEME - 304399

 

 

Recommendation

 

THAT Council seek legal advice regarding options for rating in relation to the Cumnock and Yeoval Sewerage Schemes

 

Director of Finance and Corporate Services' REPORT

 

As Council would be aware, public meetings have been held by the Cumnock and Yeoval Communities regarding Sewerage Schemes in their villages.

 

Correspondence has been received from the Cumnock and District Progress Association, however at the time of writing correspondence has not been received from the Yeoval Progress Association.

 

The correspondence from the Cumnock and District Progress Association has indicated the at the public meeting, votes were held on relation to two matters the first being:

 

“Does Cumnock want the Sewerage Scheme to go ahead?”

 

With the vote resulting in 38 people for and 14 against.

 

A second vote was held in relation to:

 

“Would you like a letter written to Council requesting payments be ceased until completion of the project”

 

The result of the vote was 50 people in favour and 2 people against.

 

The Progress Association has indicated that the Community feel that having paid $500 p.a over the past 13 years, that payments should cease until such time as the Scheme has been completed and also that they have met the same level of commitment as the Cudal and Manildra Communities in relation to the prepayment rate and have not yet achieved a Sewerage Scheme but the other two Communities have.

 

Although the request is unusual, so are the circumstances where through a number of unforseen reasons extensive delays have been experienced. Should Council wish to consider the request a number of matters need to be taken into account.

 

The matter of ceasing a rate is a complicated legal matter and Council should seek legal advice before making a determination.

 

In seeking legal advice, Council could ask questions in relation to the possibility of reducing the rate a nominal figure, for example $10 per annum, for a period until the Scheme is completed, other options could include a levying of the rate and forwarding a rebate, however there are also areas that need to be addressed such as pensioner subsidies and Government rebates in relations to these.

 

It should also be noted that while Cumnock and Yeoval are on a special rate, once the Scheme is completed then the rate ceases and charges for the Scheme are issued when the Scheme is actually operational.

 

Difference between rates and charges then bring in a number of matters that have developed over many years of common law, in relation to which properties are liable, for which type of recovery. There matters also need to be addressed in the legal opinion.

 

 

ITEM 20 - HOUSING LOAN FINALISED AND DISCHARGE OF MORTGAGE FOR 4 STUART STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

Advising of the finalisation of Housing Loan and seeking authority to affix the Common Seal to the Discharge of Mortgage

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\LOANS - 304375

 

 

Recommendation

THAT:

1.    Council acknowledge the finalisation of the housing loan for 4 Stuart Street, Molong.

2.    Authorise for the Common Seal to be affixed to the Discharge of Mortgage.

 

Administration Officer's REPORT

 

The Mortgagee on the above property has recently finalised her housing loan and a letter of acknowledgement and congratulations was sent to her. 

 

Cabonne Council is now in the process of assisting with discharging the Mortgage and having the Certificate of Title transferred.

 

 

ITEM 21 - INTEGRATED PLANNNING AND REPORTING

REPORT IN BRIEF

 

Reason For Report

To endorse the Cabonne 2025 Community Strategic Plan and update Council on the overall progress of Integrated Planning and Reporting.

Policy Implications

As per the DLG requirements for Integrated Planning and Reporting.

Budget Implications

Budget Implications will be included in the Long Term Financial Plan, as part of the requirements for Integrated Planning and Reporting.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING - 304136

 

 

Recommendation

 

THAT

1.  Council adopts the Draft Cabonne 2025 Community Strategic Plan.

2.  Council submits a copy of the Plan to the NSW Department of Local Government by 30 March 2012.

 

Economic Development Manager's REPORT

 

As part of the Integrated Planning and Reporting Framework introduced by the Division of Local Government in 2009, a Community Strategic Plan (CSP) is a requirement.  The CSP is the overall planning document for Councils.  It has a minimum 10 year timeframe and encompasses a broad range of goals that will need input and support from a range of organisations and government agencies.  The CSP is supported by a Delivery Program (4 years), Resourcing Strategy (including Asset Management Plans, Long Term Financial Plan and Workforce Plan) and an Operational Plan (annual).  This is summarised in the diagram below:


 

Community Strategic Plan

10 years+

For the whole of the Shire not just Council

Needs a community engagement strategy

 

 

Vision

(what we want the Shire to be )

Values

(to guide future choices and behaviour)

Future directions

(groupings of similar work)

Delivery Program

(4 years)

Where Council has a role

Supported by:

Financial Plan

Asset Management Plan

Workforce Plan

 

Strategic Outcomes

CTW’s role

Provider, Regulator, Facilitator

Advocate

Strategic Outcomes

(Where Council has a role)

Operational Plan

Annual

 

 

Actions

Programs

Projects

Actions

Programs

Projects

Budget

Performance Measures

Performance Measures

Tasks

What

What and How

How

 

The draft Cabonne 2025 Community Strategic Plan (CSP) was developed from the outcomes of the community workshop held at the Cargo Community Centre in July 2011.

 

From the workshop, a vision and values statement by the Cabonne community for the Cabonne community was created:  The “Vision Statement” is:

 

What we want Cabonne Shire to be in 2025:

 

Passionate people

In a world we yearn for a more genuine life

Cabonne offers

a pace of living that is both relaxing and invigorating.

Those of us who live here are passionate about the place we call home

and others recognise this immediately.

It is an experience we are happy to share with others.

 

Thriving villages and caring communities

There is a thriving heartbeat to Cabonne.

The Social and economic life of our villages is vibrant;

our communities supportive and welcoming.

 

Respecting and sustaining our environment

We care for and respect our environment making sure

our rivers, waterways, soils, vegetation and air

are clean and healthy

for all living things.

 

With an agricultural heart

The heart of Cabonne is found in our beautiful and productive landscapes.

The land nurtures and sustains us

and at the same time provides the inspiration

for us to strive and reach our full potential.

 

The “Values Statement” is:

 

These are the values that will guide future choices and the way we work together as a community:

 

In all we do, we will:

 

Respect each other,

our community

and the environment in which we live

 

Have the courage and confidence to “have a go”

 

Balance today’s decisions

with the long-term future in mind

 

Be friendly, approachable and work together

 

Strive to do our very best

and take personal responsibility for our actions.

 

The Cabonne 2025 Community Strategic Plan consists of five (5) future directions, these include:

1.   Connect Cabonne to each other and the world

2.   Build business and generate employment

3.   Provide and develop community facilities

4.   Grow Cabonne’s culture and community

5.   Manage our natural resources

From this, a further 25 strategic outcomes are listed under the relevant future direction.  Like the future directions, the strategic outcomes were determined by the communities of Cabonne.

 

A copy of the Cabonne 2025 Community Strategic Plan has been emailed to Councillors for their review.

 

Council staff continue to work on further requirements for Integrated Planning and Reporting.  This includes the compilation of a Draft Delivery Program (with resourcing strategy) and Operational Plan. It is anticipated that these Draft Plans will be included in the April Council Meeting Business Papers for consideration. Both of these documents are required to be submitted to the NSW Division of Local Government by 30 June 2012.

 

ITEM 22 - Draft policy for caravans and fixed (rigid) awnings

REPORT IN BRIEF

 

Reason For Report

Requesting Council consideration adoption of a new policy

Policy Implications

New Policy to be adopted

Budget Implications

Nil

Annexures

1.  Draft Policy for Caravans and Fixed (Rigid) Awnings    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY DATABASE - 303742

 

 

Recommendation

 

THAT Council adopt the Policy for Caravans and Fixed (Rigid) Awnings.

 

Administration Manager's REPORT

 

At its 29th February 2012 meeting the Caravan Park Committee considered and resolved to recommend that Council adopt the draft Policy for Caravans and Fixed (Rigid) Awnings.

 

A copy is annexed for Council’s consideration.

 

 

ITEM 23 - MODIFICATION OF DA 2006/182, MOLONG INDUSTRIAL SUBDIVISION - JAMNEV HOLDINGS PTY LTD

REPORT IN BRIEF

 

Reason For Report

Request for modification to condition 6 of the approved consent

Policy Implications

NIL

Budget Implications

NIL

Annexures

1.  Applicant Submission    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2006\03-2006-0182 - 304032

 

 

Recommendation

 

THAT Modification to Development Application 2010/182 for Molong Industrial Estate, Lot 1 DP 725175, be refused and the conditions 5 and 6 be retained unaltered.

 

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

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

 

Political Disclosures

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

 

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

 

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

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

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

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the application to modify a development application submitted for a seven (7) lot industrial subdivision of land described as Lot 1 DP 725175, Molong.

 

The application has been referred to the Council for determination as the determination was originally made by Council and the requested modification seeks a variation of council’s previous policy.

 

Applicant: Jamnev Holdings Pty Ltd

Owner:      B Neville

Proposal:  Modification of conditions 5 and 6 of DA 2006/182 for a proposed subdivision of rural land to create seven (7) industrial allotments

Location:   Lot 1 DP 725175, Molong.

Zone:         1(a)  General Rural

 

THE PROPOSAL

Mr B Neville, as Managing Director of Jamnev Holdings Pty Ltd, has submitted a modification application relating to DA 2006/182. The applicant seeks review of conditions 5 and 6 of the development approval that was issued on 20 March 2008. The applicant’s submission is attached for the information of the council.

 

Condition 5 reads:

 

5.      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 un the context of the Cabonne Local Environmental Plan, 1991

 

Performance

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

(i)Lots 100, 101, 102, 103, 104, 105 and 106 have been approved under Clause 15 of the Cabonne Local Environmental Plan, 1991, for the purpose of light or rural industrial use.

 

Condition 6 reads:

 

              6. RIPARIAN ZONE

 

              Objective

 

To ensure the riparian zone of Moss Hollow Creek is enhanced and stabilised.

 

              Performance

 

A plan must be developed for approval by the NSW Office of Water and Council providing for the upgrading of the riparian zone of Moss Hollow Creek by way of planting, bank stabilisation, weed removal. The Plan must be implemented prior to the release of the Subdivision Certificate and maintained for a period of 12 months from the release of that Certificate. A surety of $10,000 is to be provided against the implementation and maintenance for that period. It will be refunded upon request at the expiry of 12 months upon an inspection demonstrating that the works have been satisfactorily completed and maintained.

 

With regard to condition 5 Mr Neville requests clarification of the existing dwelling located upon proposed lot 106. The condition of consent however identifies the purpose for which the subdivision has been approved ie for future use as light or rural industrial land.  The development application relates to the division of land only. A dwelling currently exists upon the land. The future use of the dwelling will be governed by the landuse regulations in force at the time of further development of the site. As such no clarification of the condition of consent is necessary. It is noted that the applicant in 2008 had lodged a separate development application with council seeking to relocate the existing dwelling within the proposed industrial estate. This development application was subsequently withdrawn prior to determination of the proposal.

