cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 11 September 2013

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 17 September, 2013 commencing at 2.00pm, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.

 

Please note that the Directors will be available for consultation on matters contained in the business paper, lunch which will be provided from 1.00pm prior to the commencement of the meeting.

 

 

Yours faithfully,

GM - A Hopkins Signature

Andrew L Hopkins

GENERAL MANAGER

 

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Matters of Urgency

5)       Resolve into Committee of the Whole

a)    Consideration of Closed Items

6)    Adoption of Closed Committee of the Whole Report


 

ATTENDEES – SEPTEMBER 2013 COUNCIL MEETING

 

 

2.00pm

Emily Peffer – Youth of the Month

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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

 

 

 

 

COUNCIL’S MISSION

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

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

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

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 17 September, 2013

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      ACKNOWLEDGEMENT OF COUNTRY............................................ 6

ITEM 2      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 6

ITEM 3      DECLARATIONS OF INTEREST....................................................... 7

ITEM 4      DECLARATIONS FOR POLITICAL DONATIONS.......................... 7

ITEM 5      MAYORAL ELECTIONS PROCEDURES 2013............................... 8

ITEM 6      ELECTION OF MAYOR 2013/14 ..................................................... 11

ITEM 7      ELECTION OF DEPUTY MAYOR 2013/14 .................................... 11

ITEM 8      DESTRUCTION OF BALLOT PAPERS.......................................... 12

ITEM 9      DELEGATION TO THE MAYOR AND DEPUTY MAYOR (IN THE MAYOR'S ABSENCE)............................................................................................ 13

ITEM 10    STANDING COMMITTEES................................................................ 13

ITEM 11    OTHER COUNCIL COMMITTEES THAT MEET AS AND WHEN REQUIRED    15

ITEM 12    DELEGATES TO OTHER ORGANISATION - FOR THE TERM OF COUNCIL   17

ITEM 13    DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2013/14  18

ITEM 14    DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS............................................................................... 25

ITEM 15    ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES...................................................................................... 27

ITEM 16    FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS............................................... 28

ITEM 17    THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2014 POLICY............................... 29

ITEM 18    MAYORAL MINUTE - APPOINTMENTS......................................... 32

ITEM 19    GROUPING OF REPORT ADOPTION............................................ 32

ITEM 20    CONFIRMATION OF THE MINUTES............................................... 33

ITEM 21    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 33

ITEM 22    COMMUNITY SERVICES COMMITTEE MEETING...................... 34

ITEM 23    WORKS COMMITTEE MEETING..................................................... 35

ITEM 24    ANNUAL FINANCIAL STATEMENTS............................................. 35

ITEM 25    COMMUNITY VISITORS SCHEME FUNDING AGREEMENT ... 36

ITEM 26    EXTENSION OF CONTRACT FOR THE DELIVERY OF ROAD SIGNS TO CENTRAL NSW COUNCILS ............................................................ 37

ITEM 27    MANILDRA RESIDENTIAL SUBDIVISION.................................... 38

ITEM 28    CUDAL COMMUNITY HALL............................................................. 40

ITEM 29    MOLONG GOLF COURSE AND SHOWGROUND....................... 41

ITEM 30    CUDAL SWIMMING POOL S355 COMMITTEE............................ 42

ITEM 31    INTERNAL AUDIT COMMITTEE...................................................... 43

ITEM 32    RESOLUTIONS REGISTER.............................................................. 44

ITEM 33    AUSTRALIA DAY 2014...................................................................... 45

ITEM 34    POLICY DATABASE - REVIEW BY COUNCIL - 12 MONTHS FROM ELECTION................................................................................................................. 47

ITEM 35    YEOVAL ANNUAL SHOW................................................................. 47

ITEM 36    CENTRAL WEST LIBRARIES COMMITTEE MEETING - 26 JULY 2013    50

ITEM 37    ONLINE LEARNING............................................................................ 52

ITEM 38    2013 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS 56

ITEM 39    REQUEST FOR SEWER MAINS EXTENSION SUBSIDY: KIM MORONEY OF LOT 9 DP 758693 BOOMEY STREET MOLONG.................................. 57

ITEM 40    PURCHASE OF STATE RAIL OWNED LAND FOR NASHDALE RAIL OVERBRIDGE...................................................................................... 59

ITEM 41    DELEGATION OF COVENANT VARIATION REQUESTS.......... 60

ITEM 42    REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES BY LIONS CLUB OF CUDAL-CARGO FOR DA 2013/188 FOR WORKSHOP (COMMUNITY MEN'S SHED)........................................................... 61

ITEM 43    ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING  63

ITEM 44    BUSINESS PAPER ITEMS FOR NOTING...................................... 64

ITEM 45    QUESTIONS FOR NEXT MEETING................................................ 64

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      OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

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

ITEM 3      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 4      MOLONG WATER TREATMENT PLANT AUGMENTATION: D&C CHEMICAL DOSING SYSTEM

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

ITEM 5      PURCHASE OF UNIDENTIFIED RAILWAY LAND NORTH OF LOT 1 DP 745958 MOLONG

(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      LAND PURCHASE - OBLEY STREET, CUMNOCK

(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 7      CANOWINDRA CARAVAN PARK

(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 8      MOLONG SWIMMING POOL

(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 9      VOLUNTARY PURCHASE, EUGOWRA

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

 

ANNEXURE ITEMS

 

ANNEXURE 10.1  Council Committees Terms of Reference 2013 66

ANNEXURE 11.1  Council Committees that meet as and when required - Terms of Reference 2013.......................................... 72

ANNEXURE 17.1  Draft Payment of Expenses for Mayor and Councillors 2014 Policy.......................................................................... 78

ANNEXURE 20.1  August 20 2013 Council Minutes............................ 96

ANNEXURE 21.1  September 3 2013 Economic Development and Toursim Committee Report....................................................... 111

ANNEXURE 22.1  September 3 2013 Community Services Committee Report                                                                                                 114

ANNEXURE 23.1  September 3 2013 Works Committee Report 117

ANNEXURE 28.1  Cudal Community Hall Plan of Management 121

ANNEXURE 29.1  2013 Licence Agreement Molong Golf Course Showground (Golf Club)...................................................................... 137

ANNEXURE 32.1  Resolutions Reporting Register - 1 Sept 2013 167

ANNEXURE 34.1  List of Council's Policies as at 20 August 2013    168

ANNEXURE 36.1  Switch 2013 Accommodation Recommendation close to Australian Technology Park............................. 174

ANNEXURE 40.1  Annexure A...................................................................... 178

ANNEXURE 43.1  September 3 2013 Environmental Services and Sustainability Committee Report.................... 179 

 


 

 

ITEM 1 - ACKNOWLEDGEMENT OF COUNTRY

REPORT IN BRIEF

 

Reason For Report

To provide an opportunity for the Mayor to recite an Ackowledgement of Country.

Policy Implications

Required by Council's policy

Budget Implications

Nil

IPR Linkage

4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\ISSUES MANAGEMENT\ABORIGINAL INDIGENOUS AFFAIRS - 452950

 

 

Recommendation

 

THAT the Mayor recites an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy.

 

Administration Manager's REPORT

 

Council’s adopted Code of Meeting Practice policy includes reciting of an Acknowledgement of Country on “… special/formal occasions; at the September Council Meeting for the Election of Mayor & Deputy Mayor; and at other occasions at the discretion of the Mayor…”.

 

An Acknowledgement of Country is where people acknowledge and show respect for the Aboriginal Traditional Custodians of the land upon which the event/meeting is taking place. 

 

A Chair usually begins the meeting by acknowledging that the meeting is taking place in the country of the traditional owners.  It reads as follows.

 

“I would like to acknowledge that we are here today on the land of the Wiradjuri people who are the Traditional Custodians of this land.  I would also like to acknowledge the present Aboriginal and Torres Strait Islander people who may reside within this area.”

 

 

ITEM 2 - 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

IPR Linkage

4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 487068

 

 

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 3 - 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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 487072

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

General Manager's REPORT

 

A call for Declarations of Interest.

 

 

ITEM 4 - 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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 487073

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for Declarations of any Political Donations.

 

 

ITEM 5 - MAYORAL ELECTIONS PROCEDURES 2013

REPORT IN BRIEF

 

Reason For Report

Outlining procedures for the conduct of Mayoral elections.

Policy Implications

Code of Meeting Practice refers.

Budget Implications

Nil

IPR Linkage

4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 452906

 

 

Recommendation

 

THAT Council:

1.      Re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot.

2.      Determine if it wishes details of the voting for the positions of Mayor and Deputy Mayor to be made public.

 

General Manager's REPORT

 

Nominations for Mayor and Deputy Mayor

Councillors are advised that nominations for the position of Mayor and Deputy Mayor will close at 2:00pm sharp on Tuesday, 17 September 2013.  Nominations must be in writing and signed by two Councillors, one of whom may be the Nominee.  The consent for nomination must be signed by the Nominee.  Should a Councillor act as one Nominee for oneself it is most important that they also sign the consent to nomination.  Failure to do so renders the nomination invalid.

Nominations can be delivered to the General Manager or the Director of Finance and Corporate Services at the Molong Office for placement in the Ballot Box.  The General Manager will also be in attendance on Meeting Day from 9.00 am in the General Manager’s Office at the Council Chambers in Molong to accept any nominations.

Council should also indicate if it wishes details of voting to be made public.

Should Councillors have any queries in relation to any aspect of the Mayoral Elections, they are asked to contact the General Manager or the Director of Finance and Corporate Services at their convenience.

Election Procedures

The procedure for election for the positions of Mayor and Deputy Mayor is:

1.         If only one Councillor is nominated, that Councillor is elected.

2.         If more than one Councillor is nominated, the Council is to proceed by preferential ballot, by ordinary ballot or by open voting.

3.         The election is to be held at the council Meeting at which the Council resolved on the method of voting.

4.         The following definitions apply:

“Ballot” has its normal meaning of secret ballot;

“Open Voting” means voting by a show of hands or similar means.

It has been the practice in the past for Council to conduct voting by ordinary ballot where there are two (2) nominations and preferential ballot where three or more nominations are received.  Assuming Council continues with this practice the following procedure has been set down for Preferential Voting in Part 3 of Schedule 7, Election of Mayor by Councillors, in the Local Government (General) Regulation 2005.

Ordinary Voting

The ballot papers are to contain the names of both candidates.  Councillors make their vote by placing “1” against the name of the candidate they wish to see elected.  The candidate with an absolute majority of votes is deemed to be elected.

Preferential Voting - Ballot Papers and Voting

1.         The ballot papers are to contain the names of all the candidates.  The Councillors are to make their votes by placing the numbers “1”, “2”, “3” and so on against the various names so as to indicate the order of their preference for the candidates.  In accordance with Clause 9 of Schedule 7, Councillors must show their preferences for all Candidates for votes to be formal.

2.         The formality of a ballot-paper under this Part is to be determined in accordance with Clause 345 (1)(b); (1)(c) and (5) of this Regulation as if it were a ballot paper referred to in that clause.

3.         An informal ballot paper must be rejected at the count.

Count

1.         If a candidate has an absolute majority of first preference votes, that candidate is elected.

2.         If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot- papers.

3.         A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preferences is repeated until one candidate has received an absolute majority of votes.  The latter is elected.

4.         In this clause “absolute majority” in relation to votes means a number which is more than one half of the number of unexhausted formal ballot-papers.

Tied Candidates 

1.         If, on any count of votes, the numbers of votes cast for 2 candidates are equal and;

a)         those candidates are the only candidates in, the election - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected; or

b)         those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

2.         If, on any count of votes, the numbers of votes cast for 3 or more candidates are equal and the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Choosing by Lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer, so as to prevent the names being seen, the slips are mixed, (placed in a vial) and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

The result of the election (including the name of the candidate elected as mayor or deputy mayor) is:

a)         to be declared to the councillors at the council meeting at which the election is held by the returning officer, and

b)         to be delivered or sent to the Division of Local Government and to the Secretary of Local Government NSW.

 

ITEM 6 - ELECTION OF MAYOR 2013/14

REPORT IN BRIEF

 

Reason For Report

To allow for the election of Mayor for 2013/14

Policy Implications

Code of Meeting Practice refers.

Budget Implications

Nil

IPR Linkage

4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 452905

 

 

Recommendation

 

THAT the General Manager proceed with the requirements for the election of the Mayor for Cabonne Council as detailed in the Item relating to determining of requirements for the election process.

 

General Manager's REPORT

 

Following the determination by Council at the Item relating to determining of requirements for the election process, a resolution for the General Manager to proceed with the election of the Mayor is required.

 

 

ITEM 7 - ELECTION OF DEPUTY MAYOR 2013/14

REPORT IN BRIEF

 

Reason For Report

To allow for election of Deputy Mayor for 2013/14

Policy Implications

Code of Meeting Practice refers.

Budget Implications

Nil

IPR Linkage

4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 452908

 

 

Recommendation

 

THAT the General Manager proceed with the requirements for the election of the Deputy Mayor for Cabonne Council as detailed in the Item relating to determining of requirements for the election process.

 

General Manager's REPORT

 

Following the determination by Council at the Item relating to determining of requirements for the election process, a resolution for the General Manager to proceed with the election of the Deputy Mayor is required.

 

 

ITEM 8 - DESTRUCTION OF BALLOT PAPERS

REPORT IN BRIEF

 

Reason For Report

For Council to determine if it wishes the ballot papers destroyed

Policy Implications

Code of Meeting Practice refers.

Budget Implications

Nil

IPR Linkage

4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 452909

 

 

Recommendation

 

THAT Ballot Papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective Ballots.

 

General Manager's REPORT

 

Following the election of Mayor and Deputy Mayor a resolution is required as to disposal of the ballot papers.  Traditionally Cabonne Council has destroyed the Ballot papers upon the completion of formalities associated with the respective Ballots.

 

 

ITEM 9 - DELEGATION TO THE MAYOR AND DEPUTY MAYOR (IN THE MAYOR'S ABSENCE)

REPORT IN BRIEF

 

Reason For Report

To re-affirm the delegation to the successful candidates elected as Mayor and Deputy Mayor

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5 - A council that is effective and efficient.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 452912

 

 

Recommendation

 

THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Mayor (name in full to be inserted) and, where allowed, in his/her absence the Deputy Mayor (name in full to be inserted) be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

·        to incur expenditure up to the sum of $1,000 for incidental expenses, within approved votes of Council.

·        to receive a public interest disclosure in circumstances assigned to the position of Mayor in Council’s Public Interest Disclosure (Internal Reporting) Policy.

 

General Manager's REPORT

 

Following the elections for Mayor and Deputy Mayor, it is necessary for Council to re-affirm the delegation to the successful candidates.  This is in addition to such other powers as are conferred under the Local Government Act 1993.

 

 

ITEM 10 - STANDING COMMITTEES

REPORT IN BRIEF

 

Reason For Report

To determine Council’s Standing Committees’ Members for the 2013/14 Term.

Policy Implications

Consistent with Council's Code of Meeting Practice

Budget Implications

Nil

IPR Linkage

4.5.1.g - Code of Meeting Practice adhered to

Annexures

1.  Council Committees Terms of Reference 2013    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COMMITTEE MEETINGS - 452915

 

 

Recommendation

 

THAT Council determine whether to appoint Standing Committees’ core Members for the 2013/2014 year.

 

General Manager's REPORT

 

Earlier this year Council held a workshop regarding council versus committee meetings. The consensus at that time appeared to favour holding two council meetings per month in lieu of having committee meetings.

 

If this remains the consensus there would be no need to establish standing committees, alternatively council may wish to establish the committees on the basis of committees that meet as and when required.

 

If Council alters the current Panel System for the coming year it will be necessary to alter the following list of Committees accordingly.

 

Each of Council’s standing committees is constituted to deal with certain matters identified under Council’s principal activities.  Further details of the Principal Activities are included in Council’s Management Plan.   Objectives, Responsibilities and Terms of Reference for each of the previous Standing Committees are attached as an annexure to this report.  Subject to the Standing Committees adopted by Council it may be necessary to amend these objectives, responsibilities and Terms of Reference.

 

Panel A - Works Committee, Community Services Committee, Audit Committee and Rate Review Committee

 

The previous Panel A Committees consisted of the following members for the 2012/2013 year:

Clrs G Dean, I Gosper, M Hayes, M Nash, G Smith and K Walker.

 

Panel B - Environmental Services & Sustainability Committee and Economic Development & Tourism Committee

 

The previous Panel B Committees consisted of the following members for the 2012/2013 year:

Clrs J Culverson, I Davison, A Durkin, L MacSmith, G Treavors, and S Wilcox.

 

At the 2012 September meeting Council resolved that the Land Development Sub-Committee and Quarry Review Committee meet as and when required.  Accordingly these committees are addressed in the ‘meet as and when’ report.

 

ITEM 11 - OTHER COUNCIL COMMITTEES THAT MEET AS AND WHEN REQUIRED

REPORT IN BRIEF

 

Reason For Report

To determine the Committee Members for other Council Committees for the 2013/2014 year

Policy Implications

Consistent with Council's Code of Meeting Practice

Budget Implications

Nil

IPR Linkage

4.5.1.g - Code of Meeting Practice adhered to

Annexures

1.  Council Committees that meet as and when required - Terms of Reference 2013    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COMMITTEE MEETINGS - 452920

 

 

Recommendation

 

THAT Council determine the Committee Members for Council Committees that meet as and when required for the 2013/2014 year.

 

General Manager's REPORT

 

Each of Council’s committees is constituted to deal with certain matters identified under Council’s principal activities.  Further details of the Principal Activities are included in Council’s Management Plan. 

 

The Committee Members for Other Council Committees that meet as and when required for the year 2013/2014 comprised of the following:

 

1)   FLOODPLAIN MANAGEMENT COMMITTEE & DISTRICT FLOODPLAIN MANAGEMENT SUB-COMMITTEES

 

These are now disbanded as Floodplain Management Plans have been adopted.

 

2)   LOCAL GOVERNMENT WEEK COMMITTEE

 

Council’s Local Government Week Committee is constituted to consider issues such as promotion of Council’s role during Local Government Week Celebrations associated with the following principal activity of Council: Governance

 

The Local Government Week Committee consisted of Panel B: Clrs J Culverson, I Davison, A Durkin, L MacSmith, G Treavors and S Wilcox.

 

3)   FOUR TOWN SEWERAGE COMMITTEE

 

This committee was formerly a Standing Committee constituted as a means of communicating progress of the Four Town Sewerage Scheme with the community during the development phase of the Scheme.  Council maintained the Committee as a committee that meets as and when required.

 

The Four Town Sewerage Committee consisted of Panel A: Mayor (Clr I Gosper) and Clrs G Dean, M Hayes, M Nash, G Smith, and K Walker, and the Director of Engineering & Technical Services.

 

4)   HERITAGE COMMITTEE

 

This committee is an advisory committee including community representatives with a charter which identifies the purpose as: to assist Council develop and conduct heritage programs and to promote the conservation of Cabonne’s natural and built heritage.  The committee meets every two months.

 

Council’s representatives on the Heritage Committee consisted of Clr S Wilcox and the Director of Environmental Services with Clr J Culverson as the alternate delegate.  It is noted Council’s Heritage Advisor also attends plus 5 community representatives.

 

5)   AUSTRALIA DAY AWARDS COMMITTEE

 

This committee was formed following DLG advice re the technical breach of the Local Government Act in considering award winners in a Closed session of Council.

 

The committee considers nominations for Australia Day awards (including Citizen, Young Citizen and Community Group of the Year as well as the Cabonne Youth Ambassador of the Year) and recommend winners to Council.

 

The Terms of Reference for this Committee is annexed.

 

The Australia Day Awards Committee consists of all the councillors and the General Manager.

 

6)   LAND DEVELOPMENT SUB-COMMITTEE

 

Council’s Land Development Sub-Committee is constituted to consider issues such as town and village land development associated with the following principal activity of Council:  12.  ECONOMIC AFFAIRS

 

The Land Development Sub-Committee for the 2012/2013 year consisted of the Mayor (Clr I Gosper) and Clrs Nash, Davison and Culverson, Director of Environmental Services, Director of Finance and Corporate Services, Director of Engineering and Technical Services and Economic Development Manager.

 

7)   QUARRY REVIEW COMMITTEE

 

Council’s Quarry Review Committee is constituted to make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined and relating to the Molong Limestone Quarry.

 

The Terms of Reference for this Committee is annexed.

 

The Quarry Review Committee for the 2012/2013 year consisted of Clrs Gosper, Dean, Nash, MacSmith, Hayes, Wilcox, Smith, Walker and Culverson.

 

ITEM 12 - DELEGATES TO OTHER ORGANISATION - FOR THE TERM OF COUNCIL

REPORT IN BRIEF

 

Reason For Report

For Council to note its delegates to the listed organisations for the Term of Council

Policy Implications

Council's Delegates to Central Tablelands Water Policy refers

Budget Implications

Nil

IPR Linkage

4.5.1 - Provide ethical, open, accountable and transparent decision making processes.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COMMITTEE MEETINGS - 452922

 

 

Recommendation

 

THAT Council note its delegates to Central Tablelands Water, Central West Libraries and Cabonne/Orange/Blayney Enterprise Centre for the term of Council.