 

The applicant seeks variation to condition 6 of the notice of approval by requesting removal of the $10,000 surety bond currently applicable to a 12 month maintenance period covering required landscaping, creek bank stabilisation and weed control. Financial hardship has been cited as the reason for the request based on the development of the land being over budget.

 

The applicant has noted that he is prepared to maintain the tree planting and that he has purchased a water tanker to service the recently planted perimeter/boundary landscaping.

 

Site Map

 

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted. As proposed subdivision layout is not altered by the proposed modification the proposal was not notified to adjoining land owners.

 

 

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

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 1(a) Rural by the Cabonne Local Environmental Plan 1991.  Subdivision of land is permissible within this zone, subject to Council’s development consent.

 

Objectives of the 1(a) zone

The proposed modification is not contrary to the aims of the LEP or the objectives of the 1(a) zone.  The development relates to and is consistent with the zone objective which seeks to, “promote the proper management and utilisation of resources by  encouraging the establishment of rural and related industries within the area to which this plan applies".

 

Clause 15 - Subdivision for other purposes in Zones Nos 1 (a) and 7 (c)

The proposed modification is not contrary to clause 15.

 

REGIONAL ENVIRONMENTAL PLANS

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat. There are no known sightings of koalas in the locality, or sources of koala habitat. The proposed modification does not impact upon the previous assessment of the development.

 

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

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

 

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

Development Control Plan No 5 – General Rural Zones applies to this development.

 

Clause 2.7.12 CONTROL OF NOXIOUS WEEDS

“Control of noxious weeds is vital for the protection of the Shires rural economy. Where land is proposed for development (especially subdivision) and significant noxious weed infestations exist, Council may impose conditions on any approval requiring control action or lodgement of bond to guarantee such action within a specified time frame”

 

The applicant has submitted a Riparian Zone Plan for the upgrading of the riparian zone of Moss Hollow Creek by way of planting, bank stabilisation, weed removal. The Plan has been approved by Council and implemented. It is noted that should noxious weed infestations exist or occur Council may issue a weed notice for the removal of the weeds.

 

The previous planning assessment report identified the need for the maintenance and improvement of the Moss Hollow Creek riparian zone including the obligation to ensure the development did not impact adversely upon adjoining properties and surrounding bores. To ensure adequate environmental action the condition of consent was imposed requiring  the riparian zone be improved and stabilised. Condition 6 provided the necessary controls to address these matters. The surety bond, which  forms a standard condition of development consent, enabled a control period for the establishment and maintenance of the approved works.

 

It is noted the surety bond was required to ensure not only the tree planting was established, but also that remediation works and weed control were maintained.

 

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

The proposal does not contravene the relevant provisions of the regulations.

 

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

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed modified development.

 

DEVELOPMENT CONTRIBUTIONS

No additional development contributions apply to the modified development.

 

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

The proposed modification was not advertised and no neighbour notification was conducted due to the nature of the reason for modification.

 

PUBLIC INTEREST s79C(1)(e)

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

 

SUMMARY

Condition 6 required the payment of a $10,000 surety bond to ensure the maintenance of required tree planting, creek restoration work and weed control. The maintenance period is for 12 months following completion of the work. The bond would be released at the conclusion of that time subject to the satisfactory maintenance of the works. This requirement enabled adequate resources to be available to ensure the work was carried out and maintained in accordance with the environmental requirements.

 

Removal of the surety bond condition reduces the council’s ability to ensure the works are carried out and maintained satisfactorily. The range of works to which the bond applied extends beyond the regular watering of trees.

 

The council may consider to:

(1) Refuse the request to modify condition 6 of DA 2006/182 by deleting the requirement for a 12 month surety bond of $10,000, or

(2) Support the request and vary condition 6 to delete the requirement of the bond.

It is suggested that the condition requiring the payment of the bond be retained to ensure the adequate environmental management of the Moss Hollow Creek riparian zone located within the subject land.

 

CONCLUSION

The proposed modification to Development Application 2006/182 is permissible with the consent of Council. The modified development complies with the relevant aims, objectives and provisions of the LEP.  A section 79C assessment of the development indicates that the modification is not supported in this instance due to the environmental factors relating to the management and control of the riparian zone affecting the subject land. 

 

 

ITEM 24 - Cabonne Cemeteries Policy

REPORT IN BRIEF

 

Reason For Report

Update of policy for Council's determination

Policy Implications

YES

Budget Implications

NIL

Annexures

1.  Cabonne Cemeteries Policy Updatetd March 2012    

File Number

\POLICY AND PROCEDURES DATABASE - 304147

 

 

Recommendation

 

THAT Council adopt the draft Cabonne Cemeteries Policy

 

Senior Environmental Services Officer REPORT

 

This report has been generated to revise the Council’s Cemeteries policy, to update the responsibilities of users of Cabonne Council’s cemeteries, and to recognise new management guidelines for Council’s Cemeteries.

 

The draft policy is annexed.

 

 

ITEM 25 - DRAFT LOCAL ENVIRONMENTAL PLAN & DRAFT CABONNE SETTLEMENT STRATEGY

REPORT IN BRIEF

 

Reason For Report

Report to seek approval to proposed amendments to the Draft Cabonne Local Environmental Plan and approval to publicly exhibit the Draft Cabonne Settlement Strategy.

Policy Implications

Determinations leading to public exhibition of Draft Local Environmental Plan addressing all development in Cabonne.

Budget Implications

Nil

Annexures

1.  Letter from DPI re Intensive Ag MLS    

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\CABONNE LEP REVIEW - 304347

 

 

Recommendation

 

THAT:

 

1.   Council to approve the Draft Cabonne Settlement Strategy (version dated March 2012) for the purposes of public exhibition.

2.   Council agree to amend the Draft Cabonne Local Environmental Plan relating to a minimum lot size for subdivision in the Borenore / Nashdale area in accordance with or Option Three (3) as set out in the Department of Planning & Infrastructure letter dated 7 March 2012.

3.   Council approve the other amendments to the Draft Cabonne Local Environmental Plan set out in this report that were recommended by the Department of Planning & Infrastructure.

4.   Council resubmit the Draft Cabonne Local Environmental Plan (as amended) to the Department of Planning & Infrastructure to seek a Section 65 Certificate for public exhibition of the plan.

 

 

Principal Strategic (WBC Alliance) Planner's  REPORT

 

Draft Settlement Strategy

The Draft Cabonne Settlement Strategy was provided to Councillors in early February 2012 for review and comment by 2 March 2012. Staff have reviewed the feedback and made changes in accordance with the summary below. The amended Draft Settlement Strategy (version dated March 2012) forms an attachment to this report (provided electronically). The recommendations of the Draft Settlement Strategy underpin the proposed outcomes in the Draft LEP.  Councillors are requested to approve the Draft Settlement Strategy (and the key amendments noted below) to be placed on public exhibition to seek community feedback. 

 

Draft Local Environmental Plan

Following Council meetings in August and October 2011 and the required amendments to the documents the Draft Cabonne Local Environmental Plan (‘Draft LEP’) was forwarded to the Department for consideration in late 2011.  Council staff have been negotiating with the Department of Planning & Infrastructure (‘Department’) throughout January and February to gain agreement to the public exhibition of the document and this has resulted in a number of amendments that are summarised below.  Most of the issues have now been addressed and it is anticipated that a Section 65 Certificate will be issued either in late March or early April 2012. 

 

Key Changes in the Draft Settlement Strategy & Draft LEP

In seeking a Section 65 Certificate from the Department for the Draft LEP there have been some changes recommended by the Department and supported by additional strategic review as follows:

 

1.   Molong Light Industry (South West)

There is a strong need to identify suitable lands for employment generation and light industry in and around Molong. The Department has reviewed the strategy for industrial lands in Molong and has raised the concern that there are several pockets proposed for light industrial uses along Wellington, George and Riddell streets including the Davimac site, church site, the gelato factory and Council’s depot.  They did not support a ‘fragmented’ approach to light industrial zoning.

 

 

The Department has recommended that the adjacent residential lots to the west of George Street, south of Riddell Street and north of Wellington Street should be included in the light industrial zone as it would protect existing and proposed industrial uses and allows for some longer term industrial expansion in areas that would be possibly impacted by industrial activity anyway.  The existing dwellings would have ‘existing use rights’ and would continue their residential use.

 

This change is supported on the basis that there is a high demand for suitable flat land for light industry / employment and the lots in question are under-utilised and immediately adjacent to existing/proposed industrial uses. The location provides opportunities for reasonable industrial ‘buffers’ to adjacent dwellings outside the proposed industrial area and this is one of the last areas available in the town area of Molong for light industrial activities that is not compromised by residential growth. The area has also been highlighted for industrial uses in a number of draft land use strategies since the 1990s.  

 

In the Draft Settlement Strategy (dated December 2011) the residential lots in question were shown as ‘future investigation for industrial uses’ to promote a transition to industrial zoning. The amended proposal to include them in a light industrial zone in the Draft LEP is consistent with previous discussions and provides more certainty to those residential owners as to the intended character of the area.  If feedback during the public exhibition period makes this position untenable then there is the opportunity of restoring the residential zone in these areas prior to commencement of the new LEP.

 

2.   Molong Light Industry (GrainCorp Sites)

The Department has also identified that the GrainCorp sites to the east of Watson Street/ Mitchell Highway are best suited to a light industrial zone. 

 

 

In the Draft LEP (August 2011) the grain silos site was included in a light industrial zone but the site to the east of the railway line and west of Molong Creek was shown in a residential zone.  It is recommended that the eastern site is included in a light industrial zone because the site is adjacent to the rail line, the majority of the site is outside the flood prone area, is a single large site that would favour industrial development, and it is isolated from other residential areas.  Whilst some further investigations may be needed to look at traffic issues this does not preclude a light industrial zoning.

 

3.   Eugowra Light Industry

For similar reasons to those noted above in Molong, the Department has recommended against the creation of pockets of village/residential zoned land in close proximity to the proposed light industrial area to the south of Eugowra along Nanima Street (south of the railway line). 

 

Whilst the village zone was proposed for existing dwellings south of the railway line in the Draft LEP, the Department has suggested that ‘existing use rights’ would protect these existing dwellings whilst clearly defining the area for industrial uses. Buffer zones to the industrial areas are likely to encompass the existing residences (and most of these dwellings appear to have been built after the industrial uses were already present) so arguments about industrial impacts on residential amenity are lessened.

 

It would appear that the Eugowra community is supportive of efforts to promote employment and light industrial opportunities in the village. This provides the opportunity to create a clear light industrial area where there are under-utilised lots to allow potential industrial expansion – separated from the core village area by the railway line and in a location that will minimise impacts on new dwellings. This supports the recommendations of the Department and suggests that all areas south of the railway line (within the original Village Zone) are placed in a light industrial zone.

 

Existing Industrial Zone

 

Additional Industrial Zone

 

Existing Industrial Zone

 

Existing Industrial Zone

 

Existing Industrial Zone

 

Additional Industrial Zone

 

 

4.   Manildra Industrial Area

The Draft Settlement Strategy (dated December 2011) incorrectly included maps showing that the proposed general industrial area to the south of the rail line only extended to the east of Boree Street and did not include the Rural Small Holdings area to the west of Boree Street. This is inconsistent with previous Council workshops where it was agreed to extend the industrial area all the way across to Windeyer Street.  The maps and text in the Draft Settlement Strategy have been amended to reflect this previous decision of Council.  This is now consistent with the zoning in the Draft LEP.

 

5.   Rural Minimum Lot Size

In October 2011 Council made a resolution in Item 29 that approved the Draft LEP for public exhibition but point 9 of that resolution stated:

a)   Amend the Draft Plan to incorporate minimum lot size mapping and provisions to retain the existing intensive agriculture subdivision principles for 10ha lots in the RU1 zone and 20ha lots in the RU2.

b)   Should this amendment be unsuccessful then Council pursue 25ha minimum lot sizes for Nashdale & Borenore areas (part Section A) as per the Rural and Industrial Land Use Strategy.

c)   Council agree to adopt 100ha lot size subdivision standard for dwelling entitlements for general rural subdivision across the shire.

 

The Department has reviewed the resolution of Council and the Draft LEP that sought to implement this resolution and made have provided a letter dated 7 March 2012 (see attachment) on this issue that can be summarised as follows:

 

·    Option 1:  If Council chooses to retain a clause retaining the existing intensive agriculture subdivision principles for 10ha lots in Zone RU1 and 20ha lots in Zone RU2 then this is currently inconsistent with the Standard Instrument LEP and the clause will be removed prior to endorsement for public exhibition.  In effect this will create a minimum lot size (‘MLS’) for subdivision that includes a dwelling of 100 hectares in Zone RU1 or Zone RU2.  (Note that the Department has stated that they are currently considering preparation of a new model clause for a reduced MLS for intensive agriculture/intensive plant agriculture/subdivision and a dwelling.  However, should such a clause be prepared it is unlikely to be available for inclusion in the Draft LEP within the timeframes to go on public exhibition in April/May/June 2012.)

·    Option 2:  If Council chooses to map the part of Sector A in Borenore and Nashdale with a minimum lot size (‘MLS’) of 25 hectares in accordance with the Strategy then Council will need to justify this proposal against the Ministerial Section 117 Directions and State Environmental Planning Policies and why only part of from the Strategy is being adopted (as opposed to the higher lot sizes recommended to the west of Cabonne).  The Department will review this submission and make a determination (there are no guarantees that it will be accepted) but it is likely to delay the provision of a Section 65 Certificate. 

·    Option 3: If Council chooses to adopt a minimum lot size of 100 hectares for Zone RU1 and Zone RU2 then there is a greater certainty that the Department can provide a Section 65 Certificate in a short time period.  As stated above, the Department will look into creating an intensive plant agriculture subdivision / dwelling clause in the future and/or an amended minimum lot size could be mapped as part of a future planning proposal to amend the Local Environmental Plan.

 

As Option 1 is not acceptable to the Department, Council needs to reconsider Option 2 or Option 3.  Option 2 is in accordance with the resolution of Council dated October 2011.  However, it may require later amendments to the planning instrument by way of a planning proposal to subsequently introduce a new intensive agriculture clause preclude looking at Option 1 in the future.

 

6.   Local Karst Provision

The Department has raised a number of challenges to publicly exhibiting two different versions of the clause relating to the impact of karst on development and vice versa.  The Department states that they only support the version that looks at risks of subsidence on buildings and impacts of development on water.  It is recommended that the more expansive karst clause is removed prior to exhibition and the Department approved version is utilised.

 

7.   Aims & Objectives of Draft LEP

The Department has expressed some concerns that the original aims of the Draft LEP, the objectives of some of the zones, and the objectives of some provision were difficult to enforce because they used subjective terminology.  Minor amendments have been made to address the concerns of the Department without removing the original intent relevant to interpreting the Draft LEP and its Zones.

 

8.   Land Use Permissibility

The Department has made the following recommendations relating to land use permissibility and the Draft LEP has been amended as follows:

·    Zone RU1 Primary Production:

o ‘Industrial retail outlets’ to be prohibited on basis that large-scale retail functions are not suited to a rural zone.  Some level of retail may be permitted as ancillary to rural industry or may be classified as ‘roadside stalls’ or ‘home businesses’;

o ‘Light industries’ to be prohibited on basis that they are inconsistent with a rural zone and should be located in industrial areas;

o Whilst the Department has asked that ‘restaurants and cafes’ are prohibited, staff have argued that they have been approved for public exhibition in this zone in other local government areas and they should be permissible with consent.

·    Zone RU2 Rural Landscape:

o ‘Agricultural produce industry’ was included in the land use matrix as permitted with consent but did not appear in the land use table in the Draft LEP – so this has been corrected;

o ‘Neighbourhood shops’ to be prohibited on basis that retail functions are not suited to a rural zone.  Strategic review suggests that existing shops such as the Borenore Store will be protected by existing use rights;

o Whilst the Department has asked that ‘industrial retail outlets’ be prohibited, staff have argued that some retail functions ancillary to rural industry (such as Hillside Orchard) are important to our core orcharding areas and this should be permissible with consent. 

·    Zone R1 General Residential:

o ‘Garden centres’ to be prohibited on basis that it could allow large scale retail businesses like ‘Bunnings’ to occur in residential areas.  Garden Centre such as the former Molong based Garden Centre would be considered as ‘home business’

·    Zone R5 Large Lot Residential:

o ‘Exhibition homes’ to be prohibited on basis that retail function not suited to rural residential areas. Clause .28 – Temporary Use of Land may cover this circumstance for up to 52 days per year.

o ‘Roadside stalls’ to be prohibited on basis that retail function not suited to rural residential areas.  ‘Home business’ definition may provide sufficient flexibility.

·    Zone B2 Local Centre:

o ‘Exhibition homes’ to be prohibited on basis that retail function not suited to rural residential areas. Clause .28 – Temporary Use of Land may cover this circumstance for up to 52 days per year.

 

9.   Additional Permitted Use

There is one parcel of land that has been identified at 2585 Cargo Road, Cargo that would be permitted a dwelling application even though the lot size does not meet the 100 hectare rule in the Draft LEP.  The Department has suggested that a ‘sunset clause’ is added that would remove this additional permitted use in a period of five (5) years from the commencement of the Draft LEP.  This would allow sufficient time for the owner to apply to protect that entitlement by seeking a development approval but would not allow the additional permitted use to remain for the life of the new LEP.

 

10. Minor Changes

There have been minor wording changes and grammar updates to improve the readability and recommendations of the Draft Settlement Strategy but the recommended outcomes effectively remain as shown to Council in the Draft LEP or as amended above.  Note that as we have not received a Section 65 Certificate in 2011 – the Department has requested that the name of the Draft LEP is changed to the year 2012 (and on all mapping and references).

 

 

 

ITEM 26 - 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\PROCEDURES - 303626

 

 

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 27 - 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 - 303632

 

 

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 6 Ordinary Meeting 19 March 2012

Item 6 - Annexure 1

 



















Item 6 Ordinary Meeting 19 March 2012

Item 6 - Annexure 2

 





Item 7 Ordinary Meeting 19 March 2012

Item 7 - Annexure 1

 





Item 8 Ordinary Meeting 19 March 2012

Item 8 - Annexure 1

 





Item 9 Ordinary Meeting 19 March 2012

Item 9 - Annexure 1

 






Item 10 Ordinary Meeting 19 March 2012

Item 10 - Annexure 1

 






Item 11 Ordinary Meeting 19 March 2012

Item 11 - Annexure 1

 




Item 14 Ordinary Meeting 19 March 2012

Item 14 - Annexure 1

 


























Item 14 Ordinary Meeting 19 March 2012

Item 14 - Annexure 2

 



Item 14 Ordinary Meeting 19 March 2012

Item 14 - Annexure 3

 




Item 14 Ordinary Meeting 19 March 2012

Item 14 - Annexure 4

 


Item 14 Ordinary Meeting 19 March 2012

Item 14 - Annexure 5

 




Item 14 Ordinary Meeting 19 March 2012

Item 14 - Annexure 6

 









Item 18 Ordinary Meeting 19 March 2012

Item 18 - Annexure 1

 

GRAHAM & WARD SOLICITORS
Incorporated under the Legal Profession Act 1987

ACN 153 943 965

 

Liability limited by a scheme approved under Professional Standards Legislation

 

Principal: Jennifer Rae Conn

 

16 SWIFT STREET                                                                                                                    
 WELLINGTON NSW 2820
DX 20202
Telephone: (02) 6845 2055
Fax: (02) 6845 3338

Our Ref: JRC

 

Your Ref:

 

Dear Stephen

 

re:  Code of Conduct Complaint by Clr Duffy vs. Clrs Gosper, Dowling ,Durkin, MacSmith, Walker, Farr, Wilcox, Dean and Bleakley ( “Complaint 1”)

and Code of Conduct Complaint by Cr Duffy vs. General Manager G. Fleming (“Complaint 2”)

 

Report by Sole Code of Conduct Reviewer Jennifer Conn

24 February 2012

 

BACKGROUND

The circumstances surrounding the Complaints are as follows:-

1. The Complaints were made in writing by Cr Duffy’s legal representative Thompson Madden Solicitors to the Cabonne Council on the 19th of September 2012. The Complaints meet the requirements of Part 3 of the Code of Conduct Policy adopted by Cabonne Council.

2. Complaint 1 was referred to the Reviewer by Stephen Harding on the 20 September 2012.

3. Complaint 2 was referred to the Reviewer by Mayor Bob Dowling on the 20th of September.

4. The reviewer wrote to Stephen Harding and advised that in her view the Complaints were not of a frivolous nature and that a review would be undertaken.

5. All parties to the Complaint were advised that the Reviewer would be undertaking an investigation into the Complaints.

6. Cr Duffy met with the Reviewer on 12 November 2011 at Orange in order to clarify his complaint.

7. The reviewer confirmed with the subjects of the complaint that the Cr Duffy stood by his original complaint.

8. The Councillors, the Mayor and the General Manager named in the complaints were afforded the opportunity to defend themselves against the complaint and participated in the investigation of the complaint.