 

General Manager's REPORT

 

Council is required to determine its Delegates and representatives to other organisations and community organisation for the Term of Council or for each financial year.  These were determined at the September 2012 meeting for the Term of Council as.

 

1)         CENTRAL TABLELANDS WATER (CTW)

 

Council’s two delegates to Central Tablelands Water have been Clrs A Durkin and K Walker.

 

2)         CENTRAL WEST LIBRARIES (CWL)

 

Council’s two representatives to the Central West Libraries Committee have been Clr J Culverson and the General Manager, with the Administration Manager acting as alternate delegate.

 

3)         CABONNE/ORANGE/BLAYNEY ENTERPRISE CENTRE (COBEC)

 

Council’s representative to the Cabonne/Orange/Blayney Enterprise Centre Committee has been Clr I Davison, with the General Manager being an alternate delegate.

 

 

ITEM 13 - DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2013/14

REPORT IN BRIEF

 

Reason For Report

For Council to determine its Delegates and Representatives to other organisations and Community Organisations for the 2013/2014 year.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.b - Maintain strong relationships and liaise effectively with all relevant Government agencies and other councils

3.3.1.b - Actively engage in communication between Council, community interest groups and Progress Associations

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON - 452958

 

 

Recommendation

 

THAT Council Determine its Delegates and Representatives to other organisations (as listed below) for the 2013/2014 year.

 

General Manager's REPORT

 

Council is required to determine its Delegates and representatives to other organisations and community organisations for the 2013/14 year. 

 

1)         ARTS OUT WEST

Arts Out West is an organisation that gives people the opportunity to become involved at a Regional and State level with arts and cultural development in the Central West Region.

 

Council’s representative to Arts Out West has been Clr S Wilcox.

 

2)         ASSOCIATION OF MINE RELATED COUNCILS INC

The Association of Mine Related Councils is the primary lobby group for Councils affected by mining.  It also provides legal advice and networking opportunities.

 

Council’s representative on the Association of Mine Related Councils Inc. has been Clr S Wilcox with Clr I Davison as alternative delegate and the Director of Environmental Services.

 

3)         AUSTRALIA WIDE RURAL ROAD GROUP (AWRRG)

This Group’s agenda includes current issues with regional road infrastructure including “road network sustainability, and if not addressed, its direct negative implications for local industry, and the need for specific funding to close the funding gap.”  Supporting the AWRRG agenda by becoming a financial member is seen as a proactive approach to address the funding shortfall. 

 

Council’s delegates to the AWRRG Group are the Chair of the Works Committee and Clr M Hayes, with Clr Culverson as alternative delegate.

 

4)         BELUBULA RIVER JOINT COMMITTEE

The Belubula River Joint Committee is run in conjunction with Cowra Council and is responsible for river clearance and management issues on the Belubula River.

 

Council’s representative to the Belubula River Joint Committee has been Clr K Walker with Clr A Durkin as an alternative delegate.

 

5)         CABONNE CARAVAN PARK COMMITTEE

This Committee is responsible for overseeing the operation of all Cabonne Caravan Parks.  A representative of each Caravan Park is a member of the Committee: the Caretaker at Cudal, and Mangers from Molong and Canowindra. 

 

Council’s representatives on the Cabonne Caravan Park Committee have been Clrs I Gosper, G Dean and K Walker; and the Director of Engineering and Technical Services, Finance Manager, Urban Assets Coordinator and Services Overseer.

 

6)         CABONNE CONSULTATIVE COMMITTEE

The Committee is responsible for oversight of Industrial and Award matters and acts in a Consultative capacity involving Councillors, staff and senior management.

 

The Council representatives to the Cabonne Consultative Committee have been Clrs G Dean and J Culverson.

 

7)         CABONNE/ORANGE ROAD SAFETY COMMITTEE

This Committee is responsible for Road Safety in Cabonne and Orange, particularly oversight of the Road Safety Officer’s operations.

 

The Council representative to the Cabonne/Orange Road Safety Committee has been Clr G Treavors with Clr G Dean as the alternative representative.

 

8)         CABONNE COUNTRY TOURISM ADVISORY COMMITTEE

The Cabonne Country Tourism Advisory Committee aims to facilitate the development of tourism to and within the Cabonne Country.  Nominations have only just called for and the Charter requires nomination of a minimum of one Cabonne Council Councillor to this Committee.

 

Council’s representative to the Cabonne Country Tourism Advisory Committee has been Clr I Davison with Clr S Wilcox as the alternative representative.

 

9)         CADIA - MREMP COMMITTEE

This Committee has a statutory role to assess mining and environmental matters associated with Cadia Mine.

 

The Director of Environmental Services has been Council’s representative on the Cadia MREMP Committee.

 

10)      CADIA – COMMUNITY CONSULTATIVE COMMITTEE

This Committee was established in accordance with the development consent and acts as a forum for the local community to raise issues in relation to the Mine’s operation.

 

Council’s representative on the Cadia Community Consultative Committee has been the Director of Environmental Services with Clr L MacSmith as the alternative representative. 

 

11)      CANOBOLAS BUSH FIRE MANAGEMENT COMMITTEE

The Council’s of Cabonne, Orange and Blayney have combined their Bushfire Management Committees to form the Canobolas Bushfire Management Committee.

 

Council’s representatives to the Canobolas Bush Fire Management Committee have been Clr G Smith with Clr L MacSmith as alternative delegate and Council’s Director of Environmental Services.

 

12)      CANOBOLAS ZONE LIAISON COMMITTEE

The Committee has been formed to administer the Canobolas Zone Service Level Agreements.

 

Council representative to the Canobolas Zone Liaison Committee have been

Clr I Gosper with Clr L MacSmith as alternative delegate and the Director of Engineering and Technical Services.

 

13)      CANOWINDRA AGE OF FISHES MUSEUM BOARD and STRATEGIC ADVISORY COMMITTEE OF THE CANOWINDRA AGE OF FISHES MUSEUM

These are 2 community committees established to administer the Age of Fishes Museum at Canowindra. 

 

Council’s representative to the Canowindra Age of Fishes Board and Strategic Committee has been Clr A Durkin with Clr K Walker as the alternative delegate.  

 

14)      CANOWINDRA FOOD BASKET ADVISORY GROUP

The aim of this project is to supply food to the underprivileged and low income families of Canowindra.  To qualify, clients must have a current pension or health card and only one weekly entitlement per household is allowed. 

 

Council’s delegate on the Canowindra Food Basket Advisory Group has been Clr K Walker.

 

15)      CARGO ROAD USERS ASSOCIATION

This committee has been established to lobby for upgrading of Cargo Rd.

 

Council’s representative on the Cargo Road Users Association has previously been Clr L MacSmith with Clr G Dean as an alternative delegate.

 

16)      CENTRAL WEST CATCHMENT MANAGEMENT AUTHORITY (CWCMA)

The objective of the group is to establish formal and constructive relationships between Council and the CMA.

The key responsibilities of the Group’s membership are to promote natural resource management within Council and support the work of the Salinity and Water Quality Alliance.

Councillor representation on the CWCMA Local Government Reference Group Forum have been through Clr MacSmith as delegate and Clr Wilcox as alternative delegate.

 

17)      CENTRAL WEST MINING LIAISON COMMITTEE - (CABONNE/ORANGE/BLAYNEY)

This Committee has oversight of mining exploration and operations, particularly in the Cabonne, Orange and Blayney areas.

 

Council’s representative on the Central West Mining Liaison Committee for the Cabonne, Orange and Blayney area is the Mayor (Clr I Gosper) with Clr L MacSmith as the alternative delegate.

 

18)      CENTROC HEALTH WORKFORCE COMMITTEE

This Committee is responsible for monitoring Medical and Health issues in the CENTROC region.  This Committee was formed as a result of the Lachlan Medical Focus Group disbanding.

 

Council’s delegates to the CENTROC Health Workforce Committee have been Clr M Nash with the Mayor (Clr I Gosper) as the alternative delegate and the Community Services Manager.

 

19)      WESTERN NSW LOCAL HEALTH DISTRICT– CABONNE HEALTH COUNCIL

This Council is responsible for advising the Chief Executive of the Western NSW Local Health District on policies, plans and health related initiatives in the Cabonne area.

 

Council’s delegate has been Clr M Nash with Clr J Culverson as the alternative delegate.

 

20)      HACC JOINT COMMITTEE

This Committee, previously known as the Food Services Advisory Committee is responsible for advising on Food Services needs for Council’s Home and Community Care operations.

 

Council’s representative to the Cabonne Food Services Advisory Committee has been Clr K Walker with Council’s Community Services Manager as alternative delegate.

 

21)      LACHLAN REGIONAL TRANSPORT COMMITTEE

This Committee assumes a lobbying role on transport issues in the Lachlan region.

 

Council’s delegate to the Lachlan Regional Transport Committee has been Clr A Durkin with Clr K Walker as the alternative delegate and Director of Engineering and Technical Services (as and when required).

 

22)      LITTLE RIVER LANDCARE CATCHMENT MANAGEMENT

This Committee has assumed responsibility for Landcare Management issues associated with Little River in the Yeoval area.

 

Council’s representative to the Little River Landcare Group has been Clr G Smith.

 

23)      LOCAL EMERGENCY MANAGEMENT COMMITTEE

This Committee is responsible for the coordination of emergency response issues for Cabonne.

 

The representatives to the Local Emergency and Management Committee previously consisted of the Mayor (Clr I Gosper), the Director of Engineering and Technical Services as the Local Emergency Management Officer and Council’s Operations Manager as the Deputy Local Emergency Management Officer.

 

Under the new Emergency Management legislation, the General Manager is the chair of the Local Emergency Management Committee (LEMC).  At the present time the General Manager has not elected to delegate the role.  The Director of Engineering and Technical Services as the Local Emergency Management Officer and Council’s Operations Manager as the Deputy Local Emergency Management Officer will need to continue to be representatives to this committee.

 

24)      MOLONG MEDICAL COMMITTEE

This Committee is responsible for community liaison on Health and Medical issues in Molong.

 

Council’s representative on the Molong Medical Committee has been Clr M Hayes with Clr M Nash as the alternative representative.

 

25)      NOXIOUS WEEDS ADVISORY COMMITTEES

These are cooperative committees involving groups of Councils in the Lachlan and Macquarie River Catchment areas along with NSW Agriculture to oversee and advise on Noxious Weeds matters.

 

Lachlan Valley Noxious Weeds Advisory Committee

 

Clr K Walker has been Council representative on this Committee with Clr M Hayes being the alternative delegate.

 

Upper Macquarie Noxious Weeds Advisory Committee

 

Clr I Gosper has been Council’s representative on this Committee with Clr L MacSmith being the alternative delegate.

 

26)      NSW OFFICE OF WATER RURAL LANDHOLDER SUB-COMMITTEE

This sub-committee provides a consultative process for feedback to the Macquarie Pipeline Taskforce on various matters relating to the project.

Council’s representative on the NSW Office of Water Rural Landholder sub-committee has been Clr L MacSmith.

 

27)      OPHIR RESERVE TRUST BOARD

The Department of Lands has appointed a Public Trust to manage the affairs of the Ophir Reserve in lieu of an administrator.  Council nominated a position of “Councillor, Cabonne Council (ex-officio member)” to be on the Board which was ratified by the Minister for Lands.

 

Council’s representative on this Board to fill the position of ‘Councillor’ has been Clr J Culverson.

 

28)      ORANGE/MUDGEE ROAD LINK COMMITTEE

This Committee comprises representatives of Orange, Blayney, Mid Western and Bathurst Regional Councils.  Its aim is to develop a link, incorporating a bridge across the Macquarie River, between Orange and Mudgee.

 

Council’s representative on the Orange/Mudgee Road Link Committee has been Clr J Culverson with Clr S Wilcox as the alternative delegate.

 

29)      SALINITY ACTION ALLIANCE

This Committee has been established to strategically position the member Councils in order to maximise opportunities for Federal and State funding to address natural resource management and salinity in particular.

 

Council’s representatives on the Salinity Action Alliance have been Clr L MacSmith with Clr M Hayes as the alternative delegate and the Director of Environmental Services.

 

30)      SYDNEY ROADLINKS COMMITTEE

This is a regional committee with representatives from 7 Councils aimed at upgrading the Great Western Highway from the Blue Mountains through to Bathurst.

 

Council’s delegates to this Committee have been the Mayor (Clr I Gosper) with Clrs I Davison and M Hayes as the optional alternative delegates.

 

Council should note that the Director of Engineering & Technical Services also attends these meetings as an observer.

 

31)      TRAFFIC COMMITTEE

This Committee advises Council on traffic related issues in Cabonne.  It also consists of Police and RTA representatives.

 

Council’s delegate to this Committee has been Clr G Dean with the Mayor (Clr I Gosper) as the alternative delegate.

 

32)      VERTO LTD (previously known as Central West Community College)

This Committee comprises of representatives from the Central West overseeing the provision of training, employment and community services offered by Verto Ltd.

 

Council’s delegate to this Committee has been Clr S Wilcox.

 

33)      WALUWIN CENTRE GOVERNANCE COMMITTEE

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

 

Council’s delegate to this Committee has been Clr M Hayes with Clr G Smith as the alternative delegate.

 

34)      WALUWIN MOLONG HEALTHONE HEALTH SERVICES ADVISORY COMMITTEE

The key role of the Advisory Committee is to set the strategic direction for primary and community health and health related services for the community of Molong and the surrounding towns.  The Advisory Committee will oversee the HealthOne Molong Service to ensure the safe, appropriate and strategic conduct of the service occurs. 

Council’s delegate to this Committee has been Clr M Hayes with Clr M Nash as the alternative delegate.

35)      WELLINGTON/DUBBO LANDCARE MANAGEMENT

This Committee represents some sixteen (16) Landcare Groups and 400 ratepayers within the Cabonne boundary.

 

Council’s delegate to this Committee has been Clr G Smith with Clr S Wilcox as the alternative delegate.

 

 

ITEM 14 - DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS

REPORT IN BRIEF

 

Reason For Report

For Council to determine its Delegates and Representatives to other organisations and Community Organisations for the 2013/2014 year

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1 - Provide ethical, open, accountable and transparent decision making processes.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON - 452962

 

 

Recommendation

 

THAT Council determine the appointment of the delegates to Community Peak Organisations (as listed in the report), subject to the support from these Organisations for the 2013/2014 year.

 

General Manager's REPORT

 

Council is required to determine delegates to listed Community Peak Organisations, subject to the support from these Organisations for the 2013/14 year.  Previously the representatives have been:

 

Town

Organisation

Meetings

Representative

Manildra

Manildra and District Improvement Association (MADIA)

1st Wednesday of each month

Clr M Nash

(Clr M Hayes as alternate)

Cumnock

Cumnock and District Progress Association

3rd Thursday of each month

Clr G Smith

(Clr S Wilcox as alternate)

Yeoval

Yeoval and District Progress Association

1st Tuesday of each month

Clr G Smith

(Clr I Gosper as alternate)

Molong

Molong Advancement Group

1st Thursday of each month

 

Clr I Gosper

(Clr M Hayes as alternate)

Mullion Creek

Mullion Creek & District Progress Association

4th Tuesday of each month

 

Clr J Culverson

(Clr S Wilcox as alternate)

Cargo

Cargo Progress Association

1st Thursday of every second month

Clr L MacSmith

(Clr G Dean as alternate)

Nashdale/ Borenore

Proposed joint Borenore/ Nashdale Committee under consideration

Last Friday of every month

Clr I Davison

(Clr L MacSMith as alternate)

Canowindra

Canowindra Business Chamber

2nd Wednesday of each month

Clr A Durkin

(Clr K Walker as alternate)

Eugowra

Eugowra Promotion and Progress Association

2nd Tuesday of each month

Clr K Walker

(Clr G Dean as alternate)

Cudal

Cudal Progress Association

1st Tuesday of each month

Clr G Treavors

(Clr G Dean as alternate)

Spring Hill/Spring Terrace

Proposed joint Spring Hill/Spring Terrace Committee under consideration

Monthly?

Clr S Wilcox

(Clr L MacSmith as alternate)

 

 

ITEM 15 - ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES

REPORT IN BRIEF

 

Reason For Report

For Council's Information

Policy Implications

Consistent with Council's 'Payment of expenses' Policy which allows an alternate delegate to be nominated when an official delegate is unable to represent Council at functions.

Budget Implications

Nil - there is a budget provision for councillors travel expenses reimbursement

IPR Linkage

4.5.1 - Provide ethical, open, accountable and transparent decision making processes

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\AUTHORISATIONS - 452966

 

 

Recommendation

 

THAT the information be noted.

 

General Manager's REPORT

 

Council’s Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy includes a previously resolved policy that any official Council delegate is authorised to arrange for another councillor to represent Council at functions where the official delegate is unable to attend and believes that Council representation is required.

 

The councillor representing a delegate who is unable to attend may claim reimbursement of travel expenses at the prescribed rate provided that Council’s Administration Manager is advised in writing by the official delegate of the arrangements made.

 

 

ITEM 16 - FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS

REPORT IN BRIEF

 

Reason For Report

For Council to determine dates and time for regular meetings of Council and various Committees.

Policy Implications

Code of Meeting Practice refers

Budget Implications

Nil

IPR Linkage

4.5.1 - Provide ethical, open, accountable and transparent decision making processes

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 452954

 

 

Recommendation

 

THAT Council determine the date and time of regular Meetings of Council and various Committee Meetings, including adjusting the October and November Committee (Council?) meetings.

 

General Manager's REPORT

 

The current procedure is to conduct Council and Committee Meetings as follows:

 

(a)     Ordinary Council Meeting

 

The Ordinary Council Meeting be held at Council’s Molong Office on the third Tuesday in each month, commencing at 2:00 pm.

 

(b)     Committee Meetings

 

Council’s monthly Committee meetings are held on the first Tuesday of each month, fourteen (14) days prior to Council’s Ordinary Meeting.  Should this day fall on a Gazetted Public Holiday the Committee Meeting is held on the Wednesday, thirteen (13) days prior to Council’s Ordinary Meeting, in accordance with Council’s policy and Code of Meeting Practice.

 

As outlined in the report on standing Committees, Councillors have previously indicated that they wished to consider whether to continue with monthly Committee Meetings or to replace them with a second Council Meeting each month.

 

While considering the setting of meeting times and dates, consideration should be given to moving the October and November Committee (Council?) meetings, if the first and third Tuesdays remain as the meeting days. The October Committee (Council?) Meeting coincides with the LGNSW Annual Conference meaning that the Mayor, Deputy Mayor, Clr Davison and the General Manager will be absent. The first Tuesday in November is Melbourne Cup Day.

 

Council should be aware that if it wishes to change the date and time of Meetings, after setting them at this meeting, it will be necessary under Section 362(2) of the Local Government Act, 1993 to advertise changes for 28 days and allow a total of 42 days for comment, as this would represent a substantial variation in terms of Council’s Code of Meeting Practice.

 

 

ITEM 17 - THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2014 POLICY

REPORT IN BRIEF

 

Reason For Report

Councils are required to review their councillor expenses and facilities policies on an annual basis.

Policy Implications

Once adopted the final version of this policy will replace the existing Policy.

Budget Implications

Nil

IPR Linkage

4.5.1 - Provide ethical, open, accountable and transparent decision making processes

Annexures

1.  Draft Payment of Expenses for Mayor and Councillors 2014 Policy    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 452980

 

 

Recommendation

 

THAT Council:

1.   Endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2014 Policy including limits for expenses listed, with the Internet Access plan upgraded to 4GB (and resolve any amendments raised on Council meeting day).

2.   In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of (and any proposed changes to) Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2014 Policy.

3.   Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2014 Policy.

 

Administration Manager's REPORT

 

Council is required to adopt its policy relating to the payment of expenses and provision of facilities to councillors annually, within 5 months of the 30 June.  Within 28 days of adopting such a policy a copy, it is to be submitted to the Division of Local Government (DLG), even if an unchanged policy is adopted.

The DLG Guidelines relating to the annual review and adoption of this policy require that public notice be given and submissions be invited. 

If Council decides to make substantial changes they would also need to be advertised in the public notice.  The term ‘substantial’ should be taken to mean major changes to wording of the policy or changes to monetary provisions or rates that are equal to or greater than 5%.  It also means changes to the standard of the provision of equipment and facilities.  Substantial amendments to the policy that could include larger changes to monetary limits than the limit noted above, and/or major changes to the standard of provision of equipment and facilities, will require public notice of the amendment.  Any new category of expenses, facilities and equipment included in the policy will also require public notice.

Recent History

In 2011 Council adopted a policy which, with the added provision relating to councillor contributions to a complying superannuation fund, forms the basis for the current attached draft. 