The Complaints

Complaint 1 contained the following allegation that may give rise to a breach of the Code of Conduct:-

1. The Council moved and carried a motion at a Cabonne Council meeting on the 18th of July 2011 to censure Cr Duffy for a perceived conflict of interest. Cr Duffy asserts that this is breach of Sections 11.9 and 12.25 of the Code of Conduct which state:

11.9 Councillors should not make allegations of suspected breaches of the Code of Conduct at Council meetings or in other Public forums in accordance with of the Code.”

12.25 Where the council finds that a Councillor or the General Manager has breached the Code, it may decide by resolution to a) Censure the Councillor for misbehavior in accordance with section 440G of the Act. “

 Complaint 2

1. Cr Duffy alleges that the General Manager breached the Code of Conduct by allowing the notice of motion to proceed and not assessing it as a Code of Conduct matter in breach of section 12.8 and section 13.1 which state:-

12.8 The General Manager is responsible for assessing complaints , made under section 11.1 alleging breaches of the Code of Conduct by Councillors, in accordance with the assessment criteria provided at Section of this Code, in order to determine whether to refer the matter to the conduct review committee/reviewer.

13.1 The general Manager or Mayor , in the case of a complaint about the General Manager, will assess a complaint alleging a breach of the code of conduct to determine if the matter should be referred to in the Conduct review Committee/reviewer.

 

 

Finding

COMPLAINT 1

1. Sections 440F and 440G of the Local Government Act 1993 deal with censure motions and state the following:-

440F Definitions

(1) In this Division: 
"misbehaviour" of a councillor means any of the following:

(a) a contravention by the councillor of this Act or the regulations,

(b) a failure by the councillor to comply with an applicable requirement of a code of conduct as required under section 440 (5),

(c) an act of disorder committed by the councillor at a meeting of the council or a committee of the council,

but does not include a contravention of the disclosure requirements of Part 2.

Note: A contravention of the disclosure requirements of Part 2 is dealt with under other provisions of this Chapter.

(2) A reference in this Division to "misbehaviour" or an "incident of misbehaviour" includes a reference to misbehaviour that consists of an omission or failure to do something.

440G Formal censure of councillor for misbehaviour

(1) A council may by resolution at a meeting formally censure a councillor for misbehaviour.

(2) A formal censure resolution may not be passed except by a motion to that effect of which notice has been duly given in accordance with regulations made under section 360 and, if applicable, the council’s code of meeting practice.

(3) A council may pass a formal censure resolution only if it is satisfied that the councillor has misbehaved on one or more occasions.

(4) The council must specify in the formal censure resolution the grounds on which it is satisfied that the councillor should be censured.

(5) A motion for a formal censure resolution may, without limitation, be moved on the report of a committee of the council and any such report must be recorded in the minutes of the meeting of the council.

2. The legislation clearly allows for a censure motion to be passed by the Council for misbehaviour on the part of a Councillor. This can be done inside or outside of the Code of Conduct.

3 In the event that Council relied on clause a) of 440 F to define misbehaviour on the part of Cr Duffy, 440G then places the onus on the Council to identify the misbehaviour and to account for their decision in some way. This could have been done by way of investigation, report or other finding.

4. The wording of Section (3) of 440Fconfirms this and states that “ A council may pass a formal censure resolution only if it is satisfied that the councillor has misbehaved on one or more occasions.” The use of the word satisfied suggests that the Council must be certain that Councillor Duffy’s conduct constituted a breach of the Local Government Act before passing the censure motion.

5. Clause (4) of Section 440G states that “The council must specify in the formal censure resolution the grounds on which it is satisfied that the councillor should be censured.” This clause reiterates the need to be satisfied that the conduct alleged was in breach of the Act. Council must be satisfied in some way that the Conduct of Cr Duffy was a conflict of interest.

6. The resolution that was passed against Councillor Duffy reads,” That due to Councillor Duffy not resigning as requested at the July Council meeting for not appearing to be representing the interests of Cabonne ratepayers as a whole and having a clear Conflict of Interest Council censure Councillor Kevin Duffy for apparently not fulfilling his role as an elected person to represent the interest of the residents and ratepayers.”

7. The motion is not clear. It states unequivocally that the motion was moved against Cr Duffy for “apparently not fulfilling his role as an elected person.” Clearly it is not apparent to just anyone that Cr Duffy was not fulfilling his role as an elected person. There is no evidence that it was apparent.

6. No report was moved in relation to the censure motion. As far as I am aware no formal investigation was undertaken into the conduct of Cr Duffy.

7. The Local Government Act allows Councils a wide scope to censure Councillors for misbehaviour but it does not absolve the Council of their responsibility to act fairly and to afford the principles of justice and due process to Councillors whose conduct is called into question.

8. My finding is that Council did not breach the Code of Conduct as alleged by Cr Duffy due to the fact that misbehaviour is defined not only as a breach of the Code of Conduct but also in accordance with 440F(a) as "a contravention by the councillor of this Act or the regulations,"

However, with a view to the principles of due process and the overarching purpose of any legislation enacted in NSW, I recommend the Censure motion passed at the Council meeting on 15 August 2012 be rescinded and the allegation of conflict of interest that gave rise to that censure motion should be investigated in accordance with Code of Conduct in order to afford Cr Duffy an opportunity to defend the allegation of conflict of interest.

 

Complaint 2

1. Due to my finding in Complaint 1, I find that the General Manager did not breach the Code of Conduct as the alleged misbehaviour was caught by clause a) of Section440 F and as such he had no obligation to deal with it in accordance the Code of Conduct.

 

Jennifer Conn

 


Item 22 Ordinary Meeting 19 March 2012

Item 22 - Annexure 1

 

DRAFT Policy for Caravans and
Fixed (Rigid) Awnings

1 Document Information

Version Date
(Draft or Council Meeting date)

[March 2012]

Author

Urban Assets Coordinator

Owner

(Relevant director)

Director Engineering and Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

TBA

2 Summary

To ensure that caravans and fixed (rigid) awnings in Council caravan parks comply with appropriate legislation.

Approvals

Title

Date Approved

Signature

Director Engineering and Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

 

New policy

 

 


 

4 Reason

To ensure legislation is complied with to safeguard residents and visitors to the caravan parks.

5 Scope

Applies to all Council caravan parks, in particular permanent and long term caravan park residents.

6 Associated Legislation

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation, 2005.

7 Definitions

Fixed (Rigid) caravan awning – a rigid awning attached to a caravan that cannot be readily disassembled or removed.

8 Responsibilities

8.1 GM

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

8.2 Directors and Managers

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

8.3 Urban Assets Coordinator

Has responsibility to advise applicants of Council resolution in regard to permanent and long term tenancy and prepare lease agreement.

8.4 Caravan Park Committee

The committee must assess applications received for permanent and long term residency and make recommendations to Council.

8.5 Intended Permanent and Long Term Residents

Prospective permanent and long term tenants must provide evidence with their application to Council, i.e. compliance plates or structural engineer’s certificate that the caravan and fixed (rigid) awning comply with appropriate legislation and standards. 

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Caravans and fixed (rigid) awnings in Council caravan parks must comply with relevant legislation.  Prospective permanent and long term tenants must apply to Council in writing providing evidence that the caravan and fixed (rigid) awning comply with appropriate legislation prior to consideration by Council. 

Reference is made to the Regulation, in particular, but not limited to, the following clauses:

Division 5             Caravans, tents and annexes

Subdivision 2       Annexes

166                      Structural soundness

167                      Design gust wind speed

170                      Installation of rigid annexe

 

Subdivision 3       General

171                      Wind resistances

172                      Compliance plates to be attached 

 


Item 23 Ordinary Meeting 19 March 2012

Item 23 - Annexure 1

 


Item 24 Ordinary Meeting 19 March 2012

Item 24 - Annexure 1

 

Cabonne Cemeteries Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

March 2012

Author

Senior Environmental Services Officer

Owner

(Relevant director)

Director of Environmental Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

The Cabonne Cemeteries Policy outlines the Council’s role and responsibilities, and that of other users of Council’s cemeteries, in relation to the use, upgrade and maintenance of all cemeteries in the Cabonne Local Government Area.

Approvals

Title

Date Approved

Signature

Director of Environmental Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

05/12/06

Referred to Cathy Bowden (DES PA) For review – 02/11/06

 

 

Revision of previous Policy document (05/12/06)

March 2010

10/03/19

Adopted by Council

15 March 2010

 


 

4 Reason

Cabonne Council currently has 11 working cemeteries, and a number of non-operational cemeteries for which Council has a responsibility to maintain.

This policy indicates Council’s willingness to provide maintenance and administration to cemetery facilities throughout the Local Government Area.

This policy also details expectations of others operating at Council cemeteries such as Crematoriums, Funeral Directors, Grave Diggers and other contractors.

5 Scope

This policy at all times encompasses:

-     All cemeteries in the Cabonne Local Government Area;

-     Staff employed for the maintenance, administration and supervision of Cabonne’s cemeteries;

-     Crematoriums, Funeral Directors, Grave Diggers and other contractors which operate in Cabonne Council’s Cemeteries

-     Cabonne residents, ratepayers and visitors to the Cabonne Local Government Area.

6 Associated Legislation

Crown Lands Act 1989

Local Government Act 1993

Public Health Act 1991

Environmental Planning and Assessment Act 1979

Heritage Act 1977

Australian Heritage Commission Act 1975

7 Definitions

8 Responsibilities

8.1 GM

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

8.2 Directors and Managers

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

8.3 Supervisors

To ensure that the Cemetery Maintenance Officers and administrational staff have the training, support and equipment required to carry out maintenance and management of this policy.

8.4 Employees

Cemetery Maintenance personnel must implement procedures associated with this policy.

8.5 Crematoriums, Funeral Directors, Grave Diggers and other contractors

Crematoriums, Funeral Directors, Grave Diggers and other contractors working at any of Cabonne Cemeteries must implement procedures and management guidelines associated with this policy.

 

9 Related Documents

Document Name

Document Location

Cemetery Administration Procedures Manual

Cabonne Council Cemetery Management Guidelines

Environmental Services

Environmental Services

10 Policy Statement

THAT:

1.   Council maintain and administer existing working cemeteries in Cabonne’s Local Government Area in line with current cemetery procedures;

2.   Council provide basic maintenance to non-operational cemeteries in the Local Government Area, for which Council has a responsibility to maintain, in line with current cemetery procedures.

3.   That Funeral Directors, Crematoriums, Grave Diggers and any other contractors operating in Council’s cemeteries abide by Council’s operational procedures and cemetery management guidelines.