In 2012 Council resolved an amendment to provide iPads and associated requirements in lieu of laptops and to remove the reimbursement of Internet access expenses as this would be a duplication.

Any further changes resolved by Council at the September 2013 meeting will need to be added prior to advertising.

Annual Limits

The draft policy contains the following table noting that Councillors Maximum Annual Expense Limits are global limits except where specified. 

 

Expense

Mayor

Deputy Mayor

Councillors *

Maximum Annual Expense Limits ($)

Agreed training

3,500

2,500

20,000

Mandatory Councillor Information session

400

400

4,000

Conferences & Seminars

5,000

3,000

20,000

Travel -Local and Out Of Area

N/A

4,000 - Council vehicle for attending out of area functions

40,000 - Council vehicle for attending out of area functions

Interstate Travel

2,000

1,500

10,000

Overseas Travel

Not Available

Not Available

Not Available

Motor Vehicle

15,000^

See “Travel - Local and Out Of Area”

See “Travel - Local and Out Of Area”

Mobile Phone

3,600

Not Available

Not Available

iPad with Internet Access plan

1GB

1GB

1GB per councillor

Stationery

200

100

1,000

Business Cards, Name tags, etc

150

150

1,500

Corporate Uniform

(50% contribution)

200 (max.)

200 (max.)

200 (max.) per councillor

Mayoral Office Refreshments

1,500

Not Available

Not Available

^ - Based on Maximum Annual Expense Limit for the Mayoral Vehicle set as $10,000 (based on 50,000kms per vehicle) with actual annual usage indicating less than 21,000kms travelled in the 2012/13 year.

* Note: Global Limits except where specified

 

Budget Allocations

Councillors should note that in the 2012/13 year the budgeted current global limits were not reached in all categories.

Due to technical difficulties the 1GB access plan has proven inadequate on a number of occasions. Although Councillors have the option to upgrade to a 4GB plan at their own cost, it would not be unreasonable to upgrade to a 4GB plan for all Councillors at Councils cost.

Submissions

In accordance with section 253 of the Local Government Act, Council must give public notice of its intention to adopt or amend a ‘councillor expenses and facilities’ policy and allow at least 28 days for public submissions.

Council must consider any submissions received and make any appropriate changes to the policy.

Because of the 28 day submission phase, a further report will need to be provided to the November Council meeting including submissions received to allow Council to adopt a final version of the Policy.  Within 28 days of adopting said policy a copy is to be submitted to the DLG.

 

ITEM 18 - 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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 487074

 

 

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 19 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.a - Provide quality administrative support and governance to councillors and residents.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2013 - 487075

 

 

Recommendation

 

THAT:

 

1.          Councillors call any items they wish to further consider

2.          Items 20 to 30 be moved and seconded.

 

 

Director of Finance and Corporate Services' REPORT

 

Item 20 to 30 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 20 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

1.  August 20 2013 Council Minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2013 - 487076

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held 20 August 2013 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on 20 August, 2013.

 

 

ITEM 21 - ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Economic Development & Tourism Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

1.  September 3 2013 Economic Development and Toursim Committee Report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2013 - 487079

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 3 September, 2013 be adopted.

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 3 September, 2013 for Council’s adoption.

 

 

ITEM 22 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Community Services Committee Recommendations.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

1.  September 3 2013 Community Services Committee Report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2013 - 487078

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 3 September, 2013 be adopted.

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 3 September, 2013 for Council’s adoption.

 

 

ITEM 23 - WORKS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of the Works Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

1.  September 3 2013 Works Committee Report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2013 - 487081

 

 

Recommendation

 

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 3 September, 2013 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 3 September, 2013 for Council’s adoption.

 

 

ITEM 24 - ANNUAL FINANCIAL STATEMENTS

REPORT IN BRIEF

 

Reason For Report

To provide a summary of the Draft 2013 Annual Financial Statements

Policy Implications

Nil

Budget Implications

NIl

IPR Linkage

4.5.1.A Provide Quality Administrative Support & Governance to Councillors & Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\2012-2013 ANNUAL FINANCIAL STATEMENTS - 495475

 

 

Recommendation

 

THAT the Mayor, Deputy Mayor, General Manager and Director of Finance & Corporate Services sign the Statement by Councillors and Management in the approved format, for both the General Purpose and Special Purpose Financial Statements.

 

Finance Manager's REPORT

 

The drafts of the Primary Financial Statements for the General Purpose and Special Purpose Reports for 2012/2013 will be tabled on the council meeting day.

 

Under Section 413 of the Local Government Act 1993, Council must prepare financial reports for each year, and must refer them for audit as soon as practicable after the end of that year.  Section 416(1) sets a maximum time limit of 4 months after the end of the year for the audit to be conducted.

 

Council’s auditor, Intentus Chartered Accountants, have undertaken their preliminary audit of Cabonne Council’s accounts for the year ended 30 June 2013.

 

Once the audit is complete a full and comprehensive report will be presented to Council by the auditor and Council will have the opportunity to question any element of the audit process.  The draft reports disclose a net operating surplus for the year of $5,341,000.00 and a surplus before capital grants of $2,398,000.00

 

As per section 413 (2) of the NSW Local Government Act 1993, a Council’s financial reports must include:

 

a)   A general purpose financial report, and

b)   Any other matter prescribed by the regulations, and

c)   A statement in the approved form by the Council as to its opinion on the general purpose financial report.

 

The signing of the Statement by Councillors and Management on the approved form, for both the General Purpose and Special Purpose Financial Statements must be completed to enable the audit report to be finalised.  This form is required to be signed by the Mayor, at least one other Councillor, the General Manager, and the Responsible Accounting Officer.  Historically the Deputy Mayor has signed as the second member of Council.

 

 

 

ITEM 25 - COMMUNITY VISITORS SCHEME FUNDING AGREEMENT

REPORT IN BRIEF

 

Reason For Report

Authority is sought for the attachment of Council's Seal to the Community Visitors Scheme Funding Agreement

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 3.2.1.b Facilitate retirement and aged care projects

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\GRANTS AND FUNDING\COMMUNITY VISITORS SCHEME - DEPARTMENT OF HEALTH and FAMILY SERVICES - 494481

 

 

Recommendation

 

THAT Council authorise the attachment of its common seal and the signing of the Community Visitors Scheme Funding agreement from the Department of Health and Ageing for the period 2013 to 2016.

 

Community Services Manager's REPORT

 

The Australian Government’s Department of Health and Ageing has   forwarded Council a new funding agreement covering the period 2013 to 2016. The funding for each year will be $15,669.00 and is to be used to fund the provision of visitors to Commonwealth funded nursing homes and hostels in Cabonne.

 

The Scheme has run in Cabonne for many years and is different to other visiting programs in that each visitor is matched to one resident who does not receive support from family or friends and will provide friendship and support to them over an extended period.

 

Funding will be used to recruit new visitors, conduct police checks, provide training and support and to reimburse incidental expenses each visitor incurs in carrying out their duties.

 

Visitors will cover the Moyne Hostel and Nursing Home at Canowindra, the Prunus Lodge Hostel at Molong and the Hazelhome Hostel and Nursing home at Yeoval.

 

ITEM 26 - EXTENSION OF CONTRACT FOR THE DELIVERY OF ROAD SIGNS TO CENTRAL NSW COUNCILS

REPORT IN BRIEF

 

Reason For Report

For council to endorse the extension of the existing contract for delivery of road signs

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5 A council that is effective and efficient

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC - 494317

 

 

Recommendation

That Council:

1.   Endorse the extension of the current road signs contract with ArtCraft and/or Road Management Solutions;

2.   Write to ArtCraft and Road Management Solutions with intention of extension; and

3.   Advise Centroc of its decision

 

Director of Engineering and Technical Services' REPORT

 

Background

 

Central NSW Councils (Centroc) has run many successful regional contracts which save members both time and money. The Centroc Supply Managers Team have resolved to proceed with another regional contract for supply and delivery of road signs.

 

A report was heard at October 2012 Council Meeting and resolved to participate in the regional contract process.

 

The current contract is progressing favorably with quarterly reviews provided at the Centroc Supply Team meetings.

 

Financial and resourcing impacts

 

Centroc has managed the process including all costs of advertising and tender assessment and will receive a management fee from the supplier to cover these costs.

 

Conclusion

 

Members of Centroc’s Supply Management Team have overseen the management of this regional contract and have resolved to take up the option to extend the contract for an additional 12 months as stated in the current contract.

 

ITEM 27 - MANILDRA RESIDENTIAL SUBDIVISION

REPORT IN BRIEF

 

Reason For Report

To classify land operational and advise council.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.1 A successful balance of village and rural living

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0193 - 491808

 

 

Recommendation

THAT Council:

1.   Note the creation of Lots 1 – 5 DP 1187720 for residential purpose.

2.   Classify Lots 1 – 5 DP 1187720 as operational.

 

Design Manager's REPORT

 

Council may remember at its 2 April 2012 Land Development Sub Committee resolving to “submit a development application for Option B” in regards to Council owned land described as Lot 100 DP 1110843.

 

“Option B” involved the creation of Lots 15 – 18 as stage 1 of a residential subdivision as shown on the map below.

 

Council staff have recently created the allotments and serviced them with reticulated water, sewer and underground power. Council staff are currently researching the marketing of the allotment and will present its recommendations to Council in a further report.

 

Council should note that Lots 15 – 18 and the residual of the above plan have been registered as Lots 1 – 5 DP 1187720 as shown in the plan below.

 

 

Clause 31 of the Local Government Act 1993 requires council to classify land acquired as either operational or community. Although these allotments have not been acquired but rather “recently created” it is of a matter of precaution Council classify the land as operational.

 

ITEM 28 - CUDAL COMMUNITY HALL

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval to place draft Plan of Management on public display.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.2 A network of viable, relevant and cultural facilities exists in Cabonne.

Annexures

1.  Cudal Community Hall Plan of Management    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\COMMUNITY HALLS - 490509

 

 

Recommendation

 

THAT Council approve the public display of the draft Plan of Management for the Cudal Community Hall.

 

Urban Assets Coordinator's REPORT

 

Late last year Council received advice from the state government (Department of Primary Industries, Catchments and Lands) that the title for the Cudal Community Hall was still in the name of the old Boree Shire Council and seeking Council advice on whether to transfer title to the state government or to Cabonne Council. Council resolved to transfer title to the name of Cabonne Council.

 

Council’s solicitor proceeded to effect the change in title but a Plan of Management was required to comply with the Local Government Act. A draft plan was prepared and given to local users of the hall for their informal comment prior to formal public display. The response just received has been positive and approval is now sought to advertise the draft plan and place it on public display.

 

Following public display and adoption of the plan it is anticipated that title for the hall can finally be changed to the name of Cabonne Council without any further difficulties.

 

 

ITEM 29 - MOLONG GOLF COURSE AND SHOWGROUND

REPORT IN BRIEF

 

Reason For Report

Seeking Council authorisation for new licence agreement replacing former lease document.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3 Sporting, recreational, Council and community facilities and services are maintained and developed.

Annexures

1.  2013 Licence Agreement Molong Golf Course Showground (Golf Club)    

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\LEASING OUT\CROWN RESERVES - OTHER - 493991

 

 

Recommendation

 

THAT Council:

 

1.  Approve the draft license for the Molong Golf Club.

2.  Authorise the General Manager and Mayor to sign and affix Council’s seal to the license.

 

Urban Assets Coordinator's REPORT

 

Council may recall that recently new licence agreements replaced a lease agreement at the Yeoval Showground and Golf Club.

 

The new licence agreements were brought in by the NSW Dept. of Lands to replace lease agreements where the use of Crown lands was shared. Lease agreements are now only for use where a party has sole use of the Crown reserve. The licence agreement document is a standard format downloaded from the department’s website.

 

Council is now preparing licence agreements for the Molong Show Society and the Molong Golf Club. The Molong Golf club has reviewed the draft licence and the club president has advised Council that the club has no objections to its implementation.

 

Council is now in a position to approve the draft licence and authorise the General Manager and Mayor to sign and seal the licence. The document will then be sent to the state government for ministerial sign off.

 

 

ITEM 30 - CUDAL SWIMMING POOL S355 COMMITTEE

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval of S355 Committee office bearers and pool supervisor for 2013/2014 swimming season.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

3.3 Sporting, recreational, Council and community facilities and services are maintained and developed.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\USAGE\COUNCIL POOLS - 495666

 

 

Recommendation

THAT Council approve the office bearers and pool supervisor as outlined   in the report.

 

 

Urban Assets Coordinator's REPORT

 

Council has received advice from the Cudal pool committee in regard to the office bearers and pool supervisor for the 2013/2014 season.

 

The office bearers are as follows:

 

Warren Upton                      President

Deborah Thornberry           Vice president

Kath Schaefer                      Secretary

Sue Whiting                         Treasurer

 

The pool supervisor for the 2013/2014 season is Gabriel Upton.

 

All of the above persons have considerable association with the swimming pool and Gabriel Upton is recognised as having performed her role very well in past seasons. 

 

 

ITEM 31 - INTERNAL AUDIT COMMITTEE

REPORT IN BRIEF

 

Reason For Report

Replacement of representative on Council's Internal Audit Committee.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.5.c - Internal Audit requirements developed.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUDIT\INTERNAL AUDIT COMMITTEE - 496816

 

 

Recommendation

 

THAT Council appoint Mr Phillip Burgett as an Independent Representative on the Internal Audit Committee.

 

Director of Finance and Corporate Services' REPORT

 

In April of this year Mr Matthew Lawrence, one of the Independent Representatives on the Council’s Internal Audit Committee suddenly passed away. Council has resolved to adopt an Internal Audit Charter and appoint an Internal Audit Committee, being made up of representatives as follows:

 

·    The Mayor and/or his/her delegate

·    Two independents – at least one with financial background/expertise

·    The General Manager as observer

·    Director Finance and Corporate Services assuming the role of secretariat to the Internal Audit Committee (responsible for coordination of the Internal Audit Committee functions and processes).

 

Council staff advertised the Committee vacancy on behalf of the WBC Alliance and one application has been received. The applicant Mr Phillip Burgett has a Bachelor of Commerce (Accounting), is a Fellow of the Institute of Chartered Accountants, a life Fellow of the Local Government Auditors Association and a registered Company Auditor. Mr Burgett has extensive experience in Audit, having retired from the Morse Group after 24 years as a partner.

 

It is recommended that Mr Burgett be appointed as an Independent Representative on the Audit Committee in place of Mr Lawrence.

 

 

ITEM 32 - RESOLUTIONS REGISTER

REPORT IN BRIEF

 

Reason For Report

To suggest an alternate method of reporting outstanding actions from Council and Committee Meetings.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a - Provide quality administrative support and governance to Councillors and residents.

Annexures

1.  Resolutions Reporting Register - 1 Sept 2013    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 496830

 

 

Recommendation

 

THAT future reports in relation to the resolutions register be made on an exception basis as outlined in the report.

 

Director of Finance and Corporate Services' REPORT

 

Council currently receives a monthly report on InfoCouncil generated matters that are provided including actions up to the previous month’s meeting resolutions. These are annexed to the Council Business Paper in the notation section. The report provides progress comments until the final action comments are added, which then show “COMPLETE” that an item has been finalised and is subsequently removed prior to the next Council meeting, with Councillors invited to raise any issues directly with the Directors.

 

Due to the size of the report with over 100 resolutions being tracked on average per month some items requiring greater attention can be overlooked, for this reason it is suggested that the reporting method be amended to be on an exception basis.

 

Attached to this report is an “Incomplete Resolutions – Summary” that has been based on an examination of the current resolutions register and the assignment of risk rating with green being low risk, amber being medium risk and red being high risk. The annexure also provides a definition of each of the criteria for assessment of risk.

 

It is proposed that from the October Council Meeting this summary will be provided together with a full listing of the high and medium risk outstanding resolutions, but omitting the low risk items to enable better scrutiny of resolutions that are not meeting the Councils set requirements. The summary will also be provided to enable Council to be aware of the total number of resolutions being tracked and the length of time they have been outstanding.

 

 

ITEM 33 - AUSTRALIA DAY 2014

REPORT IN BRIEF

 

Reason For Report

For Council to determine the format for Australia Day celebrations

Policy Implications

Australia Day Policy.  Any change would become Council's new policy

Budget Implications

Nil

IPR Linkage

4.2.1 - Provide financial support and buildings for cultural facilities and activities in Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2014 - 495321

 

 

Recommendation

 

THAT Council determine if it wishes to continue with its current policy of three year rotating cycle or proceed with a centralised Award Ceremony for Australia Day 2014 and determine the order of rotation.

 

 

Director of Finance and Corporate Services' REPORT

 

The Australia Day Council 2014 has commenced its processes for the coming year.  As this process progresses Council will need to advise the number of sites the Ambassador is to visit.  This will impact on which Ambassadors will consider attending Cabonne Australia Day celebrations with some Ambassadors preferring a centralised location whilst other happy to travel between various sites and a longer day.

Council’s current policy (adopted at the March 2010 Council meeting) is:

Visits to various Australia Day celebration events throughout the Cabonne LGA by the Official Party shall be based on a three year rotating cycle with provision for adding or deleting localities as required.”

A review was undertaken and a report submitted to the 16 July 2012 Council meeting which advised that following meetings with the Australia Day Committees for each locality it was agreed to keep in place the existing arrangement of the three year cycle for 2013.  This involved the communities of Molong, Cumnock and Eugowra.

It was also agreed that consideration of centralising the Award Ceremony would commence upon appointment of the new council.  This new initiative was to be held in addition to individual communities hosting their own community celebrations throughout the day.

The centralised Award Ceremony was to be organised and managed by Cabonne Council.

At the 16 July 2012 Council meeting it was resolved “THAT the matter of having a centralised Australia Day event be deferred for consideration by the newly elected Council.

As 2014 Australia Day arrangements are now due Council is required to determine if it wishes to proceed with a centralised Award Ceremony and determine the order of rotation or continue with its current policy of three year rotating cycle.

Council should be aware that if it changes to one centralised award ceremony, villages would only have the Official Council ceremony once every nine years.

 

Format

Year 1 - 2014

Year 2

Year 3

3 year rotating cycle

Mullion Creek, Cargo & Canowindra

Cudal, Manildra & Yeoval

Cumnock, Molong & Eugowra

Centralised

 

Council to determine from eligible sites below *

 

 

 

*Eligible sites

Cargo – Village Green

Canowindra - Memorial Park Canowindra

Cudal – Cudal Pool

Cumnock - Cumnock Bowling Club

Eugowra - Community Bowling Club

Manildra – Manildra Pool

Molong – Recreational Ground

Mullion Creek – Mullion Creek Hall

Yeoval – Yeoval Pool

 

ITEM 34 - POLICY DATABASE - REVIEW BY COUNCIL - 12 MONTHS FROM ELECTION

REPORT IN BRIEF

 

Reason For Report

For Council to review existing policies within 12 months of election.

Policy Implications

Yes - Will update Council's Policy database.

Budget Implications

Nil

IPR Linkage

4.5.1 - Provide ethical, open, accountable and transparent decision making processes

Annexures

1.  List of Council's Policies as at 20 August 2013    

File Number

\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 487221

 

 

Recommendation

 

THAT Council adopt existing policies as per the annexed list.

 

Administration Manager's REPORT

 

Council has been advised over the previous months that under s165(4) of the Local Government Act 1993:

 

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.”

 

Council is therefore required to review and readopt all of its policies (except those adopted since the last election) within the first 12 months of being elected.

 

An opportunity was provided for councillors to review all policies via their iPads and bring to the attention of the General Manager any policies which councillors proposed may be changed or deleted.  No polices were referred for consideration.

 

 

ITEM 35 - YEOVAL ANNUAL SHOW

REPORT IN BRIEF

 

Reason For Report

Consideration whether to apply for a declaration as a public holiday or local event day for the purpose of the Yeoval Show

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.a - Provide quality administrative support and governance to Councillors and Residents

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\YEOVAL ANNUAL SHOW - 491850

 

 

Recommendation

 

THAT Council consider submissions received prior to determining whether to lodge a formal application for the proclamation of 13 May 2014 as a public holiday or local event day (or part day) for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2014 Yeoval Show.

 

Administration Manager's REPORT

 

Advice has been received from the Minister for Finance and Services for the declaration of local public holidays and local event days under the Public Holidays Act 2010 (NSW).

 

Under the Public Holidays Act 2010 all local public holidays and local event days (including part days) must be declared by Order of the Minister and published on the legislation website.  Consistent with past practice, it is proposed to have the Ministerial Orders declaring the 2014 local public holidays and local event days be published by the end of December each year.

 

In determining whether to apply for a local public holiday, it is important that the Council be aware of the legislative changes that have occurred in the last several years that impact on businesses and communities located within designated public holiday areas.

 

Declaration of a Local Public Holiday Vs Local Event Day

 

Where a local public holiday is declared by the Minister a bank located in the designated holiday area will be required to close unless it holds an approval to open on the day under Part 3A of the Retail Trading Act 2008.  Shops located within the designated holiday area are free to open without restriction.

 

The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth) apply to local public holidays declared under the Public Holidays Act 2010.  This means that all employees irrespective of their former entitlements and whose place of work is within a local public holiday area will be entitled to be absent from work on the day or part day that is the local public holiday or part holiday.  In addition, employees who work on the day or part day may then have an entitlement to penalty rates under a relevant award where previously that entitlement may not have existed.

 

In considering an application to the Minister for a local public holiday or part day, Council is expected to consult with the affected community and other relevant stakeholders, as to the impact of a local public holiday or part holiday on businesses located within your local government area.

 

As part of that consultation, Council may consider the option of a local event day declaration instead of a public holiday or part day.

 

Relevance in Cabonne LGA

 

The only event in the Cabonne LGA relevant to this matter is the Yeoval Annual Show to be held Tuesday 13 May 2014 for which application for proclamation as a Public holiday has been received. 

 

Background

 

Council at its November 2011 considered a report regarding a request for a public holiday to be declared in Yeoval for the purpose of the last Yeoval Show and resolved to lodge a formal application as a Local Event Day due to consideration of the impost on local businesses.  However due to representations from parts of the Yeoval community that the day be declared as a public holiday, as has been tradition, so that all local school children, school staff and businesses can be involved in the annual Show Council at its March 2012 meeting resolved to apply for the proclamation of a public holiday on the occasion of the 2012 Yeoval Show.

 

In 2012 Council received various submissions for its consideration of an application for the 2013 Show.  This included submissions from the Yeoval P A & H Society Inc and Yeoval Show Society together with 21 individual submissions (20 on a pro forma letter) all submitting that the day be declared a Public Holiday.  The schools although invited to make submissions did not respond.

Council resolved accordingly.

2014 Show

 

A Public Notice was placed in the Central Western Daily and the Yeoval Satellite Weekly and a media release was issued requesting submissions for Council’s consideration in relation to whether a Public Holiday or Local Event Day (part day) should be applied for.  Identified stakeholders have been specifically invited to make submissions.

 

A submission has already been received from the Australian Hotels Association (NSW) on behalf of its members that has expressed concern regarding the impact of the local public holiday in increasingly tight economic conditions.  The primary concern of their members is that hospitality businesses in the Cabonne Council LGA will once again be required to pay employees penalties up to 275% of the base rate of pay if the event is declared a local public holiday.

 

Alternatively, the association submits that consideration be given to seeking the gazettal of a “part day public holiday” which is sufficient for the purposes of the event, but not unnecessarily impacting upon local hospitality businesses in the Cabonne Council area though the application of public holiday penalty rates up to midnight.  In this respect, the Association submits a part-day public holiday applying during business hours from 9:00am to 5:00pm is appropriate.

 

The proposals are, in the association’s view, an equitable and common sense approach to balancing the local significance of the event with the significant financial impost on many small businesses in our area.

 

It should be noted that the Show operates from 8:30am to 7:00pm and Peter Boland, Legal Services Branch, NSW Industrial Relation has confirmed that a part day Public Holiday for these hours is possible.

 

Additionally any submissions received by the closing date 12 September 2013 will be provided by an emailed late report on Friday 13 September 2013.

 

 

ITEM 36 - CENTRAL WEST LIBRARIES COMMITTEE MEETING - 26 JULY 2013

REPORT IN BRIEF

 

Reason For Report

To provide an update of resolutions from the minutes thereof.

Policy Implications

Attendance at conferences to be approved at Council meeting when possible in keeping with Council policy.

Budget Implications

Councillor's expenses provision

IPR Linkage

3.3.2.b - Participate in decision making processes and initiatives of CWL

Annexures

1.  Switch 2013 Accommodation Recommendation close to Australian Technology Park    

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\CENTRAL WEST LIBRARIES - 494888

 

 

Recommendation

 

THAT Council:

 

1.    Authorise signature of the Central West Libraries Joint Agreement when received.

2.    Write to local members of State Parliament concerning the lack of public library funding based on discussion points to be provided by Central West Libraries staff.

3.    Authorise attendance by Council’s CWL delegates at the next meeting of Public Libraries NSW Central West Zone in Dubbo on 1 November 2013.

4.    Consider whether it wishes to authorise delegates to attend the Public Libraries NSW Annual Conference and AGM in Sydney from 24 - 26 November. 

 

Administration Manager's REPORT

 

The 26 July 2013 meeting of the CWL Committee was attended by Clr J Culverson (chairperson of the committee) and the Administration Manager (as alternate delegate to the General Manager).

 

Noteworthy items include:

 

Central West Libraries Draft Joint Agreement (Item 3)

Council received a report to its June meeting and resolved to authorise its delegates to vote in favour of the Joint Agreement.

 

The Joint Agreement was adopted with the only issue having clarification made re point 10.4 which reads:  “The Administering Council is to use its best endeavours to ensure that our annual budget is adopted by 30 June in each year.”

 

It was agreed that Orange City Council prepares the document on behalf of Central West Libraries and the Central West Library Committee adopts the budget on behalf of member Councils.

 

The Joint Agreement will now be sent to all member councils for signing.

 

NSW Public Library Funding (Item 6)

All member councils are requested to write to their Local Member of State Parliament concerning the lack of public library funding.  Discussion points relevant to each Local Government Association will be prepared by library staff and sent to member councils to facilitate this.

 

Public Libraries NSW (Item 10)

The next meeting of Public Libraries NSW Central West Zone will now be held in Dubbo on 1 November 2013 not 6 September as previously advised.  When the Agenda is finalised by the Zone Chairman and Secretary it will be forwarded to all Committee delegates and members immediately it is available by CWL.

 

The Public Libraries NSW Annual Conference will be held in Sydney from Sunday 24 to Tuesday 26 November.  This will include the Public Libraries NSW Annual General Meeting on Sunday 24 November.  All member councils are encouraged to send delegates.  Further details are available on the website www.nswmpla.org.au with a link to 'Switch'.

 

Attendance costs for the Sydney event(s) are:

 

Earlybird* registration rate $330.00 + GST

Earlybird* One Day Monday or Tuesday $175.00 + GST

Standard registration after this date $380.00 + GST

Standard One Day Monday or Tuesday $220.00 + GST

Conference Dinner $120.00 + GST

Library Study Tour $50.00 + GST (Wednesday)

*- Earlybird extended until 23 September 2013

 

The accommodation / parking costs for the Sydney would be in the range of $195 to $240 per night as per the attachment subject to availability plus parking $30 max daily rate.

 

 

ITEM 37 - ONLINE LEARNING

REPORT IN BRIEF

 

Reason For Report

That Council endorse a regional online training contract with Cubic Consulting for the entire workforce

Policy Implications

Nil

Budget Implications

$10,000 initially and then $5000 p.a after first year

IPR Linkage

 4.5.1.a - Provide Quality Administrative Support and Governance to Council

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\PERSONNEL\TRAINING AND DEVELOPMENT - 496440

 

 

Recommendation

 

THAT Council:

 

1.   Endorse a regional Online Training contract with Cubic Consulting for the entire council workforce; and

 

2.   Notify Centroc of their decision.

 

 

Human Resources Officer's REPORT

 

This report seeks Council’s resolve to participate in a regional contract for online training through Central NSW Councils (Centroc).

 

The following report provides background advice regarding Centroc’s Compliance and Cost Savings Program, the Centroc Regional Training Service and Human Resources Team, as well as the feedback on the regional trial of online training which was carried out from November 2012 to July 2013 and participated in by four Centroc member councils (Bathurst, Oberon, Orange and Lithgow).

 

Background on the Centroc Compliance and Cost Savings Program

 

To support member operations, a three year Compliance and Cost Savings Program has been created to add better value to members and generate more cost savings to individual councils. The program is being funded in part from the Centroc surplus and comes at no extra cost to members.

 

The objective of the program is to drive initiatives across the region to reduce Council costs through

•     providing a regional approach to compliance with State and Federal legislation thereby reducing costs to member Councils

•     trialling with the intent to implement products and services to reduce costs and

•     implementing regional contracts to reduce costs through group purchasing

 

At the completion of the three years, the aim is to have the Compliance and Cost Savings Program be self funding through the revolving cost savings fund. A percentage of each member Council’s savings will be placed back into the program in order to continue to provide further funds for Centroc. The Board resolved to take this approach rather than increasing fees for members. A full report on how this works was provided to members in February 2009 and is available upon request.

 

The program has been in operation since 14 December 2009 and over $2,000,000 of savings to the region have been realised through a variety of programs including the Regional Training Service, desktop telephony audit, on site telephony audit at some councils, diesel tax rebate audit and a desktop electricity review.

 

Background on the Online Training Trial

 

At its meeting in April 2012, the HR Team agreed that an Online Training trial should take place in a small number of councils with a view of rolling the program out regionally after the trial period. 

 

A number of factors led to the conclusion that Online Training would be a benefit to Centroc councils. These benefits were detailed to the HR Managers team and include:

·    no travel costs;

·    no costs to hire external training providers;

·    no internal training resources;

·    increased accountability through online tracking of trainee achievements;

·    reduced time spent on the identification and supply of relevant content and

·    reduced time spent on administration and facilitation.

 

It was recommended to GMAC that a Request for Tender (RFT) process be undertaken to ensure compliance with the DLG guidelines around procurement.

 

Cubic Consulting was awarded the tender for the Online Training Trial.

 

The Trial

 

Bathurst Regional, Orange City, Lithgow City and Oberon Councils were all involved in the Online Training Trial. An online portal was developed through Cubic Consulting and their portal developer DOTS with each individual Council having their own branded portal after a central login page. Participating councils supplied DOTS information regarding their Council structures and employee details to be uploaded into the system.

 

The Courses

 

Six courses were available for the purposes of the trial through the online portal:

·    Alcohol and Other Drugs – this course was adapted from courseware that Cubic Consulting had originally developed and implemented through Hornsby Council. The trial councils discovered that the course content was not in line with their own Alcohol and Other Drugs policies and were not happy to roll this course out to their employees. At present, a more suitable course is being developed by Cubic Consulting with direction from the trial councils HR and WHS staff. This course should be functional by the end of May 2013

·    Code of Conduct – This course was developed by Cubic Consulting to reflect the new model code of conduct which was released on 1 March 2013

·    Privacy - Courseware built by Cubic Consulting based on LG NSW course

·    Equal Employment Opportunity – Courseware built by Cubic Consulting based on LG NSW course

·    Bullying and Harassment - Courseware built by Cubic Consulting based on LG NSW course

·    Workplace Health and Safety – the WHS course was collaboratively built by Cubic Consulting and the trial councils based on the Centroc WHS Induction booklet. WHS and HR staff were involved in the development with Bathurst Regional Council and Oberon Council staff featuring in photographs in the course. The WHS course was finalised on 3 July and is now being rolled out to staff.

 

Feedback from Trial Councils

 

A survey was distributed to HR staff at the four trial councils to gauge their feedback on the use of the system from an administrator’s point of view. The results from the survey were positive with all trial councils recommending that other Centroc member councils become a part of the regional contract.

 

While a formal survey wasn’t issued to online training participants, informal feedback was overwhelmingly positive on both course content and the use of the system.

 

Lessons Learnt from the Trial

 

One of the aims of the trial was to iron out any issues that may arise, so that there was a smooth process for a regional roll out. Some of the lessons learnt throughout the trial include:

 

·    The same person must be involved as an ‘administrator’ from the start of the project, whether it be the HR Officer who will be using the program for enrolments and reporting, this person must be involved throughout to ensure adequate training is provided;

·    Some council’s found the system hard to use during the trial and with Centroc and Cubic staff helping these councils through the process as well as weekly teleconferences with the trial team their issues have been worked through. There will also be the opportunity for further training in the system through the regional roll out of online training.

·    Systems need to be in place at each council for computer terminals to be available for outdoor staff to be able to utilise the training; and

·    The courses are a mixture of both visual and audio – computers at council must be able to play audio with it becoming clear during the trial that disposable head phones were needed to be purchased.

Costs

 

The below table shows the costs that are involved in the Online Training Contract if all council staff are signed up to the program. Cubic Consulting was able to maintain the costs that were used for the trial.

 

Cost

Frequency

One off setup cost

$5000 +GST

One off fee at start of accessing the service

Access Fee for 6 courses

$52.50 +GST

Per year and per staff member

Admin Fee

$12 +GST

Per person cost on completion of a course

 

The cost per person per completed course works out to be $20.75 taking into account the yearly access fee and the course completion admin fee.

 

If Councils are planning to only roll out the courses to staff every two years the cost per person per completed course works out to be $29.50

 

This pricing is based on a regional procurement bulk discount offered by Cubic Consulting which will only apply if the whole of Councils workforce is signed up to Online Training. If Council wishes to only sign up a portion of their workforce the costs could increase to $52.00 per person per completed course.

 

Comparison with other online training options

 

Below is a table of comparative costs for face to face training, online training through a different provider and online training through Centroc as a per person cost.

 

 

Type of Course

Method of Delivery

Bullying and Harassment

Code of Conduct

EEO

Privacy

WHS

AOD

 Face to Face training provider

$94

$250

$250

$250

$250

$242

Other online training provider

-

$40

$40

$40

$50

$40

Centroc Online Courses (rolled out each year to entire workforce)

$20.75

$20.75

$20.75

$20.75

$20.75

$20.75

Centroc Online Courses (rolled out every two years to entire workforce)

$29.50

$29.50

$29.50

$29.50

$29.50

$29.50

 

 

ITEM 38 - 2013 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

REPORT IN BRIEF

 

Reason For Report

Council to nominate delegates for the 2013 road congress

Policy Implications

Nil

Budget Implications

Air fares, accommodation and conference fees.

IPR Linkage

1.4 - Transport infrastructure meets agricultural needs to get goods to and from market.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 496090

 

 

Recommendation

 

THAT Council nominate delegates to attend the 2013 National Local Roads Congress.

 

Director of Engineering and Technical Services' REPORT

 

The 2013 National Local Roads and Transport Congress will be held in Alice Springs, 12 to 14 November.

 

Council has a standing resolution to have a delegate or delegates to attend the annual National Local Roads and Transport Congress. This forum provides Local Government across Australia a forum to address the funding gap for local roads and the transport task.

 

Council receives $900,000 annually from the Road to Recovery program and represents a substantial component of the roads infrastructure improvement and renewal program.

 

The Roads to Recovery program has been extended to 2019, support for the National local roads forum is essential to ensure the R2R program is on-going.

 

Cabonne delegation in previous years has included the Mayor (or alternate) and the Director of Engineering and Technical Services (DETS). As Council would be aware the DETS position is being advertised with the current Director announcing his retirement at the end of the year.

 

Council may wish to consider an alternate for the Engineering and Technical Services Department should the Directors position not be filled at the time.

 

 

ITEM 39 - REQUEST FOR SEWER MAINS EXTENSION SUBSIDY: KIM MORONEY OF LOT 9 DP 758693 BOOMEY STREET MOLONG

REPORT IN BRIEF

 

Reason For Report

Council to consider the request of Ms Kim Moroney to be awarded a 50% subsidy to the cost of sewer mains extension to a new allotment within the Molong General Residential Zone.

Policy Implications

The request is consistent with the Cabonne Sewer Policy. Under the policy, a person may request for a 50% subsidy up to an amount of $5,000 for sewer mains extension to connect an allotment in the General Residential Zone (R1).

Budget Implications

$750

IPR Linkage

5.3 Sustainable waste management practices are in place across Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\REPORTING - 495982

 

 

Recommendation

 

THAT Council approve the 50% subsidy with an upper limit of $5,000 to Ms Kim Moroney for the sewer mains extension that will enable her to connect the property at Boomey Street, Molong (Lot 9 DP 758693 Section 13) to Council’s sewer network.

 

 

Operations Manager - Urban Services and Utilities' REPORT

 

Ms Kim Moroney has made a submission to Council to obtain a 50% subsidy for the sewer mains extension which is required to service her property in Molong.

The property is located at Boomey Street Molong (Lot 9 DP 758693 Section 13), which is designated R1 General Residential Zone as defined in the Cabonne LEP. The sewer mains will have to be extended a distance of 10m. According to Council’s Fees and Charges 2013/2014, this would be at a cost of $1,500 (quoted to Kim Moroney Doc ID 490171, dated 8th Aug 2013).

Kim Moroney’s request is consistent with the Cabonne Sewer Policy, which states that the cost of sewer mains extension to service an existing block within the general residential/village zone may be subsidised 50% up to a total amount of $5,000 provided funds are available.

It is recommended that Council approve the 50% subsidy to Kim Moroney for the sewer mains extension that will enable her to connect the property at Boomey Street Molong (Lot 9 DP 758693 Section 13) to Council’s sewer network.

 

 

ITEM 40 - PURCHASE OF STATE RAIL OWNED LAND FOR NASHDALE RAIL OVERBRIDGE

REPORT IN BRIEF

 

Reason For Report

For Council to approve the purchase of 187.4m2 of State rail owned land

Policy Implications

3rd party legal costs
land aquisitions

Budget Implications

Funded from grant funding.

IPR Linkage

4.5 - A Council that is effective and efficient

Annexures

1.  Annexure A    

File Number

\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ACQUISITION\NASHDALE RAIL OVERDRIVE BRIDGE -  ACQUISITION FOR ROAD PURPOSES - STATE RAIL - 494405

 

 

Recommendation

 

THAT Council:

 

1.  Compensate the owners of Lot 2 DP 109486 the sum of $2000 for the acquisition of the subject land;

2.  Pay all legal, survey, production and plan lodgment costs associated with the purchase of the land;

3.  Affix the common seal to the documents associated with the purchase of the land; and

4.  Classify the land as operational.

 

Design Manager's REPORT

 

Council may recall at its 16 July 2012 meeting resolving to purchase privately owned land for the new road alignment for Nashdale overbridge.

 

As part of the July report it was noted that, Council should note a further purchase of  447.5 m2 of Lot 2 DP 109486 , land owned by the State Rail Authority will be required to legalise the new road reserve. Council staff are currently obtaining valuations for the subject land. A resolution for the purchase of this land will be required from Council in a later report.”

 

Council staff have found that the initial estimate of 447.5m2 of State Rail land was incorrect and it is actually 187.4m2 (see Annexure A). Council staff have obtained a valuation for the subject 187.4m2 of land at $2000 and submitted the necessary paperwork to John Holland Rail to start the process for the purchase of the land. The original project funding from the State Government, via the RMS, is adequate to accommodate the additional $2000.

 

It is anticipated the process of acquiring the land will take John Holland and State Rail a considerable amount of time but Council should be aware that the acquisition will not delay the construction of the bridge.

 

 

ITEM 41 - DELEGATION OF COVENANT VARIATION REQUESTS

REPORT IN BRIEF

 

Reason For Report

To seek council approval for administration of requests from land owners to vary terms of covenants applying to land to which council is identified as the relevant administration authority

Policy Implications

A procedure is required to enable council administration of its functions in certain instances where it is the responsible authority for the administration of land use covenants

Budget Implications

Nil

IPR Linkage

4.5.3a To provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2008\03-2008-0158 - 496212

 

 

Recommendation

 

THAT Council:

 

1.  Approve the variation of terms of covenant applying to Lot 203 DP 1064871, 12 Thomas Kite Lane, Windera, to permit  construction of a colorbond clad garage, and

2.  Grant delegation to the General Manager to determine individual applications for variation or modification to restrictive covenants at Windera where council is identified as the authority empowered to release, vary or modify such covenant restrictions, subject to such action being consistent with the existing character of development within the area.

 

Director of Environmental Services' REPORT

 

The Windera Estate, located off the Mitchell Highway north west of Orange was developed by Daytime Pty Ltd, who placed a series of restrictive covenants upon the titles of each allotment created within the rural residential estate. The covenants were implemented to establish a particular style and character for the development of the estate. The covenants relate to the minimum size of a dwelling, its location and the external construction materials to be used for any structure upon the subject land. Further restrictions apply to landuse including restrictions to livestock keeping and the storage or certain plant and machinery upon the allotments.

 

The covenants are imposed in such a manner that in the event of the developer ceasing to own land in the estate, or upon dissolution of the developer’s company, the authority to regulate the terms of the covenants passes to Cabonne Council.

 

As Daytime Pty Ltd has ceased to operate the authority to modify, release or vary any covenant affecting the Windera Estate has defaulted to council. (It should be noted that similar transfer of authority arrangements made by various developers are likely to exist for rural residential estates located in the Clifton Grove / Mullion Creek area also.)

 

Council has received a request to modify a development consent issued in May 2008 for a dwelling and garage to be established upon Lot 203 DP 1064871 Thomas Kite Lane, Windera. The applicant seeks to amend the application by altering the external material of the proposed garage from rendered brick walls to colorbond walls. In seeking such amendment the applicant is required to also seek approval from the authority having control of the land covenants to vary  the requirement for all dwellings and garages to be constructed of either ‘brick, stone, timber or rendered finish and/or any other material approved in writing by Daytime Pty Ltd or its successors’.