Item 25 Ordinary Meeting 19 March 2012

Item 25 - Annexure 1

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 19 March, 2012

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      INVESTMENTS & RATES SUMMARIES...................................... 138

ITEM 2      CUMNOCK YEOVAL SEWER SYSTEM....................................... 138

ITEM 3      2012 E DIVISION CONFERENCE.................................................. 138

ITEM 4      LACHLAN REGIONAL TRANSPORT COMMITTEE MEETING HELD FEBRUARY 11th 2012.......................................................................................... 138

ITEM 5      THE FLOODPLAIN MANAGEMENT ASSOCIATION CONFERENCE        138

ITEM 6      CARAVAN PARK COMMITTEE MINUTES ................................. 138

ITEM 7      MEDIAN PROCESSING TIMES..................................................... 138

ITEM 8      DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH.............................................................................................................. 138

ITEM 9      DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH................................................................................................ 138

ITEM 10    BURIAL STATISTICS....................................................................... 138

ITEM 11    ORANGE WASTE PROJECT - MINOR MODIFICATION TO PART 3A APPROVAL MO 09_0025....................................................................................... 138

ITEM 12    DRAFT CONSULTATION STRATEGY FOR LOCAL ENVIRONMENTAL PLAN.............................................................................................................. 138  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Rates graph February 2012.................................. 138

ANNEXURE 1.2    Business Paper Investment Schedule Feb 2012    138

ANNEXURE 4.1    Delegates report Cr David Hyde..................... 138

ANNEXURE 5.1    FLOOD MANAGERMENT ASSOCIATION CONFERENCE 21       138

ANNEXURE 6.1    Minutes of the Caravan Park Committee Meeting      138

ANNEXURE 8.1    Development Applications Received - February         138

ANNEXURE 9.1    Development Applications Approved - February       138 

 


 

 

ITEM 1 - 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 February 2012

2.  Business Paper Investment Schedule Feb 2012    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING - 304160

 

Director of Finance and Corporate Services' REPORT

 

Statement of Investments.

 

The Statement of Investments to 29th February 2012

 

Rate Collection Summary.

 

The Summary of rate collections to 29th February 2012

 

ITEM 2 - CUMNOCK YEOVAL SEWER SYSTEM

REPORT IN BRIEF

 

Reason For Report

Advising on Financial information requested for Cumnock and Yeoval Sewer Schemes

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\DESIGN AND CONSTRUCTION\FOUR TOWNS SEWERAGE SCHEME - 304227

 

Director of Finance and Corporate Services' REPORT

 

Council at its the Extraordinary meeting held on 20th February 2012 resolved

 

“THAT in relation to the Four Town Sewerage, Council receives a report providing the gross sewerage contribution paid in advance, interest earned and expenditure to date for Yeoval and Cumnock”

 

An analysis of the figures up to the last audit, being 30th June 2011, for Cumnock and Yeoval has provided the following information, please note that net contributions rather then gross have been included to allow for items such as pensioner rebates, pensioner rate subsidy and rates abandonments.

 

 

                                                                  Yeoval                          Cumnock

 

Net rates collected                                 $866,011                     $804,016                    

Interest earned                                       $240,729                     $232,159

 

Expenditure to 30/06/11                        $352,052                     $527,266

 

Contracted costs (E1 units)                  $528,542                     $469,870

 

 

It should be noted that the combination of prepayments and interest earned over the period would result in the rates for each village being reduced by $757.50 per annum based on the reduced loan required to cover the scheme calculated at 8% over the 20 year period.

 

This demonstrates the benefits that have been achieved by implementing the prepayment loan over that period.

 

 

ITEM 3 - 2012 E DIVISION CONFERENCE

REPORT IN BRIEF

 

Reason For Report

To advise Council on the outcomes of the recent E Division Conference.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\CONFERENCES\E DIVISION CONFERENCE - 303319

 

General Manager's REPORT

 

The 2012 Conference of ‘E’ Division Councils of the Shires Association of New South Wales was hosted by Forbes Shire Council on Friday 17 February 2012.  The Conference was attended by the Mayor, Clrs Gosper and Wilcox and the General Manager.  The Conference was well attended by ‘E’ Division delegates as well as a range of representatives from the Shires Association including President Clr Ray Donald.  There were a range of matters addressed at the Conference including:

§ Address by President of the Shires Association on main issues:

o Rate Pegging

o Local Government Elections

o Constitutional Recognition

o Transport

 

Motions submitted by Cabonne regarding RFS Funding, Local Road Funding, Country Towns Water & Sewer Scheme, Impacts of Carbon Tax on Local Government and 2016 Local Government Elections were unanimously carried and will be included with the Motions submitted to the Shires Association Conference in June.

 

A full copy of the minutes which includes all Motions discussed has been emailed to Councillors.

 

 

ITEM 4 - LACHLAN REGIONAL TRANSPORT COMMITTEE MEETING HELD FEBRUARY 11th 2012.

REPORT IN BRIEF

 

Reason For Report

To inform Council of the meeting held in Young on the 11th February 2012.

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Delegates report Cr David Hyde    

File Number

\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\MEETINGS\LACHLAN REGIONAL TRANSPORT COMMITTEE - 301148

 

Director of Engineering and Technical Services' REPORT

The Lachlan Regional Transport Committee meeting held in Young on the 11th February 2012 was well attended by delegates from throughout the Lachlan area items discussed was the Alkane Resource Project in Toongi, South of Dubbo that may see the reopening of the scenic line from Dubbo to Toongi and that is the scenic line that goes from Dubbo through to Molong.

A report on the Blayney, Cowra,Demondrille rail line and the triangle required at Demondrille.

There was discussion about the increased mining activity in the Central West and what threat might mean to rail road in the region, impact on roads especially if rail isn’t upgraded

LRTC website – just about ready for launching

Incidents with heavy vehicle crashes

Guest speaker was Tim Fisher.  Tim provided some background to the rationalisation in Victoria and the need to categorise or provide hierarchy of rail lines.  In Victoria they use platinum gold, silver and bronze to identify those rails importance as you go down the list.

The delegate from Port Kembla also made comment on the need to not just focus on grain but to look at all types of transport on rail and not to fragmentise submissions need to be coordinated and collated so that those people treading the reports get an overall understanding and view of the total amount of tonnage that could be moved by rail.

 

Attached is the delegates report from Clr Hyde

 

 

ITEM 5 - THE FLOODPLAIN MANAGEMENT ASSOCIATION CONFERENCE

REPORT IN BRIEF

 

Reason For Report

A delegates report on the conference held in Batemens Bay 21-24 February 2012.

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  FLOOD MANAGERMENT ASSOCIATION CONFERENCE 21    

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION - 304204

 

Director of Engineering and Technical Services' REPORT

 

The Flood Management Association Conference was held from 21-24 February, 2012.

 

Attached is Clr Hyde’s report on the conference. Councillors requiring further information should contact the delegate.

 

 

ITEM 6 - CARAVAN PARK COMMITTEE MINUTES

REPORT IN BRIEF

 

Reason For Report

For council to note the recommendations from the Caravan Park Committee meeting held 29 February 2012.

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Minutes of the Caravan Park Committee Meeting    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES - 304372

 

Director of Engineering and Technical Services' REPORT

 

Minutes from the Caravan Park Committee meeting held in the Cudal Office Wednesday 29th February 2012 are attached for Councillors’ information.

 

 

ITEM 7 - 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 - 303961

 

Director of Environmental Services' REPORT

 

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

 

YEAR

MEDIAN ACTUAL DAYS

2008

20

2009

28

2010

78

2011

14

2012

65

 

 

Summary of median Application Processing Times for 2012:

 

MONTH

MEDIAN ACTUAL DAYS

January

35

February

65

March

 

April

 

May

 

June

 

July

 

August

 

September

 

October

 

November

 

December

 

 

 

ITEM 8 - 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 - February    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 303962

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/02/2012 to 29/02/2012 as detailed in the Annexure.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Storage Shed

1

$ 16,000

Water Reservoir

1

$ 1,000,000

Swimming Pool

1

$ 39,885

Additions/Alterations

1

$ 23,000

Dwelling

7

$ 2,127,000

Commercial

1

$ 17,000

Subdivision

2

$ -----

Private Cemetery

1

$ -----

TOTAL

15

$ 3,222,885

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

NUMBER

ESTIMATED VALUE

Additions/Alterations

2

$ 10,000

Storage Shed

1

$ 16,000

Dwelling

2

$ 720,700

Unknown

2

$ -----

TOTAL

7

$ 746,700

 

GRAND TOTAL

22

$ 3,969,585

 

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

 

 

ITEM 9 - 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 Applications Approved - February    

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 303963

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/02/2012 to 29/02/2012 as detailed in the Annexure.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

4

$ 921,550

 

Storage Shed

1

$ 40,000

Change of Use

1

$ 500

Additions/Alterations

1

$12,000

Rural Shed

1

$ 48,000

Commercial

Additions/Alterations

 

1

$ 17,000

Subdivision

1

$ -----

Septic Tank Trench

1

$ -----

TOTAL

11

$ 1,039,050

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Swimming Pool

1

$ 39,885

Dwelling

1

$ 330,000

TOTAL

2

$ 369,885

 

 

GRAND TOTAL

13

$ 1,408,935

 

Previous Month

10

$ 848,850

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

 

 

ITEM 10 - 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 - 303964

 

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

February

3

Total

32

 

 

ITEM 11 - ORANGE WASTE PROJECT - MINOR MODIFICATION TO PART 3A APPROVAL MO 09_0025

REPORT IN BRIEF

 

Reason For Report

Advising of application for modification of Orange Waste Project approval conditions.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\LIAISON\THE HUB REGIONAL LANDFILL PUBLIC COMMENTS - 304332

 

Director of Environmental Services' REPORT

 

The Department of Planning and Infrastructure has received an application from Orange City Council for a minor modification to the approved project MP 09_0025 subject to section 75W of the Environmental Planning and Assessment Act 1979 (the EP&A Act).  The Minister for Planning granted consent for development at the Ophir Road and the Euchareena Road sites via consent MP 09_0025 granted on the 28 April 2010. A copy of the application is on public exhibition until 19 March 2012.

 

The proposed modification application relates to both the Orange City Council Ophir Road site and the Euchareena Road site located within Cabonne Council area. The proposed modifications as follows:

 

Ophir Road, Orange

 

In place of the new MRF building, a Residual Waste Baling and Food and Garden Organics Building is proposed on the southern side of the existing truck shed, in which waste baling and non-baleable waste is bulked up, and organics shredding and blending operations will be conducted. This building will also house a formalised education suite for use by visiting school children (rationalisation of an existing arrangement);

The existing recycling facility will be retained and all bulking up will be consolidated into the one building, as referred above;

The existing truck shed will be retained;

The bale storage area will be provided inside the proposed Residual Waste Baling and Food and Garden Organics Building;

Development of a part one-way, part two-way roadway connecting the proposed Residual Waste Baling and Food and Garden Organics Building with the existing internal road network.