 

There has been a series of approvals issued by the developer over the life of the estate permitting use of colorbond for garages and storage sheds. The current modification application is not inconsistent with the development pattern of the estate and it is recommended that council support the request.

 

To ensure that the prompt assessment of development applications can be maintained it is suggested that council consider delegating authority to the General Manager to determine requests for variation or modification of terms of covenants for developments upon rural residential estates such as Windera where council is deemed to be the authority empowered to authorise any such variations or modifications. Typically such requests relate to use of particular building materials and locations of structures upon the subject land. Where such matters can be assessed based upon the existing character of development within an area, and such matters are lawful within the provisions of the planning and building codes, it is suggested that expedient determination by the General Manager of such requests would be appropriate.

 

ITEM 42 - REQUEST FOR REIMBURSEMENT OF DEVELOPMENT APPLICATION FEES BY LIONS CLUB OF CUDAL-CARGO FOR DA 2013/188 FOR WORKSHOP (COMMUNITY MEN'S SHED)

REPORT IN BRIEF

 

Reason For Report

To obtain council approval for the donation of $360.00 as reimbursement for Development Application fees paid with DA 2013/188 for a Workshop (Community Men's Shed) on Lot 1 DP 334360, Molong Street, Cargo

Policy Implications

Nil

Budget Implications

Donation to be facilitated from Council's s365 budget

IPR Linkage

4.5.3.a Provide efficient and effective development assessment

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0188 - 494948

 

 

Recommendation

 

THAT Council donate $360.00 from its s 365 budget to Lions Club of Cudal-Cargo being the amount equivalent to development application fees paid in association with DA 2013/188 for Workshop (Community Men’s Shed) on Lot 1 DP 334360, Molong Street, Cargo.

 

Senior Town Planner's REPORT

 

Council has received correspondence from Lions Club of Cudal-Cargo seeking reimbursement of fees paid for the lodgement of DA 2013/188 for Workshop (Community Men’s Shed). The Lions Club of Cudal-Cargo is a not-for profit community organisation and seeks reimbursement of all fees paid being $722.29. The reimbursement of total fees is not in accordance with Council’s donation policy.

 

The development application fee of $722.29 comprised the following:-

·    $245.00 DA fee

·    $115.00 Construction Certificate fee

·    $300.00 Inspections

·    $105.00 long Service Levy

 

The DA for this application has been approved and consent granted on 7 August 2013.

 

Council’s Donation policy (dated 17 December 2012) includes the following procedural statements:

 

1.   Development Application (DA) fees

Council will donate an amount equal to refunding the actual amounts paid as Council DA fees and charges, as defined, in instances relating to Council owned/controlled or Crown Land where the improvement would become a Council Asset.

 

Any requests for a refund/donation of DA fees by Not-For-Profit/Community Organisations will be submitted for consideration by Council with the amount to be refunded/donated to be determined on a case by case basis.

 

For clarity it is noted the following fees are not eligible for donation: statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

 

All fees associated with development applications, construction certificate applications and complying development applications are to be paid with the application. Requests for refund of DA fees are to be made in writing on the prescribed form, stating the grounds or reasons justifying why Council should donate an amount equal to the relevant fees.

 

Fees to be donated back to the applicant will only be donated after determination of the relevant application.

 

Council staff may process any such requests within the limits of the policy. Any requests exceeding the policy are to be reported to Council for consideration.

 

Based on the above procedural statements only the fee of $360.00 would be considered for donation back to the applicant, that being $245.00 for DA fee and $115.00 for Construction Certificate. 

 

 

ITEM 43 - ENVIRONMENTAL SERVICES & 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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

1.  September 3 2013 Environmental Services and Sustainability Committee Report    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2013 - 487086

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 3 September, 2013 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 3 September, 2013.

 

 

ITEM 44 - 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

IPR Linkage

 4.5.1.f - Code of Meeting Practice adopted and implemented.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 487091

 

 

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 it Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

ITEM 45 - 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

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.a - Provide quality administrative support and governance to councillors and residents.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 487092

 

 

Recommendation

 

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

 

Director of Finance and Corporate Services' 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 10 Ordinary Meeting 17 September 2013

Item 10 - Annexure 1

 

Cabonne Council – Terms of Reference – Standing Committees

 

AUDIT COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Finance & Corporate Services.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Financial (including budgetary)

·    Investments

·    Current assets

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.   To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.   To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.


 

COMMUNITY SERVICES

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager, Director of Finance & Corporate Services and Community Services Manager.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Health & medical services to the community

·    Community housing

·    Home & Community Care services

·    Family Day Care services

·    Community Transport services

·    Access & Equity

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.


 

ENVIRONMENTAL SERVICES & SUSTAINABILITY

 

Objectives:               To consider planning, health and building, and environmental matters.

 

Responsibilities:   

1.           Pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, this Committee is authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

a)        Assess and determine development applications for approval conditionally or unconditionally under the Environmental Planning and Assessment Act 1979 (as amended) following consideration of a report submitted by Council’s Environmental Services staff.

 

b)        Determine the preparation and making of draft Local Environmental Plans or Development Control Plans.

 

c)         Determine applications for Designated Development.

 

2.           To make recommendations to Council on any matters other then the above referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Refused Development applications

·    Cemeteries

·    Environmental Health

·    Waste Management services

·    Animal Control

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of staff, together with relevant information from third parties and to make determinations based on same in accord with its responsibilities; and make recommendations to Council on other matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.


 

ECONOMIC DEVELOPMENT & TOURISM COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager, Director of Finance & Corporate Services, Economic Development Manager, and Promotion Tourism Officer.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Encourage, facilitate and support the economic viability of the Cabonne region

·    Land development

·    Promotion and support of tourism development

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.

 


 

RATE REVIEW COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Finance & Corporate Services.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    General Purpose Revenue

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.

 


 

WORKS COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Engineering & Technical Services.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    The development and monitoring of all works programs

·    Assets management of Council’s civil infrastructure

·    Water supply services

·    Sewerage services

·    Mechanical asset management

·    Town & village enhancement

·    Road safety

·    Noxious Weed control

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.

 

 

 


Item 11 Ordinary Meeting 17 September 2013

Item 11 - Annexure 1

 

Cabonne Council – Terms of Reference – Standing Committees

 

AUDIT COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Finance & Corporate Services.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Financial (including budgetary)

·    Investments

·    Current assets

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.   To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.   To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.


 

COMMUNITY SERVICES

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager, Director of Finance & Corporate Services and Community Services Manager.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Health & medical services to the community

·    Community housing

·    Home & Community Care services

·    Family Day Care services

·    Community Transport services

·    Access & Equity

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.


 

ENVIRONMENTAL SERVICES & SUSTAINABILITY

 

Objectives:               To consider planning, health and building, and environmental matters.

 

Responsibilities:   

1.           Pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, this Committee is authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

a)        Assess and determine development applications for approval conditionally or unconditionally under the Environmental Planning and Assessment Act 1979 (as amended) following consideration of a report submitted by Council’s Environmental Services staff.

 

b)        Determine the preparation and making of draft Local Environmental Plans or Development Control Plans.

 

c)         Determine applications for Designated Development.

 

2.           To make recommendations to Council on any matters other then the above referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Refused Development applications

·    Cemeteries

·    Environmental Health

·    Waste Management services

·    Animal Control

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of staff, together with relevant information from third parties and to make determinations based on same in accord with its responsibilities; and make recommendations to Council on other matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.


 

ECONOMIC DEVELOPMENT & TOURISM COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager, Director of Finance & Corporate Services, Economic Development Manager, and Promotion Tourism Officer.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    Encourage, facilitate and support the economic viability of the Cabonne region

·    Land development

·    Promotion and support of tourism development

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.

 


 

RATE REVIEW COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Finance & Corporate Services.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    General Purpose Revenue

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.

 


 

WORKS COMMITTEE

 

Objectives:                 To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Engineering & Technical Services.

 

Responsibilities:      To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:

 

·    The development and monitoring of all works programs

·    Assets management of Council’s civil infrastructure

·    Water supply services

·    Sewerage services

·    Mechanical asset management

·    Town & village enhancement

·    Road safety

·    Noxious Weed control

·    Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.

·    Other matters that may be from time to time referred by Council.

 

Terms of Reference:

 

1.         To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.

 

2.         To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.

 

 

 


Item 17 Ordinary Meeting 17 September 2013

Item 17 - Annexure 1

 



















Item 20 Ordinary Meeting 17 September 2013

Item 20 - Annexure 1

 
















Item 21 Ordinary Meeting 17 September 2013

Item 21 - Annexure 1

 




Item 22 Ordinary Meeting 17 September 2013

Item 22 - Annexure 1

 




Item 23 Ordinary Meeting 17 September 2013

Item 23 - Annexure 1

 





Item 28 Ordinary Meeting 17 September 2013

Item 28 - Annexure 1

 

 

 

 

CUDAL COMMUNITY HALL

 

PLAN OF MANAGEMENT

 

 

 

 

Denis O’Brien

2013

 

 

 

 

 

Contents

 

1.0    Purpose of the Plan of Management                                                       3

2.0    Plan structure                                                                             3

3.0    Background                                                                                          3

3.1    Site description                                                                            3

3.2    Hall description                                                                            3

3.3    Current hall use                                                                            3

3.4    Level of use                                                                                           4

3.5    Land category

4.0    The brief                                                                                       4

4.1    Planning goals                                                                             4

4.2    Outcomes                                                                                      4

4.3    Responsible staff                                                                                  4

4.4    Budget                                                                                           4

5.0    Local Government Act 1993 Requirements                                          5

5.1    Section 38         Public notice of POM drafts                                              6

5.2    Section 43         Public availability of POMs                                                6

6.0    Purpose of the Plan of Management                                                       7

6.1    Scope of this plan                                                                                 7

7.0    Plan of management area                                                                 7

8.0    Management history                                                                           8

8.1    Main hall users                                                                             8

8.2    Purposes and use of the land and building                                      8

9.0    Scale and intensity of land use and development                              9

9.1    Scale and intensity of future land use and development                         9

11.0  Values statement                                                                                 10

11.1  Safe use of hall                                                                            10

11.2  Social value                                                                                           10

11.3  Cultural value                                                                               10

12.0  Issues statement                                                                                 10

12.1  Safe use of hall                                                                            10

12.2  Social value                                                                                           10

12.3  Cultural value                                                                               10

13.0  Objectives for Cudal Community Hall                                                    10

14.0  Priorities                                                                                       11

15.0  Key performance indicators                                                             11

15.1  Safe and healthy buildings                                                                  11

15.2  Standard of facilities                                                                    11

15.3  Heritage listing                                                                             12

16.0  Assets register                                                                                     12

 

Photos                                                                                                    13

 

 

 

         

 

 

         

1.0    Purpose of the Plan of Management in brief

The purpose of the plan of management is to provide:

·    A guide to the long term management of the Cudal Community Hall

·    Establishment of priorities

·    Establishment of goals

·    Establishment of Values, Issues and Key Performance Indicators

·    Identification of assets

 

 

 

2.0    Plan structure

The plan consists of three parts

·    Planning document

·    Aims, strategies and Key Performance Indicators

·    Assets

 

 

 

3.0    Background

The hall is located on the main road passing through Cudal. It is located on a parcel of land Lot 1 DP935937 on the corner of Main Street and Smith Street in Cudal. Cudal is approximately 40km west of Orange in central western NSW.

 

3.1    Site Description

The land parcel is a level block of approximately 1012 m2. The hall occupies about half of the land area. Some small storage sheds are located at the rear. A narrow gravel laneway runs along the back of the block. The Cudal preschool and fire shed occupy the adjoining block.

 

3.2    Hall Description

The hall is around 100 years old. Its layout consists of a main hall area with a stage at the front and a supper room and kitchen to the side. Downstairs consists of dressing rooms and storage area. The kitchen has been recently renovated and the supper room has a new metal roof. The supper room has a normal 2.4 metre ceiling.

New toilets have been installed next to the supper room with an accessible ramp.

The main hall has a very high pressed metal ceiling. The main hall roof is very old and in only fair condition. The exterior walls are of metal. The floor is unpolished timber. The kitchen area is of brick construction. The main hall is clad in corrugated metal.

 

3.3    Current Hall Use

The hall is used for a number of purposes for example:

 

Main hall

Performances by the local amateur dramatic society

School concerts

Public meetings

Private functions

 

 

 

 

Supper room

Small meetings

Private functions

Catering for main hall events

 

 

 

3.4    Level of use

The level of use is moderate to low. The cost of hall maintenance is not met by hall income.

 

3.5    Land category

General community use

 

 

 

4.0    The Brief

A Plan of Management is required for the Cudal Community Hall to comply with the Local Government Act of 1993 that requires POMs for identified Community Land. The hall is heritage listed by the Cabonne Council.

 

4.1    Planning goals

·    A clear concise POM that results in achievable management strategies

·    Values

·    Issues

·    Register of assets

 

4.2    Outcomes

The preservation, conservation and enhancement of identified values. A value is a positive characteristic of the hall that is slow to change for example,

·    Recreational values          a meeting place for events and entertainment

·    Heritage values                 historical and architectural significance

 

4.3    Responsible staff    

The POM will be prepared in house by Council staff.

 

4.4    Budget

The budget for the hall will be derived from

·    Council’s adopted maintenance budget

·    Specific capital works budget

·    Government grants

·    Council grants

·    Community raised funds

 


 

5.0    Local Government Act 1993 Requirements

 

Section 35         What governs the use and management of community land?

Community land is required to be used and managed in accordance with the following;

 

·    The POM applying to the land

·    Any law permitting the use of the land for a specified purpose or otherwise regulating the use of the land

 

Section 36         Preparation of draft plans of management

 

(1) A Council must prepare a draft POM for Community land

 

(2) A draft POM may apply to one or more areas of community land

 

(3) A POM for Community land must identify the following

(a) The category of land

(b) The objectives and performance targets of the plan with respect to the land

(c)  The means by which Council proposes to assess its performance with respect to the plan’s objectives and performance targets

 

And may require the prior approval of the Council to the carrying out of any specified activity on the land.

 

(3A) A POM that applies to just one area of Community  land

(a) Must include a description of;

(1) The condition of the land and of any buildings or improvements

(2) The use of the land, buildings and improvements

 

(b) Must;

(1) Specify the purposes for which the land and buildings will be permitted

(2) Specify the purposes for which any further development of the land will be permitted, under lease, licence or otherwise

(3) Describe the scale and intensity of any such permitted use or development

 


 

(4) For the purposes of this section land is categorised as one or more of the     following:

       (a)     natural area     

       (b)     sportsground

       ©       park

(d)          area of cultural significance

(e)          general community use

 

It should be noted that a natural area categorisation has further sub categories attached but these are not relevant here.    

 

5.1    Section 38        Public Notice of POM drafts

 

(1) A Council must give public notice of any draft POM.

(2) The period of public exhibition must not be less than 28 days

(3) The public notice must also specify a period of not less tha 42 days after the date on which the draft POM is placed on public exhibition during which submissions may be made to Council

(4) The Council must in accordance with its notice publicly exhibit the draft plan together with any matter that it considers appropriate or necessary to better enable the draft POM and its implications to be understood.

 

5.2    Section 43        Public availability of POMs

 

A POM must be available for public inspection at or purchase from the office of the Council during ordinary business hours.


 

6.0    Purpose of the Plan of Management

The POM document is intended to form the broad framework for the future management of the Cudal Community Hall. Fine details of day to operation are not included.

 

The plan forms a broad guide for development to meet future needs and current management goals. Priorities are identified for long term planning. More detail is provided in the Aims, Strategies and Key Performance Indicators section.

 

The assets register provides baseline information to aid in asset replacement, budgeting and background information.

 

6.1    Scope of this plan

Geographically this plan only pertains to the block of land Lot I, DP935937, in the village of Cudal on which the hall is situated

 

 

 

7.0    Plan of management area

 

Lot number                 Lot 1

 

DP                       935937

 

Area                    1012 m2 approx.

 

Name                           Cudal Community Hall

 

Address              Main Street, Cudal, NSW, 2864

 

Owner                          Cabonne Council

 

Category            Community land

 

Zoning               Village

 

Lease                           nil

 

Licence              nil


 

8.0    Management history

The hall was constructed around 100 years ago and until around 1990 was managed by a hall committee. It is now managed from the Cudal office.

 

Bookings and payments are managed by Cudal office staff.

Maintenance is generally carried out by Council staff.

Cleaning is carried out by an outside contractor.

 

Significant recent works include;

·    Underpinning the kitchen foundations

·    Kitchen renovations

·    New supper room roof and ceiling

·    New toilets including accessible toilet

·    Downstairs toilet in the dressing rooms

·    Outer ramp to toilets

 

8.1    Main hall users

·    Members of the public for private events

·    Council for public meetings

·    Local amateur dramatic society

·    Smaller local clubs and groups

 

8.2    Purposes and use of the land and building

Current approved purposes and activities

·    Private functions

·    Public events, for example, performances by the amateur dramatic society

·    Play rehearsals

·    Dressing rooms and storage

·    School concerts and plays

·    Public meetings

·    Meetings by small informal groups

·    Meetings by clubs for example CWA.

·    Emergency shelter

·    Storage in sheds at rear of the hall

 

Future approved purposes and activities (as well as the above)

·    Major renovations such as new roofing, wall cladding

·    Minor renovations such as new windows, floor repairs, repainting

·    Building additions and extensions

·    Additional storage sheds

·    Works consistent with heritage status


 

9.0    Scale and intensity of land use and development

The scale and intensity of use is low to moderate. The amateur dramatic society presents a play approximately once every 2 years which also involves rehearsals and use of the dressing rooms.

 

Large private events in the main hall occur around three times a year. The supper room is used around twice a month for club meetings.

 

Hall fees do not meet expenditure needs.

 

9.1    Scale and intensity of future land use and development

There is little expectation of any change in future use of the hall.

 

 

 

10.0  Key management stakeholders

·    Cabonne Council

·    Cudal amateur dramatic society

·    Cudal branch CWA

·    Cudal public school


 

11.0  Values statement

Values are the most important aspects to be identified in relation to the Cudal Community Hall and provide the basis for its management.

 

11.1  Safe use of hall

The hall is maintained in a safe condition for all users

The hall meets current standards of health and safety

 

11.2  Social value

Meeting place for public and private gatherings

Venue for school use

 

11.3  Cultural value

Heritage listing

Historical and architectural values

Venue for community amateur dramatics

 

 

 

 

12.0  Issues statement

Issues are matters with a negative connotation that have an adverse effect on the building and its use and adversely affect on the values. An example would be inadequate cleaning leading to non-compliance with health standards.

 

12.1  Safe use of hall

Maintenance is consistent with level of usage, budget and regulation compliance

Capital works are identified and budgeted for

 

12.2  Social value 

Standard of hall facilities are consistent with public expectations / level of service

 

12.3  Cultural value

Works are undertaken in compliance with heritage listing

 

 

 

 

13.0  Objectives for Cudal Community Hall

·    Safe and healthy building facilities

·    Standard of facilities are consistent with Council’s level of service

·    Heritage listing requirements are met

 

 

 

 

 

 

 

 

14.0  Priorities

·    Safety is the first priority

·    A high standard of maintenance consistent with budget and level of service

·    Heritage values are preserved

 

 

 

15.0  Key Performance Indicators (KPI)

KPIs are the means by which Council will measure its performance in relation to the plan.

 

Monitoring of KPIs is by:

·    Meeting objectives

·    Values are undiminished

·    Issues are addressed in a timely manner

 

Monitoring will consist of:

·    Routine inspections

·    Complaints

·    Liaison with community groups

 

 

15.1                     Safe and healthy buildings

 

Objective            safe and healthy building facilities

 

Issue                            inadequate maintenance and capital works

 

Strategy                     The building and grounds are inspected, works identified, budgets are estimated and submitted to Council for consideration

 

KPI                              Building regulation codes are complied with

 

 

 

 

15.2                            Standard of facilities complies with Council’s level of service                 

 

Objective            Level of service obligations are met

 

Issue                          Failure to achieve levels of service               

 

Strategy                     Inspections are made to check that level of cleaning, routine maintenance and capital works complies with Council’s level of service

 

KPI                              Level of service is met

 

15.3                            Heritage listing

 

Objective                    Heritage listing obligations are complied with

 

Issue                          Non compliance with listing requirements

 

Strategy                     Listing requirements are checked prior to work being carried out

 

KPI                              Compliance with listing requirements

 

 

 

16.0                            Assets Register

 

5                                  long wooden benches

100 approx.               stackable plastic chairs

20 approx.                 trestle tables

1                                  piano

2                                  refrigerators

Various                      storage cupboards

 

1                                  Bain marie

2                                  urns

2                                  stoves

2                                  stainless steel benches

1                                  stainless steel sink     

                                     

 

 

 

 

 

                                              

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Photos

 

Main hall viewed from the stage

 

Ladies toilets

 

Western wall showing corrugated metal cladding

 

 

 

 

 

Rear view showing brick kitchen and storage container

 

Main hall looking towards the stage

 

Ramp to accessible toilets

 

 

 

Detail of pressed metal ceiling

 

Supper room looking towards kitchen

 

kitchen

 

 

 

 

 

Dressing room

 

Stairs to dressing room

 

 

 

 


Item 29 Ordinary Meeting 17 September 2013

Item 29 - Annexure 1

 

 

MOLONG GOLF CLUB AND SHOWGROUND (D.590024)  RESERVE TRUST

 

 

 

 

 

 

 

And

 

 

 

 

 

 

 

MOLONG GOLF CLUB INC.