 

This modification proposes an operational change to the facility, with no change to the volume of waste or the amount of vehicles entering and leaving the facility. The consolidation of operations into one building may result in a reduction in noise generated at the site as a result of the consolidation from three buildings to one. The provision of the education facility adjacent to the Residual Waste Baling and Food and Garden Organics Building is the formalisation of an existing arrangement whereby local school and university students visit the facility to witness waste and recycling operations. No expansion of this program is proposed by this modification application.

 

Euchareena Road

This modification application seeks to:

Modify the internal road network;

Re-locate the weighbridge to the south;

Re-locate the maintenance shed and landfill office to the north-east; and

Remove the education building, due to its relocation to the Ophir Road site.

 

The modification seeks to re-organise the proposed amenities for the site with no changes proposed to waste operations. This application seeks a minor modification to the Euchareena Road site to re-arrange the on site amenity buildings. The relocation of the education building to the Ophir Road site reduces the required car parking spaces.

 

The proposed modification to the development appears to have minimal impact upon the proposed operation of the facilities or the scale of the development. The relocation of the learning facility from the Euchareena Road site to the Ophir Road site may result in a small reduction in traffic movements to the Euchareena Road site. There appears to be no significant impact upon the proposed uses of either site by the modification proceeding. 

 

 

ITEM 12 - DRAFT CONSULTATION STRATEGY FOR LOCAL ENVIRONMENTAL PLAN

REPORT IN BRIEF

 

Reason For Report

A Draft Consultation Strategy for the Draft Cabonne Local Environmental Plan (‘Draft LEP’) and Draft Cabonne Settlement Strategy (‘Draft Strategy’) is provided for information of the Council.

Policy Implications

Nil

Budget Implications

Costs for implementing the Draft Consultation Strategy are already included in 2011/2012 Management Plan budget for new Local Environmental Plan. 

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\PLANNING\CABONNE LEP REVIEW - 304348

 

Principal Strategic (WBC Alliance) Planner's  REPORT

 

For Notation

A Draft Consultation Strategy for the Draft Cabonne Local Environmental Plan (‘Draft LEP’) and Draft Cabonne Settlement Strategy (‘Draft Strategy’) has been provided for information of the Council.

 

Draft Public Exhibition Dates

Council staff have been negotiating with the Department of Planning & Infrastructure (‘Department’) throughout January and February to gain agreement to the public exhibition of the Draft LEP.  Assuming the issue of a Section 65 Certificate from the Department by early April 2012 it is expected it will take 2-3 weeks to prepare for the public exhibition phase and the public exhibition could commence in either late April/ early May through to early/mid June 2012.  The statutory period for public exhibition of a LEP is four (4) weeks.  However, if time permits it is proposed to extend the public exhibition period to six (6) weeks to enable the community to comment on the Draft Strategy and the Draft LEP.

 

Draft Consultation Strategy

A Draft Consultation Strategy is summarised below for the public exhibition of the Draft LEP and the Draft Settlement Strategy.  Feedback would be appreciated by the end of March 2012.

 

1.   Exhibition Locations:  During the public exhibition hard-copies of the Draft LEP and electronic copies (CD) of all supporting strategies, legislation and policies will be available at:

·    Council offices in Molong, Cudal, and Canowindra;

·    Nine (9) Post Offices/Agencies across Cabonne;

·    Libraries at Molong, Canowindra, Manildra and Orange;

·    Copies of all key documentation will be also be available on Council’s website;

·    CD copies of all documents can be mailed to interested persons.

 

2.   Fact Sheets: Staff are currently preparing ‘Fact Sheets’ that seek to summarise aspects of how to understand/read the Draft LEP and provide a short summary of key changes to existing controls.  Copies of these Fact Sheets will be made available to Councillors prior to the public exhibition.  A preliminary list of sheets is as follows:

 

Fact Sheet A1 – About the Public Exhibition

Fact Sheet A2 – How to Read the New Plan

Fact Sheet A3 – The Land Use Matrix

Fact Sheet A4 – How to Read the LEP Maps

Fact Sheet A5 – How to Make A Submission

Fact Sheet A6 – The Next Step - A New DCP

Fact Sheet B1 – Rural Areas

Fact Sheet B2 – Rural Small Holdings (Mullion Creek, Borenore, Windera, Weemilah & Spring Glen)

Fact Sheet B3 – Recreation & Infrastructure

Fact Sheet B4 – Heritage Conservation

Fact Sheet B5 – Environmental Controls 

Fact Sheet C1 – Towns & Villages

Fact Sheet C2 – Town of Molong

Fact Sheet C3 – Town of Canowindra

Fact Sheet C4 – Village of Eugowra

Fact Sheet C5 – Village of Manildra

Fact Sheet C6 – Village of Cudal

Fact Sheet C7 – Village of Yeoval

Fact Sheet C8 – Village of Cumnock

Fact Sheet C9 – Village of Cargo

Fact Sheet C10 – Rural Centre of Mullion Creek

Fact Sheet C11 – Rural Centre of Borenore

Fact Sheet C12 – Rural Centre of Nashdale

 

3.   Website: Council’s website has been upgraded to improve access to download all of the key documents of the Draft LEP and all strategies, policies and plans that support or are relevant to the Draft LEP.    

 

4.   Media:  The media will be notified about the consultation process and summaries of the key outcomes of the documents as follows:

·    Advertisement: Council is required to publicly notify the public of the exhibition dates, locations and times.  Notification is expected to be placed in key newspapers across Cabonne;

·    Media Release: Council will send an approved media release to all relevant newspaper, radio and television media contacts notifying them of the public exhibition period and date for submissions.

·    Editorial/Articles:  Council staff will seek interviews with key media agencies to provide editorial, articles or news items summarising the key issues that are relevant to the coverage of that media agency.

 

5.   Public Notification:  In addition to the media approaches above, the following methods will be used to notify the public about the public exhibition:

·    Letters will be sent to:

·    All residences and businesses across all of Cabonne (6,702 items);

·    All ratepayers outside Cabonne in the first week of the public exhibition period notifying key dates and outcomes;

·    All progress associations in Cabonne;

·    People who attended the Community Plan (Integrated Planning & Reporting) sessions;

·    Notices will be placed at all post offices, libraries, and key businesses;

·    Articles will be placed in school newsletters;

·    Public Forums will be held in towns & villages throughout Cabonne, subject to resourcing.  These events may be jointly co-ordinated with the progress/village associations/chamber of commerce in each settlement.  These will be information sessions to explain the Draft LEP and Draft Strategy outcomes and encourage people to make formal written submissions to Council on any issues;

·    One-on-one / Group meetings with Council staff may be available to allow people to discuss their individual issues and properties.

 

6.   Government Agencies:  All key agencies will be notified of the public exhibition.  Individual meetings with key agencies will be held to discuss any issues that may arise from the public exhibition feedback.

 

7.   Submissions:  The community will be invited to make written submissions to Council on the Draft LEP and/or the Draft Strategy.  The draft closing date for public submissions will be the last day of the public exhibition period.  A summary of issues and any recommendations regarding potential amendments to the Draft LEP will be presented to Council and placed on Council’s website for public viewing within 4-6 weeks after the public exhibition period has closed.

 

 

  


Item 1 Ordinary Meeting 19 March 2012

Item 1 - Annexure 1

 


Item 1 Ordinary Meeting 19 March 2012

Item 1 - Annexure 2

 


Item 4 Ordinary Meeting 19 March 2012

Item 4 - Annexure 1

 

Delegates report Cr David Hyde.

The morning event as from 10am

Welcome by Mayor Stuart Freudenstein, guest speaker for the meeting was Tim Fisher.

The five councils have meet with the NSW ministers for transport and services. This meeting took place at Boorowa early in February. The ministers will look at the sustainability of the Blayney –Cootamundra rail line. The future has a promise only if the prime users will commit to firm contracts, on the other side they need to know the commitment by Government towards their commitment.

After Tim Fisher spoke on the Victorian rail and how they moved towards investment in rail. The main object getting investment in rail was to look at the network in sections. This meant that some short and small lines where not included. He was much in favour to the five council’s actions and advised to go forward to get those firm statements from commercial prudential users. By consolidating the prudential of the rail lines in question and leave the smaller lines.

The poaching of grain by Victorian rail to port Melbourne will see a lot of southern area grain moved.

The feeling from this meeting I felt was one to getting the ground work done with compounding and listing all the central western commercial business to commit to rail. Doing this will build a stronger case to invest in a larger network and other mines could come to use the network.

In our area the mine at Dubbo Alkane Resources project could affect the Cumnock –Yeoval Rd at the “pimple” rail crossing. Alkane is looking to use the line for this project.

Next meeting of the committee is on the 12th May at Dubbo.

 


Item 5 Ordinary Meeting 19 March 2012

Item 5 - Annexure 1

 

FLOOD MANAGERMENT ASSOCIATION CONFERENCE 21-24 FEBRUARY 2012

Held in Batemans Bay

DELIGATES REPORT BY Cr DAVID HYDE 1-3-2012

The conference time tables were for three days starting Wednesday 22nd of February, but Tuesday was for pre-conference workshops starting 9.00am after registration. On seeing the printed agenda for the workshops I asked to attend them and planed my trip accordingly.

I am so glad to have made that decision, for the speakers and subjects were for our council’s benefit. Now I am aware after asking for the print material about the session’s papers will be available, subject to the author’s agreement. This will be good for others to see and how they receive the message.

I have made notes on issues to the subject matters, but they are only my own opinions and the messages.

WORKSHOP SUMMARY

For those who will have enough to read this will give an over view, outcomes and goals of the conference of the FLOOD MANAGEMENT AOSSCIATION [FMA] AT BATEMANS BAY FEBRUARY 22-24th February 2012.

# Notes

The workshops’ attended; in the morning session “Looking to the future- What will we need to know in Flood Risk Management by 2020. These 2 sessions were by two facilitators split by morning tea. I see these facilitators giving us the lead towards how all this within the floodplain have an effect on  land use and people in that area. There are some many single items of hydrology, scientific physics and social science that all together effect the flood risk management of floodplain land.

The target of 2020, that if there were to be a map of all flood land across Australia and then I guess the 8 years will be very busy! Through the following days of the conference I found this to be the thrust of the FMA. The AGM would move to provide the association towards national representation of all of Australia, giving them a large lobby to Federal Government. This was voted by delegates of more than 50% attendance at the AGM.