 

 

 

 

 

 

 

LICENCE AGREEMENT FOR OCCUPATION OF LAND FOR GOLF CLUB AND GOLF COURSE

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Item 29 Ordinary Meeting 17 September 2013

Item 29 - Annexure 1

 

AGREEMENT dated 29th August 2013

 

BETWEEN     MOLONG GOLF CLUB AND SHOWGROUND (D.590024) RESERVE TRUST , a corporation established, constituted and appointed, in terms  of Section 92, Crown Lands Act  1989, as Trustee of  Reserve D.590024 FOR PUBLIC RECREATION, RACECOURSE AND SHOWGROUND

 (hereinafter called the “Licensor”).

 

AND                MOLONG GOLF CLUB LIMITED      ABN 19 001 074 693

 

THE PARTIES AGREE AS FOLLOWS.

 

 

 

1          INTERPRETATIONS, DEFINITIONS AND ADMINISTRATION

          Authority for grant of Licence

 

1.1      The Licensor warrants that the Premises COMPRISES PART OF D.590024 FOR PUBLIC RECREATION, RACECOURSE AND SHOWGROUND AS SHOWN ON PLAN “A” within  the meaning of the CL Act and that the Reserve Trust is empowered pursuant to sections 102 and 103 of  the CL Act  to Licence the Premises.

        

            or alternative 1.1

 

1.1      The Licensor warrants that the Premises are [INSERT  RESERVE  TENURE  DETAILS]

within the meaning of the CL Act and that the Reserve trust is empowered pursuant to

sections 102A of the CL Act to Licence the Premises.

 

Effect of Instrument

 

1.2       The Licensor and the Licensee expressly acknowledge that no rights or interests are

conferred on either Party by the provisions of this instrument unless;

 

(a)        the Minister has granted consent under Section 102 of the CL Act to the grant of this Licence; or

 

(b)        the Minister has authorised the grant of this Licence without consent under Section 102A of the CL Act.

 

 

2         DEFINITIONS

 

In this Licence unless the contrary intention appears:

 

Access Plan means the drawing annexed to each Premises Appendix depicting the Premises and a description of the route of access to the Enclosed Area.

 

Base Annual Rent means:

 

(a)   the Initial Rent where the rent has not been redetermined or adjusted

            in accordance  with  sub-clauses  14.4  or 14.5 ; or

(b)        in any other case - the Rent as last redetermined or adjusted in accordance with those provisions;

 

Business Day means any day which is not a Saturday, Sunday or Public Holiday in New South Wales;

 

CL Act  means the Crown Lands Act 1989;

 

Commencement Date means the date referred to in Column 2 of Item 16 of Schedule 1;

 

            Consumer Price Index Number means in relation to a quarter the number for that quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician; 

 

Due Date means the date for payment of Rent under this Licence as is specified in Column 2 of Item 6, of Schedule 1;

 

Enclosed Area means the fenced area (which comprises the Premises and Third Party  Exclusive Areas) described in each Premises Appendix as the Enclosed Area and shown on the Plan annexed to each Premises Appendix where land is, or is intended to be fenced;

 

Environmental Law means any law or state protection policy incorporated by reference

to or being part of any Law relating to protection of the environment;

 

Expiry Date  means the date referred to in Column 2 of Item 17 of Schedule 1;

 

"GST", "taxable supply", "consideration", "tax invoice" and “GST amount” have the meanings given to those terms in A New Tax System (Goods and Services Tax) Act 1999;

 

Hazardous Substance  means a substance that because of its quality, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, flammability,  physical, chemical or infectious characteristics, may pose a hazard to property, human health or the environment when improperly treated, stored, disposed of or otherwise managed;

 

Improvements means any structure of a permanent nature attached to the land;

 

Initial Rent means the Rent payable under this Licence in respect of each Premises as is specified in Column 2 of Item 5 of Schedule 1;

 

Law includes the provisions of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, whether state, federal or otherwise;

 

Licence means this licence including all Schedules and Annexures hereto;

 

Licensee means the licensee referred to in Column 2 of Item 2, of Schedule 1;

 

Licensor  means the licensor referred to in Column 2 of Item 1 of Schedule 1 and includes its assigns and for the purpose of  clauses 35, 36, 37, 38, 39, 40, 41, and 42 includes Her Majesty the Queen, the State of New South Wales and the Minister and their heirs, successors, agents, servants, employees and contractors;

 

Market Rent means the Rent as specified in Column 2 of Item 3, of Schedule 1 that would reasonably be expected to be paid for the site if it were offered for the same or a substantially similar use to which the site may be put under the Licence;

 

           Market Rent Review Date means the date described as such in Column 2 of Item 8, of Schedule 1 and expressed as an absolute dollar or as a percent of the Market Rent;

 

           Minister means the Minister administering the CL Act;

 

           Party/Parties means the parties to this Licence;

 

           Premises means the land and/or the buildings described in the Premises Appendix and on the plan annexed thereto;

 

           Permitted Use means the use shown in Column 2 of Item 15, of Schedule 1;

 

           Regulations means the Crown Lands Regulation 2006;

 

Rent means the Base Annual Rent calculated and payable upon each Due Date  less any Rent Rebate granted to the Licensee together with all other payments due to be paid by the Licensee as Rent under this Licence;

 

Rent Rebate means such amount as specified in Column 2 of Item 4 of Schedule 1 given to the Licensee from the Licensor as per clause 14.6 as expressed either as an absolute dollar value or a percentage of the market value;

 

Sub-Licensee means a person who holds a sub-licence of any part of the Premises from the Licensee in accordance with the provisions of this Licence;

 

Tenant Fixtures means any plant or equipment, fittings or improvements in the nature of fixtures brought onto the Premises by, or on behalf of, or at the request of, the Licensee;

 

Term  means the term of operation of this Licence in relation to the Premises;

 

Term of Agreement means the figure set out in Column 2 of Item 18, of Schedule 1;

 

Third Party Exclusive Areas means those areas that are exclusively for the use of third parties as shown on the Plan annexed to each Premises Appendix.

 

 

3        CONSTRUCTION

 

3.1       This Licence shall be constructed in accordance with this clause unless the context  requires otherwise;

 

3.1.1 Plurals

 

                Words importing the singular include the plural and vice versa;

 

3.1.2  Gender

 

Words importing any gender include the other gender;

    

3.1.3    Persons

 

                A reference to a person includes:

          

(a)        an individual, a firm, unincorporated association, corporation and a government;

 

and

 

(b)        the legal personal representatives, successors and assigns of that person;

 

3.1.4  Headings

 

Headings (including any headings described as parts and sub-headings within clauses) wherever appearing shall be ignored in constructing this Licence;

 

3.1.5    Clauses and sub-clauses

 

(a)        A reference to a clause includes all sub-clauses, paragraphs, sub-paragraphs and other components which form part of the clause referred to;

 

(b)        A reference to a sub-clause includes any sub-paragraphs and other components of the sub-clause referred to;

 

3.1.6    Time

A reference to time is a reference to local Sydney time;

 

3.1.7    Money

A reference to $ or dollars is a reference to the lawful currency of Australia;

 

3.1.8    Defined Terms

If a word of phrase is defined cognate words and phrases have corresponding definitions. A defined term, unless inconsistent with the context of its use, is denoted by the appearance of that word using a capital letter at the beginning of that word;

 

3.1.9    Writing

A reference to writing includes any mode of representing or reproducing words in tangible and permanently visible form;     

 

3.1.10  Contra Preferentum

No rules of construction shall apply to the disadvantage of any Party responsible for preparation of this Licence or any part of it;

 

3.1.11  Statutes

A reference to a Statute, Act, legislation, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them made by any legislative authority;

 

 

3.1.12  Licence

A reference to this Licence shall include any extension or variation of this Licence;

     

3.1.13  Priorities

If an inconsistency occurs between the provisions of this Licence and the provisions of a licence granted in accordance with this Licence, the provisions of this Licence shall prevail.

 

3.2       Warranties and Undertakings

(a)        The Licensee warrants that it:

 

(i)         has relied only on its own inquiries about this Licence; and

 

(ii)        has not relied on any representation or warranty by the Licensor or any person acting or seeming to act on the Licensor’s behalf.

 

(b)        The Licensee shall comply on time with undertakings given by or on behalf of the Licensee.

 

3.3       Further Assurances

Each Party must do everything necessary to give full effect to this Licence.

 

(a)        Pursuant to clause 7, this Licence and any other agreement subsidiary to this Licence continue in full force and effect.

 

3.4      Relationship of Licensor and Licensee

Nothing contained or implied in this Licence shall be deemed or construed to create the relationship of partnership or of principal and agent or of joint venture between the Licensor and the Licensee. Specifically, the Parties understand and agree that neither the method of computation of Rent, nor any other provision, nor any acts of the Licensee and the Licensor or either of them will be deemed to create any relationship between them other than the relationship of Licensor and Licensee upon the terms and conditions only as provided in this Licence.

3.5       Time to be of the Essence

Where in any provision of this Licence a Party is given or allowed a specified time within which to undertake or do any act or thing or any power is conferred or any event occurs after the lapsing of a specified time, time shall be the essence of the contract in that regard.

 

4          SEVERABILITY

Any provision of this Licence which is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or inability to enforce without invalidating the remaining provisions of such provisions in any other jurisdiction.

 

 


        ESSENTIAL CONDITIONS OF LICENCE

            

            The Licensor and the Licensee agree that the clauses specified in Column 2 of Item 19  

            of Schedule 1 are essential conditions of this Licence.

    

 

6        PERMITTED USE

 

6.1       Grant of Licence

The Licensor grants to the Licensee a right to occupy the area delineated on the plan annexed to the Premises Plan “A” for the Permitted Use.

 

6.2     Permitted Use only

The Licensee shall not:

 

(a)        use the Premises;

 

(b)        or allow them to be used (except pursuant to a Licence lawfully granted by the Licensor),

 

for any purpose other than the Permitted Use specified or referred to in Column 2 of Item 15 of Schedule 1.

 

6.3     No exclusive possession

The Licensee acknowledges that this Licence does not confer exclusive possession of the Premises upon the Licensee.

 

7        COMMENCEMENT OF LICENCE AND TERM

This Licence shall commence on the date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 16, of Schedule 1 and subject to clauses 10 and 11 shall continue in force until the Expiry Date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 17, of Schedule 1.

 

8          NO RIGHT TO PURCHASE OR TRANSFER OF LICENCE RIGHTS

8.1       In respect of this Licence, and without limitation, the grant of this Licence does not confer upon the Licensee:

(a)        a right to purchase or lease any part of the Premises; or

 

(b)        any tenancy or other estate or interest in any part of the Premises other than contractual rights as Licensee under this Licence.

 

8.2       Subject to any other provisions of this Licence the Licensee shall not during the Term of this Licence, sub-licence, part with possession of the Premises, transfer or create any interest in the Licence or authorise or permit any person to occupy the Premises without the prior written consent of the Licensor and the Minister.

9          LICENSEE TO YIELD UP

9.1     The Licensee shall forthwith upon the termination of this Licence or any extension of          it peaceably vacate the Premises at the Licensee’s expense.

9.2       The Licensee shall:

 

(a)        remove all Licensee Fixture/s, signs, names, advertisements, notices or hoardings erected, painted, displayed, affixed or exhibited upon, to or within the Premises by or on behalf of the Licensee (other than a notice displayed by the Licensor); and

 

(b)        rehabilitate the Premises, (to the extent to which it has been altered or affected by the Licensee’s occupation and use of the Premises) as nearly as practicable to the original condition before the installation of the Licensee’s Fixtures to the reasonable satisfaction of the Licensor; and

 

(c)        ensure that when it vacates the Premises in relation to its occupation of the Premises under this Licence, the Premises comply with any Environmental Law to the extent applicable at the time of granting of this Licence; and

 

(d)        leave the Premises in a clean and tidy condition.

 

9.3      Sub-clause 9.2 does not apply unless the Licensor permits the Licensee to carry out

           any works on the Premises reasonably required in order to comply with that clause.

 

10        TERMINATION OF LICENCE - S109 TO APPLY

10.1   Without limiting the Licensee’s statutory or other rights apart from this Licence, the Parties acknowledge that subject to subclause 10.2 this Licence shall terminate under section 109 of the CL Act if the Reserve is revoked or that part of the Reserve is revoked that comprises the whole or part of the Premises unless the revocation notification otherwise provides.

10.2     Where only part of the Premises is affected by the revocation or proposed revocation the Parties undertake to consult to determine if an agreement under Section 109(3) can be reached for the continuation of this Licence in respect to that part of the Premises not affected by the revocation.

 

10.3   The Licensee expressly acknowledges that as provided by Section 109(5) of the CL Act no compensation is payable in respect of the termination of this Licence by the operation of Section 109 and no compensation shall be payable.

 

11       TERMINATION OF LICENCE ON DEFAULT

 

11.1     The Licensor may terminate this Licence in the manner set out below in the following circumstances:

 

(a)        if the Rent or any part of it or any moneys owing to the Licensor under the Licence is  or are in arrears for one month, whether formally demanded or not;

 

(b)        if the Licensee breaches an essential condition of this Licence or any rule or regulation made under this Licence;

         

(c)        if defects notified under a provision of this Licence are not remedied within the time specified in the notice;

        

(d)        if the Licensee is a corporation and an order is made or a resolution is passed                  for its winding up except for reconstruction or amalgamation;

 

(e)        if the Licensee is a company and ceases or threatens to cease to carry on business or goes into liquidation, whether voluntarily or otherwise, or is wound up or if a liquidator or receiver (in both cases whether provisional or otherwise) is appointed;

         

(f)        if the Licensee is a company and is placed under official management under corporations law or enters a composition or scheme of arrangement;

 

(g)        if the interest the Licensee has under this Licence is taken in execution;

 

(h)        if the Licensee or any person claiming through the Licensee conducts any business from the licensed Premises  after the Licensee has committed an act of bankruptcy.

 

11.2     In the circumstances set out in sub-clause 11.1 the Licensor may end this Licence by:

 

(a)        notifying the Licensee that it is ending the Licence; or

 

(b)        re-entering the Premises, with force if necessary, and ejecting the Licensee and all other persons from the Premises and repossessing them; or

 

(c)        doing both.

 

11.3     If the Licensor ends this Licence under this clause, the Licensee shall not be released

from liability for any prior breach of this Licence and other remedies available to the Licensor to recover arrears of Rent shall not be prejudiced.

 

11.4     If the Licensor ends this Licence under this clause or the Licence terminates under clause 10, the Licensor may remove the Licensee’s property and store it at the Licensee’s expense without being liable to the Licensee for trespass, detinue, conversion or negligence. After storing it for at least one month, the Licensor may sell or dispose of the property by auction or private sale. It may apply any proceeds of the auction or sale towards any arrears of Rent or other moneys or towards any loss or damage or towards the payment of storage and other expenses.    

 

12      ACCEPTANCE OF RENT NOT WAIVER

Demand or acceptance of Rent or any other moneys due under this Licence by the Licensor after termination does not operate as a waiver of the termination.

13      HOLDING OVER BY LICENSEE

(a)        At the end of the Term of Agreement as specified in Column 2 of Item 18 of Schedule 1, the Licensee shall be entitled with the consent of the Licensor and the Minister to remain in possession of the Premises on the following terms and conditions:

 

(i)         the Licensee shall become a monthly tenant of the Licensor at a monthly rental equivalent to one twelfth proportion of the annual Rent payable at the time of expiration or sooner determination of this Licence;

 

(ii)        the Licensee shall comply with and be bound by the terms and conditions of this Licence insofar as the terms and conditions are applicable, provided that the Licensor may from time to time by notice in writing served on the Licensee direct that any particular condition not apply or be amended in the manner set out in the notice.

 

(b)        The Licensor and the Licensee expressly agree that where any provision of this Licence confers any right, duty, power or obligation on a Party upon the expiration or determination of this Licence or on the Expiry Date and the Licensee is authorised to remain in possession of the Premises pursuant to a consent granted under this clause the emergence of the right, duty, power or obligation shall be postponed until such time as the Licensee ceases to be entitled to possession pursuant to this clause.

 

(c)        The tenancy created by operation of this clause may be determined by the Licensor serving on the Licensee a notice to quit. The notice shall take effect at the expiration of the period of one month from the date of service of the notice or such further period as may be specified in the notice.

 

(d)        The tenancy created by operation of this clause may be determined by the Licensee serving on the Licensor a notice stating that as from a date specified in the notice the tenancy is surrendered.

 

14        LICENSEE'S RENT AND OUTGOINGS

14.1     Licensee to Pay Rent

The Licensee covenants with the Licensor that the Licensee shall during the whole of the Term of Agreement and any extension of it pay the Rent to the Licensor in accordance with the provisions of this clause without demand free of exchange and without deduction whatsoever.

14.2     Goods and Services Tax

(a)        The Parties agree that all payments to be made and other consideration to be provided by the Licensee under the Licence are GST exclusive unless explicitly expressed otherwise. If any payment or consideration to be made or provided by the Licensee to the Licensor is for a taxable supply under the Licence on which the Licensor must pay GST and the Licensor gives the Licensee a tax invoice, the Licensee shall pay to the Licensor an amount equal to the GST payable (“the GST Amount”) by the Licensor for that taxable supply upon receipt of that tax invoice.

 

 

(b)        The Parties agree that they are respectively liable to meet their own obligations under the GST Law. The GST Amount shall not include any amount incurred in respect of penalty or interest or any other amounts payable by the Licensor as a result of default by the Licensor in complying with the GST Law.

 

14.3     Rent and Adjusted Rent

The Licensee shall pay to the Licensor on the Commencement Date the Initial Rent and thereafter must pay on each Due Date, Rent in advance adjusted as provided in sub- clauses 14.4 and 14.5.

 

14.4     Calculation of Annual Rental Adjustment

(a)        On each anniversary of the Due Date the Rent will be adjusted in accordance with the following formula:

where:

R         represents the Base Annual Rent following adjustment under this clause;

B  represents the Base Annual Rent before adjustment under this clause;

C         represents the Consumer Price Index Number for the last quarter for which such a number was published before the Due Date; and

D         represents the Consumer Price Index Number for the last quarter of the last adjustment of Rent for which such a number was published.

 

(b)      In the event that such index be discontinued or abolished the Minister may at his absolute discretion nominate another Index.

 

(c)        If the reference base for the Consumer Price Index is changed regard shall be had only to Index numbers published in terms of the new reference base or to Index numbers converted to the new reference base in accordance with an arithmetical conversion factor specified by the Australian Statistician. 

 

(d)        Any Rent adjusted under this sub-clause shall be adjusted to the nearest whole dollar.

 

(e)        An adjustment of Rent made under this clause shall take effect on its Due Date, notwithstanding than any Rent notice to the Licensee is not issued until after that date specified or referred to in Column 2 of Item 6 of  Schedule 1.

 

14.5     Market Rent Review

(a)        In addition to the Rent adjustment provided for in clause 14.4 the Rent may, subject to the following provisions of this clause, be redetermined to an amount that is the Market Rent on that date with effect on and from each Market Rent Review Date by the Licensor;

 

(b)        A redetermination of Rent for the purposes of sub-clause 14.5(a) shall be taken to have been made on the Market Rent Review Date if it is made at any time within the period of six months before and up to six months after that Market Rent Review Date specified or referred to in Column 2 of Item 8 of Schedule 1.

 

(c)        Where the Licensor does not redetermine the Rent as provided for in sub-clause 14.5(a) it may subsequently redetermine the Rent at any time before the next Market Rent Review Date. No succeeding Market Rent Review Date shall be postponed by reason of the operation of this clause.

 

(d)        A redetermination of Rent made under sub-clause 14.5(a) or 14.5(c) shall take effect and be due and payable on the next Due Date following the date of issue of the notice of redetermination (or where the said Due Date and the date of issue of the notice of redetermination are the same, then that date) even if the Licensee wishes to dispute the redetermination. 

 

14.6     Rent Rebate for Charitable or Non Profit Organisations

 

(a)        At the absolute discretion of the Licensor, the Licensor may determine that the Licensee is entitled to a Rent Rebate on the basis that the Licensee is a recognised charitable or non profit organisation;

 

(b)        Subject to sub-clause 14.6(a), the Rent is calculated by subtracting the Rent Rebate from the Base Annual Rent but must exceed the statutory minimum rental applicable to tenures under the CL Act;

 

(c)        Where the Licensee is not entitled to a Rent Rebate, the Base Annual Rent applies.