Other issue during these sessions were of a social view point and my notes bring out the factors dealing with people through flood events and post stress, pre flood awareness through education. The land use issue over Australia is a big planning item. All planners will be aware of this, but think about the ocean shore line and the possible inundation on some parts. The biggest part of our population lives in these zones. Like me you may think what does this have to do with us in Cabonne. How would you think the insurance industry could try and insure for flood. Would we all have to pay for relocation out of tax or higher premiums? This issue was brought out in a field trip to coastal lakes and foreshores on Wednesday. The community in this location have their view points, which are wide and varied. They very much differ from the hydrology and scientific analyst given to councils’, much in the same way our

Communities react to the issues in our flood liable lands. Perhaps it becomes clearer when looking at somebody else’s back yard? Indeed the SES is has a notable stand overall towards planning and other land use, which they commented on very strongly towards mapping and information.

The afternoon workshops were “what can we learn from recent reviews”? Spilt by two facilitators in sessions 3-4.

These where more towards a technical nature, but had some really good messages. What to do and how to rely the history of events, to work through new technical knowledge, to connect to other parts of the system, should catchments be the total part of the review? Insurance being part of recent reviews making Governmental actions in November 2011 with affordable premiums, flood cover for all and how companies reacted to the action. I saw here together with session 4 a broader outlook in my mind.

CONFERENCE SUMMARY

These are the days of the conference Wednesday-Thursday- Friday in summary.

The usual welcome to country and by the mayor of Eurobodalla Shire Cr Fergus Thomson. Chair of FMA Cr Ian Dinham

International Key note speaker Mr Bryan Martindale, spoke on “the great American levee challenge” Flood protection or risk reduction.

Here he pointed out the American dream of flood protection, levees to keep in the water of the rivers over most of the USA. This was realised when given the total distance in size of completely in circle ling Australian coast line. They seemed to endeavour this mitigation works towards protection, when you see the magnitude in scale of levees set to protect and the results of levee history. Now I see again a different concept given the scale, which some levees will have false hopes to those it seeks to protect. Here I see perhaps in delivering mitigation works of this nature to a community there could be better wording in the risk that still per vales with dealing with nature. This speaker brought out how man made interaction to the course of nature brings in question the control factor. Dams, levees, detention basins and many other controlling mitigation works have some benefit, but come with prudential risk of failure by nature the unknown. He spoke of his understanding, that “Levees can fail, levees will fail” To understand this in context you might need to go to this presentation paper under Bryan Martindale. The risk for those levees are to protect will be an insurance matter. In USA they have the protection from the insurer, but until the failure of the levee. The American  endeavour seems to have money problems now to maintain all the structures in good order. How they will plan for levees and other mitigation structures I think only history will record.

Here in Australia. I asked the question to the last key note speaker on Friday, representing the insurance Council of Australia. What will the insurance industry do to have flood premiums affordable across Australia? I’ll address this now for the import ants that it has for our communities. In November 2011 Federal Government and the Insurance Council gave considerations to the Queensland disaster and the direction to the insurance council for the industry to give flood cover for all.

 # It seems from talking to other parties that some companies have increased their premiums beyond the reach of most house holders. This they may have done to not have the risk of flood policies. People have been searching for companies who have optional policies. Some people are just not insuring for flood while they live on flood liable land by 149c, but the house floor could be at or above 1-100ARI. Some industry members at the conference see this to be an issue when they work on risk analysis for premiums on flood liable land. At the moment mapping used to give risk analysis has not the detail information for individual property floor levels for the industry. Perhaps this type of mapping will be part of the FMA lobby? May be Cabonne will have the opportunity to address this and other issues with insurance companies. This could make it easier for property owners to have a fare priced policy.

Field trip to Coastal Lakes and Foreshores

Burrill Lake and open/closed system [ICOLLs] Intermittently Closed and Open Lakes and Lagoons.

A low lying land.  Community demographic 25% above 65 5% live in caravan parks, app 34% dwellings are holiday homes.

Flooding comes from the lake and its catchment, rainfall, oceanic inundation [tide and storm surge] and low-level, persistent flooding from back up of the lake. 30 properties inundated above floor levels in 5yr 80 properties in a 10yr event.24 hour isolation and 2-10 hours floor water cover. [What about 1 in 100 event?]

There is lots of information with the issue of low lying coastal land development and this trip , which  this included Shoalhaven Council above. The Eurobodalla council showed us the area of the Surfside development and the low lying ocean front. This was also inundated by ocean events and the pretendual of climate change could be big factor in coming years.

21ST FEBRUARY 2012. BATEMANS BAY    My comments.

TUESDAY 21ST

Per conference workshops     Workshop2 – Looking to the future- What will we need to know in flood risk management by 2020.

Session 1  9.00am. James Ball UTS

The science of flooding, roughness, climate change. What to do with data over history. How do we deal with catchments? The use of tools to provide data and land use education. The emergency plan control factors. Education for staff rescores and post graduates course. All pathways towards making future needs for flood management.

Session 1. 11am.John Handover RMIT social research

Risk management and community safety all need to be factored with decisions by key terms made with people/ money expressed in the way of worth. Australian economic standards for life is one of a lower scale by other world standards, we have 3.5 million per life, when others set their standards much higher. Media negativity brings down community resilience.  Recognising large populations in danger of flood risk, such as the Hawkesbury /Penrith basin population. How do we evacuate and relocate during flood events under time restrains. Police were asked the question, well came the reply, “ we have the man power to move the four police vehicles to higher ground”

I asked the question about flood debrief and was this social benefit?

An swear; this was important to take place, but the blame comes out as part of the stress of the community. There will be a need to take time, when to reach the individuals as part of the community and listen.

Session 2 . 11-12am  Steve Opper SES

Work out what you need to do, to share the responsibilities and know your facts. Have your real time forecasts’, be prepared and valuate time response. Vacation in flood events with large populations and the relocations needs to have communication management skills. Working together with agencies to unite response times, have data on public view, warnings, correct levels readings, community history. This helps the volunteers to act for the benefit to the community. Will the future gives us better data to help with climate change? SES was given larger Ariel photos of a flood event, but as in black and white  they came out just brown all over. Planning by LG was a factor SES saw to be an issue.

Afternoon

What can we learn from recent reviews?

Session 3. 1-3pm  Mike Edwards VIC  Disaster Resolution  Strategy and Community expectations.

How we perform, what are our limitations as planners/engineers?

The future performance bring physical and environmental plans for flood plain management  to the front of our skills. Testing previous data with new 2D views, looking at mitigation factors, levees, building codes, materials and complex water flow over catchments. Looking at relocation of people and

the use of land for the benefit of tourism to the community. Being aware of the aging population and with that how to communicate/ to inform. Understanding about our values with standards, when London England has higher values. The 1:100 ARI would take out millions of population, evacuation, mitigation and levee schemes with large gates to control water levels, are all part of a net work to protect the greater London area.

SESSION 3.1-3pm

John Trowbridge Nation Disaster Insurance Review. Chair NDIR.

Insurance factor over the past wet events particular in Queensland, Victoria, New South Wales. History of other events bring their inputs to review taskforce NDIR. In Nov 2011 the review made recommendations to the industry for flood cover. This has issue of affordability premiums, policy plain language, and flood /storm water understanding standards. The factor of mapping and determine flood risk possible for individual homes. These are some of the many issues the taskforce will bring to the Federal. There are other items on the NDIR web page for the taskforces and they are about to present to Federal Government at the end of February. Recommendation 25 has some good suggestions towards mapping of Australian flood lands.

SESSION4,3.30-5PM

 Paul Bennet Vic. DEW. What can we learn from reviews.

The work of BOM and there warning systems have brought preparedness’ for flood risk management.  The ADH value perhaps could be changed to show depth of flood at this local point, This may give communities a better understanding of the local flood depth and with insurance mapping for risk issues.

He went onto other technical data factors with dams, storage channels and stream clearing. How these items can affect water natural flows.

Brendon Nelson Queensland  Reconstruction Authority

After the Queensland floods this authority was set up by state Gov. I manage to get a copy of these part 1 of planning for a stronger, more resilient floodplains. Part 1 Interim measures to support floodplain management in existing planning schemes.

Brendon told us the story of the disaster of the recent flooding in Queensland and now months onward how they are taken measures for management. I found this very interesting to listen to, but I know the knowledge the measures taken so for are the copy mentioned above.

Finish of Tuesday.

WEDNESDAY

MAYORIAL WELCOME

Murray Kear Commissioner of SES Opening Conference.

Cr Allen Vizzy LGA asking for survey forms to be returned.

Key note speaker

Byran Martindale The Great American Levee Challenge

USA has levee manner to try and flood prevent river flooding all over America. They give some protection at a level, but they mostly fail and give false protection. Insurance seems to the main reason for the levee. In one case study they blow up part of the levee using the army to stop over toping and putting more risk on the community. This was part of the Missisppisip river system in the State of.....The main failure of a levee system was cyclone Katrina on the St Louis. The main thrust of the presentations was that Levee’s gave protection to residents who did not take out insurance and development increased. The percentage of failure for levee’s is high due to many and varied reason, but most are over topped. This in most cases brings higher damage bills, because of the surge and higher flood levels. The trend is not stopping the construction, because they strongly believe to protect the land close to rivers and stop small events. The speaker agrees that levees mostly give false protection messages, they do fail and will fail.

FEILD TRIP

This was a trip to see firsthand the ocean and lake estuaries’. Over the last 30 to 25 years development brought the escalation of the general population development on our east coastal Australian line. Now we have a problem of natural inundation of land around lake side areas. Natural closure of entrances openings to the sea is controlled by council, when events of storms and sea blocking lake water from discharging. The higher water level brings also higher water tables underground, natural mash land plants replace other grasses. The lake/ocean front developer sees the wonderful green grass frontage as the norm, but far from this the natural changing events on these flat lands continue. Over dry times marsh land habitat is continually changing with different vegetation. The communities in these areas have different opinions; they see marsh land to be a weed and green grass to be maintained at all costs. The blame on Local Governments is high to control the lake level and sea water out.

 

 

SESSION 3              3B  Community Engagement and Social Media. Jilly Charlwood Vic SES. 1.45-2.10 pm

Here is a report on the flooding in Vic. North and the use of social media during those floods. Jilly showed data of face book and other social media mediums. The percentages of use where very high when flooding was in progress. This seem to give good outcomes for those who wanted more information, help for some reason other than SES, give up to date road issues and when water was going down. The factor of miss information was generally counteracted by corrections with others stating the facts. This could by using photographic imagery, or location descriptions.

# The wonders of new techniques of guess the future usage of this social media will be common place, when you might remember NZ earthquaks, 9 11 USA. These events recorded the happenings and the heartfelt messages sent by them inside the areas. But we have to remember that power supplies supports all of these and other main systems.

2.15.2.40 pm Neil Dufty Molino Stewart Pty Ltd

Why are people unkind? Unravelling community responses to floodplain and emergency management.