 

15      CONTINUING OBLIGATION

The obligation of the Licensee to pay Rent is a continuing obligation during the Term of Agreement and any extension of it and shall not abate in whole or in part or be affected by any cause whatsoever.

 

16        NO REDUCTION IN RENT

Subject to this Licence the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission impair, reduce or diminish directly or indirectly the Rent reserved or imposed by this Licence. However, if at any time during the Licence:

 

(a)        some natural disaster or other serious event occurs which is beyond the reasonable control of the Licensee; and

 

(b)        as a result of the damage caused by the natural disaster or other serious event, the Licensee is not able to use the Premises in a reasonable manner,

 

the Licensee’s obligations to pay Rent shall abate to the extent proportional to the effect on the Licensee’s ability to occupy and use the Premises until the Premises are restored to a condition in which the Licensee is able to conduct the Licensee’s activities and/or occupy the Premises in a reasonable manner.

 

17        LICENSEE TO PAY RATES

17.1     The Licensee shall when the same become due for payment pay all (or in the first and last year of the Term of Agreement the appropriate proportionate part) rates, taxes, assessments, duties, charges and fees whether municipal, local government, parliamentary or otherwise which are at any time during the currency of this Licence separately assessed and lawfully charged upon, imposed or levied in respect of the Licensee's use or occupation of the Premises to the extent referable to the Licensee's use or occupation of the Premises.

17.2     Where the Licensor requires evidence for such payments the Licensee shall produce such evidence within ten Business Days after the respective due dates for payment.

17.3     In the case where such rates, taxes, duties and fees so covenanted to be paid by the Licensee are not paid when they become due the Licensor may if it thinks fit pay the same and any such sum or sums so paid may be recovered by the Licensor as if such sums were Rent.

18        LICENSEE TO PAY OTHER CHARGES

The Licensee shall pay all other fees, charges and impositions for which it may properly be liable which are imposed by an authorised third party and which are at any time during the Term of Agreement payable in respect of the Premises or on account of the use and occupation of the Premises by the Licensee.

19        LICENSEE TO PAY FOR SERVICES

The Licensee shall as and when the same become due for payment pay to the Licensor or to any other person or body authorised to supply the same all proper charges for gas, electricity, water or other services supplied to the Licensee or consumed in or on the Premises, by the Licensee.

20        LICENSEE TO PAY COST OF WORK

Whenever the Licensee is required under this Licence to do or effect any act, matter or thing then the doing of such act matter or thing shall unless this Licence otherwise provides be at the sole risk, cost and expense of the Licensee.

21      COSTS PAYABLE BY LICENSEE TO LICENSOR

            Except when law limits costs being recovered from a Licensor by a Licensee, the Licensee shall pay in full the Licensor's reasonable legal costs, the fees of all consultants and all duties fees, charges and expenses incurred reasonably, properly and in good faith by the Licensor in consequence of or in connection with or incidental to:

(a)        the preparation and completion of this Licence;

 

(b)        any variation of this Licence made otherwise than at the request of the Licensor;

 

(c)        any application for the consent of the Licensor and the Minister if applicable under this Licence;

 

(d)        any and every failure to comply breach or default by the Licensee under this Licence;

 

(e)        the exercise or attempted exercise of any right power privilege authority or remedy of the Licensor under or by virtue of this Licence;

 

(f)        the examination of plans, drawings and specifications of any improvement erected or constructed or to be erected or constructed on the Premises by the Licensee and the inspection of it, in this case the costs to be mutually agreed;

 

(g)        any entry, inspection, examination, consultation or the like which discloses a breach by the Licensee of any covenant of this Licence;

 

(h)        the Licensee requiring the Licensor to do any act, matter or thing under this Licence, unless otherwise provided for in this Licence.

22      COSTS PAYABLE BY LICENSOR

The Licensor shall pay its own direct and external consultants costs in relation to any rental redetermination matter without reimbursement from the Licensee.

 

23        INTEREST ON OVERDUE MONEYS

The Licensee shall pay interest to the Licensor on any moneys due and payable under this Licence or on any judgment in favour of the Licensor in an action arising from this Licence until all outstanding moneys including interest are paid in full.  The rate of interest applicable is the rate set by the Licensor’s Bank for the time being as its benchmark rates for overdrafts of one hundred thousand dollars ($100,000.00) or more.  Interest shall accrue and be calculated daily.

 

24        MANNER OF PAYMENT OF RENT AND OTHER MONEYS

The Rent and other moneys payable in accordance with this Licence shall be paid to the address or bank account specified in Column 2 of Item 9,  of Schedule 1 or to such other person or at such other address as the Licensor may from time to time direct by notice in writing served on the Licensee.

 

 25      OBLIGATIONS AND RESTRICTIONS RELATING TO PREMISES

 25.1  Access

Subject to the sub-clauses hereunder the Licensor confirms that the Licensee shall have unfettered and free access to and from, the Premises at all times, provided however that:

 

(a)        The Licensee shall strictly observe the reasonable directions and requirements of the Licensor at all times regarding the methods and routes of access to the Premises taken by the Licensee;

 

(b)        If the Licensee has shown the position of its intended access on the Access Plan [INSERT DETAIL ON ATTACHED PLAN] and described the nature of the activity to be conducted on the land at those positions, then in respect of that access, the Licensor shall not require further notice;

 

(c)        The Licensee as far as is practicable, shall be required to use existing access tracks to, from, within and surrounding the Premises;

25.2     Entry by the Public

The Licensee shall allow the public to have right of access over that part of the Premises as specified in Column 2 of Item 20, of Schedule 1 and any such part of the Premises shall be suitably signposted. Otherwise the Licensee may prohibit unauthorised entry to the remainder of the Premises. If required by the Licensor plans showing the areas where public access is authorised and unauthorised shall be displayed in a prominent location at the entrance to the Premises.

25.3     Additions and Alterations

The Licensee shall not make any additions or alterations to the Premises without first obtaining the written consent of the Licensor, the Minister and CABONNE COUNCIL Council in its role as the statutory planning authority. Any additions or alterations consented to by the Licensor and the Minister shall be carried out at the Licensee’s expense.

25.4     Maintenance of Premises and Enclosed Areas

The Licensee shall keep the Premises, and shall ensure that the Premises are kept clean and tidy and in good order and condition, having regard to the extent of the Licensee’s occupation of the Premises under this Licence.

 

25.5     Licensee to erect barricades etc

Where the Premises or any part of the Premises become to the knowledge of the Licensee (or which ought reasonably to be in the knowledge of the Licensee) unsafe, hazardous or dangerous the Licensee shall forthwith erect such warning signs, fences and barricades as may be necessary until the Premises are rendered safe.

 

25.6     No residence on Premises

The Licensee shall not reside or permit any other person to reside on the Premises, unless Schedule 2, Special Conditions, permit otherwise.

 

25.7     Licensee not to remove material

(a)        The Licensee shall not mine, remove, extract, dig up or excavate any sand, stone, gravel, clay, loam, shell or similar substance from, on or in the Premises or permit any other person to undertake such action without the prior consent in writing of the Licensor and the Minister and subject to such conditions as the Licensor or the Minister may determine.

 

(b)        Sub-clause 25.7(a) does not apply to any removal, digging up or excavation as may be necessary to construct or undertake any Improvement authorised by or under this Licence provided that any such removal, digging up or excavation is undertaken in accordance with the requirements of that authorisation.

 

(c)        A failure by the Licensee to comply with any condition imposed pursuant to sub-clause 25.7(a) constitutes a failure by the Licensee to comply with a provision or covenant of this Licence.

 

25.8     Licensee not to burn off

            The Licensee shall not carry out any burning off on the Premises except with the prior consent of the Licensor in writing, which consent shall not be unreasonably withheld, and after compliance with the requirements of the Rural Fires Act 1997.  Any consent granted in accordance with this clause shall be subject to such reasonable conditions as the Licensor may impose.

25.9     Rodents and Vermin

The Licensee shall take all reasonable precautions to keep the Premises free of rodents, vermin, insects and pests and shall in the event of failing to do so if required by the Licensor employ from time to time a duly certified pest exterminator at cost of the Licensee and as approved by the Licensor whose approval will not be unreasonably withheld. In performing its obligations pursuant to this clause the Licensee and any one acting on the Licensee's behalf shall not use any substance or undertake any activity prohibited by any legislation.

 

26        ADVERTISING

(a)        The Licensee shall not permit to be displayed or placed on the Premises or any part of them any sign, advertisement or other notice without first obtaining the Licensor's written consent other than safety signs, in respect of which the Licensor's consent shall not be required; and

 

(b)        The Licensor may at any time by notice in writing require the Licensee to discontinue to use any piece or mode of advertising to which the Licensor has granted consent under sub-clause 26(a) which in the opinion of the Licensor has ceased to be suitable or has become unsightly or objectionable and the Licensee on receipt of the notice shall comply accordingly.

 

27        NOTIFICATION OF ACCIDENT

The Licensee shall give to the Licensor prompt notice in writing of any serious accident or serious defect at or in the Premises or any part of them unless the defect or accident is capable of being and is promptly remedied by the Licensee.

 

28        LICENSEE NOT TO COMMIT NUISANCE ETC

The Licensee shall not:

 

(a)        carry on or permit to be carried on at the Premises any noxious, nuisance or offensive trade or business; or

 

(b)        carry on or permit to be carried on at the Premises any act, matter or thing which results in nuisance damage or disturbance to the Licensor or owners or occupiers of adjoining or neighbouring lands or buildings; or

 

(c)        use the Premises for any illegal activity.

 

29        HAZARDOUS SUBSTANCES

The Licensee shall not keep any Hazardous Substance on the Premises without prior consent of the Licensor, which consent shall not be unreasonably withheld.

 

30        RELICS

(a)        Unless authorised to do so by a permit under section 87 or a consent under section 90 of the National Parks and Wildlife Act 1974 and subject to observance and compliance with any conditions imposed on the grant of such permit or consent the Licensee shall not knowingly disturb, destroy, deface or damage any aboriginal relic or place or other item of archaeological significance within the Premises and shall take every reasonable precaution in drilling excavating or carrying out other operations or works in the Premises against any such disturbance, destruction, defacement or damage.

 

(b)        If the Licensee becomes aware of any aboriginal relic or place or other item of archaeological significance within the Premises the Licensee shall within 24 hours notify the Licensor and the Director-General of the Department of Environment and Conservation of the existence of such relic place or item.

 

(c)        The Licensee shall not continue any operations or works on the Premises likely to interfere with or disturb any relic, place or item referred to in sub- clause 30(b) without the approval of the Director-General of the Department of Environment and Conservation and the Licensee shall observe and comply with all reasonable requirements of the said Director-General in relation to carrying out the operations or works.

 

31        ARTEFACTS

All fossils, artefacts, coins, articles of value, articles of antiquity, structure and other remains or things of geological historical or archaeological interest discovered on or under the surface of the Premises shall be deemed to be the absolute property of the Licensor and the Licensee shall as authorised by the Licensor watch or examine any excavations and the Licensee shall take all reasonable precautions to prevent such articles or things being removed or damaged and shall as soon as practicable after discovery thereof notify the Licensor of such discovery and carry out the Licensor's orders as to the delivery up to or disposal of such articles or things at the Licensor's expense.

 

32        OWNERSHIP AND REMOVAL OF TENANT FIXTURES AND IMPROVEMENTS

(a)        During the Term of Agreement and any extension of it, ownership of Tenant Fixtures vests in the Licensee. Notwithstanding anything contained in this Licence, so long as any Rent or other moneys are due by the Licensee to the Licensor or if the Licensee has committed any breach of this Licence which has not been made good or remedied and whether the Licensee is still in possession or not, the Licensee shall not be entitled to remove any of the Tenant Fixtures, fittings or equipment from the Licensed property.

 

(b)        Upon expiry of the Licence all Improvements undertaken by the Licensee become the property of the Licensor.

 

33        GENERAL REQUIREMENT TO REPAIR

Without prejudice to the specific obligations contained in this Licence the Licensee shall to the satisfaction of the Licensor at all times keep the Premises in good repair and properly maintained in all respects.

 

34        BREAKAGES

The Licensee shall immediately at the Licensee's expense make good any breakage defect or damage to the Premises (including but not limited to broken glass) or to any adjoining premises or to any facility or appurtenance of the Licensor occasioned by want of care, misuse or abuse on the part of the Licensee or the Licensor's other Licensees occupants occupiers or other persons claiming through or under the Licensee or otherwise occasioned by any breach or default of the Licensee hereunder.

 

35        INDEMNITIES AND INSURANCE

35.1            Indemnity for use of Premises

(a)        The Licensee shall indemnify and keep indemnified the Licensor from and against all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever to which the Licensor shall or may be or become liable for or in respect of the Licensee’s occupation operation and use of the Premises or for or in respect of all losses, damages, accidents or injuries of whatsoever nature or kind and howsoever sustained or occasioned (and whether to any property or to any person or resulting in the destruction of any property or the death of any person or not) at or upon the Premises or originating on the Premises although occurring or sustained outside the same except to the extent that any such claims and demands:

(i)         arise from or are contributed to by the negligence or wilful act or omission on the part of the Licensor; or

 

(ii)        arise from the occupation, operation or use of the Premises by any other occupier, or the acts of any person who has access to the Premises with the consent of another occupier, and the Licensor is adequately indemnified by that other occupier in respect of the relevant claim or demand, and the Licensor shall use its reasonable endeavours to ensure that an indemnity in this form is contained in any agreement with any other occupier of the Premises.

 

35.2     Indemnity Continues After Expiration of Licence

The obligations of the Licensee under this clause continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for the period limited by the Statute of Limitations.

35.3     Exclusion of Consequential Loss

Despite any other provision of this Licence, both Parties exclude, and agree that they shall have no rights against the other for liability for consequential or indirect loss arising out of this Licence including (without limitation) in respect of loss of profits or loss of business. This clause does not apply in respect of wilful acts by either Party.

36        INSURANCE - PUBLIC RISK

The Licensee shall effect and maintain with a reputable and solvent insurer with respect to the Premises and the activities carried on in the Premises public risk insurance for an amount not less than the amount set out in Column 2 of Item 12, of Schedule 1 or such other amount as the Licensor may from time to time reasonably require as the amount payable in respect of liability arising out of any one single accident or event. The Licensor acknowledges that the Licensee may effect the public risk insurance pursuant to an insurance policy which is not specific as to the location of risk.

 

37        PROVISIONS RE POLICIES

(a)        All insurance policies required to be effected by the Licensee pursuant to this Licence are specified in Schedule 2, Special Conditions and shall be in place prior to the Licensee occupying the Premises.

 

(b)        The Licensee shall produce to the Licensor, once per calendar year or once per period of insurance (whichever first occurs), a certificate of insurance and/or a certificate of currency in respect of the insurance policies required to be effected by the Licensee pursuant to this Licence.

 

(c)        The Licensee shall not at any time during the Term of Agreement do or bring upon the Premises anything which it ought reasonably believe may render void or voidable any policy of insurance.  If the Licensee brings anything onto the Premises whereby the rate of premium on such insurance is liable to be increased, the Licensee shall obtain insurance cover for such increased risk and pay all additional premiums on the Premises required on account of the additional risk caused by the use to which the Premises are put by the Licensee.

 

(d)        The Licensee shall use all reasonable endeavours to ensure that full, true and particular information is given to the office or company with which the said insurances are effected of all matters and things the non-disclosure of which might in any way prejudice or affect any such policy or policies of insurance or the payment of all or any moneys there under.

 

38        INDEMNITY FOR NON-COMPLIANCE WITH LEGISLATION

The Licensee shall indemnify and keep indemnified the Licensor from and against any and all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever arising from the non-compliance by the Licensee with any New South Wales or Commonwealth legislation that may apply to the Licensee’s use and occupation of the site and access thereto and the Licensee’s operation of their business from the site and access thereto.

 

This clause shall not merge on the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

 

39        INDEMNITY FOR BREACH OF ENVIRONMENTAL LAW

Without prejudice to any other indemnity granted by this Licence, the Licensee shall indemnify and keep the Licensor indemnified against all claims whatsoever arising from a breach by the Licensee of any Environmental Law which breach is in relation to the Premises. This clause shall not merge on expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

 

40        NO LIABILITY FOR FAILURE OF SERVICES

The Licensor shall not be under any liability for any loss, injury or damage sustained by the Licensee or any other person at any time as a result of or arising in any way out of the failure of the electricity, telephones, gas, water supply, sewerage, drainage or any other services or facilities provided by the Licensor or enjoyed by the Licensee in conjunction with the Premises or this Licence provided that such failure is not due to the negligent or wilful  act or omission of the Licensor its servants or agents.

 

41        LICENSEE NOT TO IMPOSE LIABILITY ON LICENSOR

Subject to any other provision of this Licence, the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission cause or permit to be imposed on the Licensor any liability of the Licensee under or by virtue of this Licence even though the Licensee is entitled to do so under any law present or future or otherwise.

 

42        RELEASE OF LICENSOR FROM LIABILITY

(a)        The Licensee shall occupy, use and keep the Premises at the risk of the Licensee and hereby releases to the full extent permitted by law the Licensor from all claims and demands of every kind resulting from any accident, damage or injury occurring therein but excluding such claims and demands to the extent that such claims and demands arise out of the negligent or wilful acts omissions or default of the Licensor and the Licensor shall have no responsibility or liability for any loss of or damage to fixtures and/or personal property of the Licensee or any agent or servant of the Licensee or of any member of the public whilst in or upon the Premises  but excluding such loss or damage claims and demands to the extent that such loss or damage, claims and demands arise out of the negligent acts or wilful omissions or default of the Licensor.

 

(b)        The obligations of the Licensee under this clause shall continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for which the Licensee is responsible. Such obligation is to be governed by the Statute of Limitations.

 

43      LICENSOR’S WARRANTIES AND COVENANTS

43.1     Hazardous Chemicals

            The Licensor warrants that it has not received any notice pursuant to the Environmentally Hazardous Chemical Act, 1985 (NSW).

 

 44       LICENSOR'S POWERS AND FUNCTIONS

44.1     Approval by Licensor

(a)        In any case where pursuant to this Licence the doing or executing of any act, matter or thing by the Licensee is dependent upon the approval or consent of the Licensor such approval or consent shall not be effective unless given in writing and may be given or withheld (unless the context otherwise requires) by the Licensor and may be given subject to such conditions as the Licensor may determine unless otherwise provided in this Licence provided such consent or approval is not unreasonably withheld or such terms and conditions are not unreasonable.

 

(b)        Any failure by the Licensee to comply with a condition imposed by the Licensor pursuant to sub-clause 44.1(a) constitutes a failure by the Licensee to comply with a condition of this Licence.

 

 45       APPLICATION OF CERTAIN STATE AND COMMONWEALTH LAWS

45.1     Proportionate Liability

          Part 4 of the Civil Liability Act 2002 (NSW) does not apply to this Licence.

 

45.2     Licensee to Comply with all Commonwealth and NSW State Laws

 (a)       The Licensee shall comply with the requirements of all Statutes, regulations or by-laws and requirements of all relevant public and local authorities in so far as they apply in relation to the use and occupation of the Premises to the extent to which the Licensee is bound at law to comply with the same and nothing in this Licence affects this obligation.

 

(b)        The Licensee shall forthwith on being served with a notice by the Licensor comply with any notice or direction served on the Licensor by a competent authority relating to the destruction of noxious animals or plants or pests or the carrying out of repairs alterations or works on or to the Premises.

 

45.3     Licensee to Comply with Environmental Laws

In relation to its use of the Premises, the Licensee shall, during the Term of Agreement, and in relation to the Premises:

 

(a)        comply with relevant Environmental Law;

 

(b)        use its best endeavours to prevent a breach of any Environmental Law;

 

(c)        report any breach even if accidental; and

 

(d)        provide to the Licensor as soon as reasonably practicable details of notices received by or proceedings commenced against the Licensee pursuant to an Environmental Law:

 

(i)         relating to a breach or alleged breach by the Licensee of an Environmental Law; or

 

(ii)        requiring the Licensee to carry out works to decrease the affectation of the Premises by any Hazardous Substance.

45.4     Licensee’s Failure to Comply with Statutory Requirements

Where the Licensee breaches any law in relation to its use of the Premises it is taken to breach a condition of the Licence, provided that:

(a)   the Licensee has been found guilty of the breach, and

(b)        the Licensor determines that the breach warrants the termination of the Licence.