This seemed to be the home truths about the actions of people under an impact of flooding events. They do have questions about the led up time or they react by doing silly things. Here we all need to understand some psychology to deal with these events!

3 C 2.45-3.10 pm.  Modelling the influence of buildings on flood flow.

This was a session partially dealing with data, but the interesting graphs show directional water flow study with fences and buildings. I am sure we could use this information when dealing with water flow in area through the shire with fences and roughness. Perhaps even in high hazard area, when looking towards conditions for developers on yard fencing. This paper could be deal with by staff to interoperate the technical data.

Session 4 Planning and development on floodplains.

3.40-4.05pm 4c Erin Sellers Fairfield City Council. So just how exceptional is Fairfield? Contesting the 100yr ARI plus .500 flood planning level.

Here they built a case book with guidelines, merit base graduations levels and graduated control factors. They tried to achieve community awareness and preparedness, using their history to correlate safety. Their shelters are in location serviced by all main agencies.

4.10-.4.35pm Improving accuracy lead time and contingency in fluvial flood forecasts to enhance emergency management. Federico Groppa   Halcrow.

I did not take notes with this session, but I remember being interested by the graphical nature in showing catchments in detail. I thought it would be good to have the money to spend on gauging and mapping catchments throughout. Looking around me in the conference seeing the type of personnel with so much knowledge and companies set up to do all of this, if the money was available.

THURSDAY 8.45 am National flood risk information project Attorney Generals Department/ Geoscience AUS

Key note address. Maintaining resilience and thriving when faced with adversity. Mr David Burroughs MD & Principal Psychologist, CommuniCorp Group.

This speaker made clear the issues of a disaster when people get over whelmed by sometimes very simple things. They also can do thinks they normal don’t do and have to take time to make decisions. He made the categorisation of those who made positive decisions and those who had trouble with being over whelmed. Those in the first category would break down in parts their actions and those in second part would make sometimes irrational decisions. He also asked us to do a simple test to see how we would react to a problem. I hope this would be in his notes from his paper.

Given time starts now 15 seconds! Don’t cheat

                                                                                  C

A                          B                                             A                                  B

                                                         C

The task is to join like letter by connecting single lines, but the lines must not cross.

By this little task you have an understanding of pressure that time puts on you and the quick decisions that your mind makes.

SESSION 6 Flood recovery- Rebuilding, Insurance and economic imparts

10.30-10.55 6B Action package for significant disaster recovery, NSW protracted recovery following catastrophic events

This was not held as the officer of the police had been called away for duty in Moree. The paper should be available.

Went on to listen to.

New technologies from UK to support flood risk management.

This was an over view of a county in England and its flooding problems, how they monitored their data, looking at 2d technology. Using a lot more gauging data that we have per square area. This is because

they have the community density and the local services to provide for 128 rain gauges in the size of Cabonne.

6b 11-11.25 am Responding to the Brisbane flood –An insurance perspective.

This very interesting to see how they come through this disaster. The insurance industry and the Federal Gov. are working towards a delivery sometime in Feb-March from the task force. The insurance industry certainly have made their case for more information with mapping and data given more detail for some locations. Land planning came into the management, use of flood liable land to new developers need to have their levels of floor set and consistent with controls by LG. Big developments on  river system should have stronger risk controls.

#Have a copy of the “Planning for stronger, more resilient floodplains” Part 1 Interim measures to support floodplain management in existing plan schemes. By Queensland Reconstruction Authority, Federal Gov, Queensland State Gov, Local Gov, Fitzroy Basin Ass.

This copy remains with council at its Cudal office.

FMA

SESSION 7A 1.15-5.00pm

AGM

As the conference was will attended, when we came to a change in the constitution the membership total on the floor came to 52% of members. This gave the opportunity for constitutional changes mainly to the name of the FMA to a national representative association. The association will now be more of a lobbying body and with the knowledge of their membership.

The host for the next conference will be at the Tweed Shire Council and we voted on the next host after Tweed in2013. The result was at the evening dinner this night. This was between Shoalhaven Council and Deniliquin and the result went to Deniliquin for 2014.

The National conference at the Tweed in 2013 should be grate with international speakers together with all states represented. The business papers 2012 Feb Quarterly meeting and AGM papers are all available at Cudal Office.

FRIDAY 24th

SESSION 8

9.am-9.45 am Keynote speaker Mr Karl Sullivan, general manager risk & disaster planning, insurance council of Australia.

Developments in residential flood insurance.

Karl gave us some up to date information about how the industry reacted to the Nov 2011 to the Federal Gov. The action by Gov. To the flooding issues with insurance gave a directive through the  task force for all companies have flood cover. As mentioned in this report this gave way to some companies over pricing the cost of this cover, because they do not the risk of the cover. They would make this cover with no option, so you would have to take it, or find some other company. The industry is trying to make changes to the way with the analysis of data is given to each property; by doing this it will give credit to floor levels. The information for this in some places is available, but in larger population areas there are costs .The US has cheap insurance made us of 4.5% cost from Gov and guarantee. Insurance soft ware will need to up graded.

#  I talked to Karl afterwards and ask the question about affordability, comparability for home owners and to invite insurance companies to view local areas for their knowledge.

There were questions from the floor about how technical data should be available to risk assessors to manage particular factors. This was mentioned in other parts in the conference, I would be sure the task force have taken this to Gov.

 #  I believe this to be something Cabonne needs to take up with companies and look at the information held in council’s files. Perhaps to use this as mitigation exercise as a risk management tool, given is population is not as high as others. The floor level may be the key to risk assessment and would property be insured while having a levee.

SESSION9 Innovation case studies and technology

Session9A 9.45-10.10 am Stormwater flooding in Bankstown- the hidden threat, an innovative approach to managing the risk’

This was particular to Banks Town and the roughness of development and how they mapped it for risk management. Lots of interesting photos and graphs all available in this paper.

Session 10.15- 10.40 am How to ensure technical consistency and excellence throughout a multi-year flood study.

This also was mainly on technical nature with graphs and GIS layers. This again will on file for availability.

SESSION 10 Planning and development on floodplains.

Session 10b 11.00- 11.25 am.  How much time do we have? The variability of Riverina flood wave routing speed.

Now using new technology 2d view gives much better travel time flows. The time is coming short to deal with river water shortage throughout systems.

Session 10b 11.30-.1155am. Planning maps and flood maps, key elements of floodplain management and effective permanent or emergency flood protection of property.

Discussing the planning and development in flood areas and trying to bring the land use development with all aspects of the paper. By FM global insurance, they see the way forward to unit these process and emergency protection.

This covers the engineering and planning areas, but the emergency part does have its differences. Though for the people we are dealing with it matters to them and we need to remember it’s about people.

12.00 noon

Greg Jones   Nevada USA Pictorial of emergency / floodplain management study tour.

Close.

Cr David Hyde 1-3-2012.

 


Item 6 Ordinary Meeting 19 March 2012

Item 6 - Annexure 1

 

 

 

MINUTES OF THE CABONNE COUNCIL CARAVAN PARK COMMITTEE MEETING HELD AT CUDAL ON WEDNESDAY 29TH FEBRUARY COMMENCING AT 10.05 AM.

 

Apologies:        Michael Philpott, Evan Webb, Clr. Dean

 

Present:   Don Dean, Clr. Walker, Neil Haywood, Denis O’Brien (UAC),

                   Clr. Bleakley, Rob Staples (DETS), Lorraine O’Brien.

 

Minutes:   The minutes of the previous meeting were accepted.

                   Moved Clr. Walker, Seconded Lorraine O’Brien.

 

Business                                                                                               

 

1                 Welcome packs

Clr. Walker said that new brochures should be printed and available in a few weeks time. No further action.

 

2                 Unauthorised structures

UAC briefed the committee on the outcome of the tenancy tribunal hearing. The Committee agreed with the commencement of eviction proceedings in accordance with the Local Government Regulations 2005.

 

3                 New shed at Molong

Lorraine confirmed that the concrete slab was down; the shed was manufactured and was ready to be installed. No further action.

 

4                 Signage

The committee discussed the cost of purchase and installation. The Committee recommended that submission be made to Council to immediately fund the purchase and installation from reserves if the current budgets do not allow for the project. DETS and UAC to action.

Moved Neil Haywood, seconded Clr. Walker.

 

5                 Camping at showgrounds

The committee affirmed that casual camping at showgrounds be limited to no more than 2 vans at one time and for no more than 2 nights at a time in compliance with Lands Department recommendations. Scheduled show days and special events requiring a DA excluded. UAC to action.

 


 

 

 

 

6                 Canowindra Dump site

                   Progress on this project was noted. No further action.

 

7                 Cudal long term future

Don Dean said that he would remain manager for a while yet but would give 6 months notice when it was time to retire.

DETS said that various options such as honesty boxes were a possibility.

DETS said that in spring time Council would consider doing some landscaping and maintenance. No further action.

 

8                 Financial report

                   UAC presented the financial report for consideration.

                   DETS said that the budget looked to be on track.

                   The report was accepted, moved Clr. Walker, seconded Don Dean.

                   No further action.

 

9                 Cudal hot water

Don Dean said that work had commenced on the plumbing – work in progress.

Don said that since the original estimate was made additional cupboards and folding boards were required at a cost of $1500.

DETS said that a submission will be made immediately to catch the next budget. UAC to action.

 

10               Peter Kelly reduced rates

The committee considered this request and decided not to approve any reduced rates. No further action.

 

11               New lease for Cudal resident

                   UAC advised that the lease was completed. No further action.

 

12               Canowindra caravan park, levelling of sites near office.

UAC advised that due to presence of water, sewer and power lines levelling could not be done. No further action.

 


 

 

 

 

New Business                                                                                     

 

1                 Backpackers at Cudal Caravan Park

UAC reported that back packers were entering the swimming pool illegally.

Committee decided that this was a police issue not a caravan park committee issue.

Committee decided that if this occurs police should be notified. No further action.

 

2                 Shared mower at Canowindra

Neil said that this was an ongoing issue and that the mower was in the workshop quite often.

Neil said that the mower was too light duty for the job.

DETS queried if the mower was suitable.

DETS said that the issue of suitability would be referred to Council plant and maintenance staff for consideration and report back to next committee meeting.

 

3                 Draft caravan park policy        

UAC presented the draft policy to the committee. The policy was prepared in consultation with Council’s Health and Building inspector Adam Garland. The committee considered the draft policy and approved the policy for presentation to Council for adoption.

 

 

There being no further business the meeting closed at 10.55am.

                           

 

         


Item 8 Ordinary Meeting 19 March 2012

Item 8 - Annexure 1

 





Item 9 Ordinary Meeting 19 March 2012

Item 9 - Annexure 1