      

 

 

46        NOTICES

46.1     Service of Notice on Licensee

Any notice served by the Licensor on the Licensee must be in writing and shall be sufficiently served if:

(a)        served personally or left addressed to the Licensee at the address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor; or

 

(b)        sent by email to the Licensee’s email address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor;

 

(c)       sent by facsimile to the Licensee’s facsimile number stated in Column 2 of Item 10, of Schedule 1 or such other number as the Licensee notifies in writing to the Licensor; or

 

(d)        forwarded by prepaid security mail addressed to the Licensee at the address stated in Column 2 of  Item 10, of Schedule 1;

 

and every such notice must also be served on the Licensee’s solicitors as they may be nominated from time to time, or such other address or facsimile number as the Licensee’s solicitors notify in writing to the Licensor, by any methods identified in subclauses 46.1 (a), (b) and (c).

 

46.2     Service of Notice on Licensor

Any notice served by the Licensee on the Licensor must be in writing and shall be sufficiently served if:

 

(a)        served personally or left addressed to the Licensor at the address stated in Column 2 of Item 11, of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee; or

 

(b)        sent by email to the Licensor’s email address stated in Column 2 of Item 11,  of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee;

 

(c)        sent by facsimile to the Licensor’s facsimile number stated in Column 2 of Item 11, of Schedule 1 or such other number as the Licensor notifies in writing to the Licensee; or

 

(d)        forwarded by prepaid security mail addressed to the Licensor at the address stated in Column 2 of  Item 11, of Schedule 1

 

and every such notice must also be served on the Licensor’s solicitors, as they may be nominated from time to time, or such other address or facsimile number as the Licensor’s solicitors notify in writing to the Licensee, by any methods identified in subclauses 46.2 (a), (b) and (c).

 

46.3     Notices

(a)        Any notice served by the Licensor or the Licensee under this Licence shall be effective if signed by a director or secretary or the solicitors for the Party giving the notice or any other person or persons nominated in writing from time to time respectively by the Licensor or by the Licensee to the other.

 

(b)        Any notice sent by prepaid security mail shall be deemed to be served at the expiration of 2 Business Days after the date of posting.

.

(c)        Any notice sent by facsimile machine shall be deemed to be served on the first Business Day after the date of transmission (provided that the sending Party receives a facsimile machine verification report indicating that the notice has been transmitted).

 

47        PROCEDURE - DISPUTE RESOLUTION

(a)        In the event that the Licensor and the Licensee are in dispute regarding any matter relating to or arising under this Licence or in respect of any approvals or consents to be granted by the Licensor (except those approvals or consents where the Licensor has an obligation to act reasonably) to the Licensee hereunder or where it is acting in its statutory capacity, then either the Licensor or the Licensee may give notice and particulars of such dispute to the other Party.

 

(b)        Where a notice of dispute is served pursuant to this clause the Parties agree to enter into informal negotiations to try and resolve the dispute in good faith and in an amicable manner.

 

(c)        If the dispute is not resolved informally within 21 days of service of written notification, the Parties may confer with a mutually agreed third party whose role will be to assist in the resolution of the dispute by mediation or expert appraisal of the dispute. The Parties agree to provide all information and assistance reasonably requested by such third party, including access to any accounting or other business records relating to or arising out of the Licence.

 

(d)        A third party appointed in accordance with this clause may decide in which proportions any fees will be borne by the respective Parties. In the absence of any such decision by the third party fees shall be borne equally by the Parties.

 

(e)        Neither Party shall be entitled to commence or maintain any proceedings in any court or tribunal until negotiations or mediations have taken place pursuant to this clause except where either Party seeks urgent interlocutory relief.

 

(f)        Either Party may at any time bring negotiations or mediation to an end by serving upon the other Party written notice stating that the dispute has failed to be resolved. Upon service of such notice both Parties shall be entitled to pursue any legal remedies available to them in relation to the dispute.  This sub-clause does not in any way limit a mediator's power to apportion fees under sub-clause 47(d).

 

 (g)       Notwithstanding the existence of a dispute under this or any other clause of this Licence the Parties must, unless acting in accordance with an express provision of this Licence, continue to perform their obligations under this Licence.

 

MISCELLANEOUS

 

48        NO MORATORIUM

Any present or future legislation which operates to vary obligations between the Licensee and the Licensor, except to the extent that such legislation is expressly accepted to apply to this Licence or that its exclusion is prohibited, is excluded from this Licence.

 

49        NO WAIVER

No waiver by a Party of any breach of any covenant obligation or provision in this Licence either express or implied shall operate as a waiver of another breach of the same or of any other covenant obligation or provision in this Licence contained or implied.  None of the provisions of this Licence shall be taken either at law or in equity to have been varied waived discharged or released by a Party unless by express consent in writing.

 

 

50        NO MERGER

Nothing in this Licence merges, postpones, extinguishes lessens or otherwise prejudicially affects the rights and remedies of the Parties under this Licence or under any other agreement.

 

 

51               COUNTERPARTS

(a)        A Party may execute this Licence by signing any counterpart.

 

(b)        All counterparts constitute one document when taken together.

 

52        CONTACT PERSON

The Licensor and the Licensee each must nominate a person to contact about matters arising under this Licence. The person so nominated is the person referred to in Column 2 of Items 13 and 14, of Schedule 1 or such other person as the Licensor nominates in writing to the Licensee and the Licensee nominates in writing to the Licensor from time to time.

 

53        APPLICABLE LAW

This Licence shall be construed and interpreted in accordance with the law of New South Wales.

 

54        NO HOLDING OUT

The Licensee shall not in connection with the Premises or otherwise directly or indirectly hold out or not permit to be held out to any member of the public any statement, act, deed, matter or thing indicating that the Premises or the business conducted or operated thereon or any parts or parts thereof are or is being carried on or managed or supervised by the Licensor nor shall the Licensee act as or represent itself to be the servant or agent of the Licensor.

 

55      WHOLE AGREEMENT

 

(a)        The provisions contained in this Licence expressly or by statutory implication cover and comprise the whole of the agreement between the Parties.

 

(b)        No further or other provisions whether in respect of the Premises or otherwise shall be deemed to be implied in this Licence or to arise between the Parties hereto by way of collateral or other agreement by reason or any promise representation warranty or undertaking given or made by any Party hereto to another on or prior to the execution of this Licence.

 

(c)        The existence of any such implication or collateral or other agreement is hereby negatived.

 

 

56      SPECIAL CONDITIONS

 

The Special Conditions set out in Schedule 2 apply and form part of this Licence.

 

 

 

      

 


SCHEDULE 1

Item

Clause

Column 1

Column 2

1

2

Licensor

Molong Golf Club and Showground (D.590024) Reserve Trust

2

2

Licensee

Molong Golf Club Ltd.

3

2

Market Rent

$440 p.a.

4

2

Rent Rebate

Nil

5

2

Initial Rent

$440

6

2

Due Date

1st July 2013 and each anniversary of this date in each year of the Term of Agreement and any holding over period. Day usage fees are to be paid quarterly.

7

14.4

Annual Rental Adjustment

12 months from commencement and annually there after

8

14.5

Market Rent Review Date

3 years from Commencement Date of Licence and every 3 years thereafter [as applicable depending on the Term of  Licence]

9

24

Address for Payment of Rent

 

Cabonne Council

PO Box 17

Molong NSW 2866

 

10

46.1

Licensee’s address for Service of Notices

 

Molong Golf Club Ltd.

Attention: Secretary

Postal address: PO Box 78, Molong, NSW, 2866

 

11

46.2

Licensor’s address for Service of Notices

 

General Manager, Cabonne Council

Phone: 63923200

Postal Address: PO Box 17, Molong, NSW, 2866

 

12

36

Public Risk Insurance amount

$20 Million

13

52

Licensor’s Contact Person

Denis O’Brien

14

52

Licensee’s Contact Person

John Gartrell

15

6

Permitted Use

Golf club and golf course

16

7

Commencement Date

1st July 2013

17

7

Expiry Date

30th June 2023

18

2

Term of Agreement

10 years

19

5

Essential Conditions of Licence

Clauses 6.2, 6.3, 8, 14, 33, 36, 37, 38, 45.2, 45.3, 45.4

20

25.2

Entry by the public

Entry by the public is via the main gate off Euchareena Road

 

End of Schedule 1

 

 

 

 

 

Schedule 2 Special Conditions

Special conditions to be listed

 

 

 

 

 

 


Dated this                             day,                     2013

 

THE COMMON SEAL of Molong  Golf Club Ltd. was affixed in the presence of:

 

 

THE COMMON SEAL of Cabonne Council in its capacity as trust manager of the Molong Golf Club and Showground (D.590024) Reserve Trust

 

Signature

 

Print Name

 

Office Held

 

 

First Signatory

 

Print Name

 

Office Held

SIGNED BY THE LICENSEE in the presence of

 

Signature of Witness

 

Print Name

 

 

Second Signatory

 

Print Name

 

Office Held


Item 29 Ordinary Meeting 17 September 2013

Item 29 - Annexure 1

 

 

 

Ministerial Consent*

Under authority of Section 102 of the Crown Lands Act 1989.

Dated this                              day of                                    2013

 

 

SIGNED by ……………………………………………………under delegation

 

 

Print Name

 

Print Position of Delegate

 

 

 

 

 

 

 

 

 

 

 

If Ministerial consent is not required under Section 102 of the Crown Lands Act, please attach evidence of authorisation.

 

*Note on Minister’s Consent to a licence (other than a temporary licence)

Before consenting to a licence by a reserve trust, the delegated departmental officer should consider whether the proposed licence:

□    conforms with the Lands template as appropriate in the circumstances

□    purpose is compatible with  the reserve purpose

□    is in the public interest

□    is compatible with the plan of management (if applicable)

□    is for an appropriate term

□    was or is proposed to be selected by public competition or, if not, the circumstances relating to the selection of the proposed licensee

□    proposed rent represents a proper return to the public for the use of the public land

□    contains provisions for the periodic updating or review of the rent

□    has no native title impacts

□    contains clauses relating to:

the termination of the licence in the event of a revocation of the reserve

the indemnification of the Reserve Trust, the Crown and the NSW Government against claims for compensation

appropriate insurance provisions.


PREMISES APPENDIX

THIS IS A PREMISES APPENDIX REFERRED TO AND DEFINED IN THE LICENCE AGREEMENT BETWEEN THE Molong Golf Club and Showground (d.590024) RESERVE TRUST AND Molong Golf Club Ltd. IN ACCORDANCE WITH THE PROVISIONS OF CL ACT FOR THE PERMITTED USE [INSERT PERMITTED USE], THIS PREMISES APPENDIX VARIES AND FORMS PART OF THE LICENCE AND ITS TERMS ARE INCORPORATED IN THEIR ENTIRETY INTO THE LICENCE

Descriptions of Land

Parish

GAMBOOLA

County

WELLINGTON

Locality

MOLONG

Deposited Plan

756883

Commencement Date

1ST JULY 2013

Expiry Date

30TH JUNE 2023

Initial Rent

 $440

Plan

Plan attached and marked as “A”

Third Party Exclusive Area

N/A

Enclosed Area

N/A

 

 


Item 32 Ordinary Meeting 17 September 2013

Item 32 - Annexure 1

 


Item 34 Ordinary Meeting 17 September 2013

Item 34 - Annexure 1

 

DRAFT List of Council’s Policies as at 20 August 2013

 

Access to Information Held By Council Policy

Accident and Incidents Reporting and Investigation Policy

Active Australia - Local Government Network Policy

After School Hours Care Policy.

Alcohol and other Drugs Policy

Alcohol Control in Public Places Policy

Amusu Theatre - Trusteeship Policy

Anzac Day Celebration - Attendance in Orange Policy

Asset Management Policy

Australia Day Policy

Australian Flag Policy

Australian National Field Days - Award Policy

Building Alignment Policy

Building Inspections Policy

Bush Fire Brigades - Amalgamation Policy

Cabonne Cemeteries Policy

Cabonne Council Environmental Policy Statement

Cabonne Council HACC Policies and Procedures Policy

Cabonne Water Supply Policy

Caravan Park Fees for Pensioners Policy

Caravans and Fixed (rigid) Awnings Policy

Cashier Discrepancies Policy

Central West Libraries Related Policy

Child Protection Policy

CIP Valid Period of Offer Policy

Code of Conduct - Procedure for the Administration of Policy

Code of Conduct Policy

Code of Meeting Practice Policy

Columbarium - Use of Fees Policy

Committee Meetings - Local Traffic Committee Policy

Committees under s355

Communications and Media Policy

Community Facility Direction Signs Policy

Community Services Visitors Scheme Policy

Community Transport Policy

Complaints Management Policy

Corrupt Conduct - Reporting to ICAC Policy May 2013

Council Landfill Sites Access Policy

Council Swimming Pools - Operation and Supervision Policy

Councillors and Mayoral Fees Annual Review Policy

Cumnock Swimming Pool - Private Use Policy

Customer Service Policy

Delegates to Central Tablelands Water Policy

Dog Control Policy

Domestic Waste Management Charge - Vacant Premises and Flats Policy

Donations Policy

Dwarf Walls Policy

Dwelling Entitlements - Use of SEPP1 policy

Event Management Policy

Family Day Care Policy

Footpaths - Use for Outdoor Eating Areas Policy

Gathering Information - A Risk Management Policy

Genetically Modified Organisms

Gravel Royalty Rates Policy

Grazing Road Reserves Policy

Guarantees Bonds - Minimum Requirement Policy

Hall Hire Fees - Molong and Cudal Policy

Health and Safety Committee - Formation Policy

Health Services Policy

Hire of Items - Molong Cudal Community Centres and s355 Operated Halls Policy

Hire of the Public Address System Policy

Housing Construction - Water Tanks Policy

Installation of Hail Cannons policy

Interest Rates on Loans Policy

Investment Policy

Kerb and Gutter Accounts - Corner Blocks Policy

Land Acquisition - Public Roads Policy

Leasing Unnecessary Roads - ss153 157 Roads Act 1993 Policy

Liquid Trade Waste Policy

Loans - Sewerage Connection Policy

Local Road Naming Policy

Management of Workplace Risk Policy

Managing Volunteer's Policy

Manildra Recreation Ground - Electricity Charges Policy

Medium Density Housing - Development Standards Policy

Memorials and Monuments on Council Land Policy

Mobile Phones Policy

Mud-brick Construction Policy

No Forced Amalgamations Policy

No Smoking Policy

Notice of Application to Erect a Building Policy

Noxious Weeds Statement Policy

Official Office Hours Policy

Onsite Waste Water Management Systems Policy

Outstanding Service Award - Elected Members Policy

Park in Kiewa Street Manildra Policy

Payment of Expenses for Mayor and Councillors 2013 Policy

Pensioners' Rates Policy

Policing in the Cabonne Area Policy

Privacy Management Plan Policy

Private Works Policy

Procurement (including local preference) Policy

Procurement (including local preference) Policy

Promotional Signage within the Cabonne Council Area Policy

Property Signposting Policy

Public Interest Disclosures (Internal Reporting) Policy

Public Use of Sporting Fields Policy

Public Water Supplies - Restriction Policy

Quarries - Reserves for Restoration Policy

Rate Income - Maximising of Policy

Rating - Farmland Policy

Receipting Facility Orange - Casual Office Facilities Policy

Reconstitution of Existing Holdings Policy

Records Management Policy

Regional Neighbouring Councils Co-operation Policy

Request for Reduction in Water and Sewerage Consumption Policy

Restriction Disconnection and Debts Recovery for User Pays Water Accounts Policy

Restriction to User - No Dwelling Entitlement Policy

Revenue Policy

Risk Management Policy

Road Closure and Purchase Applications Policy

Road Funding - Changes to Grants for Local Policy

Road Load Limits Policy

Road Openings - Private Water Pipelines Policy

Roads - Fencing Ramps Policy

Roads Or Footpaths Incident Apology Policy

Scare Guns Policy

School Bus Stops - Signs Policy

Sewer Policy

Sign Off of Council Correspondence Policy

Signs as Remote Supervision - A Risk Management Policy

Skateboards on Footpaths - Bank Street Molong Policy

Source of Finance Policy

Sports Councils Policy

Street and Stream Signage Policy

Street Stall and Raffle Ticket Policy

Temporary Road Closures (other than emergency or road works) Policy

Third Party Legal Costs Policy

Tree Management Policy

Use of Colorbond in Visually Prominent Areas Policy

Use of Council’s Logo Policy

Use of Trotting Track at Molong Showground Policy

Voluntary Purchase Policy

Waste Collection Districts Policy

Waste Management Charges - Community Groups Policy

Water Service Through Culverts Policy

Water Supply Connections (Other than Standard Town Connection) Policy

Work by Private Contractors on Public Roads Reserves and Private Property Policy

Work Health and Safety and Workers Compensation Policy

Work Health and Safety Policy

Work Place Safety Audits and Inspections Policy

Youth Ambassador Award Policy

 


Item 36 Ordinary Meeting 17 September 2013

Item 36 - Annexure 1

 





Item 40 Ordinary Meeting 17 September 2013

Item 40 - Annexure 1

 


Item 43 Ordinary Meeting 17 September 2013

Item 43 - Annexure 1

 




 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 17 September, 2013

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      INVESTMENTS SUMMARY................................................................. 1

ITEM 2      RATES SUMMARY................................................................................ 1

ITEM 3      BUSINESS ACTIVITY STATEMENT FOR JULY 2013.................. 2

ITEM 4      ANNUAL REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT............................................................................................... 3

ITEM 5      CENTROC BOARD MEETING AUGUST 2013................................ 4

ITEM 6      WBC ACTIVITIES UPDATE REPORT............................................... 5

ITEM 7      COUNCILLORS' AND SENIOR STAFF EXPENSES PLUS COUNCILLORS' ATTENDANCES REPORTING ........................................................... 6

ITEM 8      RESOLUTIONS REGISTER - INFOCOUNCIL - OUTSTANDING ACTIONS       6

ITEM 9      COUNCIL'S WORKERS' COMPENSATION PREMIUMS.............. 7

ITEM 10    DEVELOPMENT APPLICATIONS RECEIVED DURING AUGUST 2013    8

ITEM 11    DEVELOPMENT APPLICATIONS APPROVED DURING AUGUST 2013  10

ITEM 12    BURIAL STATISTICS......................................................................... 12  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Investment Report as at 31st August 2013... 14

ANNEXURE 2.1    Rates graph...................................................................... 16

ANNEXURE 5.1    Minutes Centroc Board meeting 22 August 2013 17

ANNEXURE 6.1    Report to Council September 2013.................... 21

ANNEXURE 7.1    2012-2013 Councillor's Table of Attendances 45

ANNEXURE 7.2    2012-2013 Councillors' Expenses Summary .. 58

ANNEXURE 7.3    2012-2013 GM and Directors' Expenses ............. 59

ANNEXURE 8.1    Council................................................................................ 60

ANNEXURE 8.2    Community Services..................................................... 96

ANNEXURE 8.3    ED and T............................................................................. 101

ANNEXURE 8.4    Environmental Services........................................ 102

ANNEXURE 8.5    Quarry Review.............................................................. 106

ANNEXURE 8.6    Rates................................................................................... 107

ANNEXURE 8.7    Works................................................................................. 108 

 


 

 

ITEM 1 - INVESTMENTS SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Investment Schedule.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b - Maximise Secure Income through Investments

Annexures

1.  Investment Report as at 31st August 2013    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 491328

 

Finance Manager's REPORT

 

Council’s Investments as at 31 August 2013 stand at a total of $38,709,855. This is up by $1,251,205 from the previous month due to monies being received for the quarterly rate instalments and the quarterly instalment of the Financial Assistance Grant.

 

Council’s average interest rate for the month was 3.91%, down slightly from last month, as interest rates offered by the financial institutions are reflecting the July cut to the official cash rate. The Reserve’s bank official cash rate remained steady at 2.5% for the month of August. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 2.60%.

 

Council’s investments are held with multiple Australian Financial institutions with varying credit ratings according to Council’s Investment Policy. The annexure attached to this report shows a break up of each individual institution that Council invests with and its “Standard and Poors” Credit Rating.

 

The Schedule of Investments to 31 August 2013 is attached for Council’s information.

 

 

ITEM 2 - RATES SUMMARY

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to Council's Rates collections.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.a - Level of rate of collection

Annexures

1.  Rates graph    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 491329

 

Finance Manager's REPORT

 

Rate Collection Summary to 31 August 2013 is attached for Council’s information. The percentage collected is 31%, which is consistent with previous years. The first instalment has past the due date which relates in the increase in the collection from last month. There are issues due to the data conversion process of the arrears in the new computer software which may affect the collection percentage.

 

ITEM 3 - BUSINESS ACTIVITY STATEMENT FOR JULY 2013

REPORT IN BRIEF

 

Reason For Report

To advise of Council's obligations with regard to GST reporting for the month ended 31 July 2013

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.4 - Manage the present and long term financial sustainability of Cabonne Council

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\TAX\GST - 492308

 

Finance Manager's REPORT

 

Council’s Business Activity Statement for the month of July 2013 was completed and submitted to the Australian Taxation Office on 20th August 2013.  This was prior to the statutory deadline of 21st August.

 

The July Business Activity Statement resulted in a refund to Council of $47,296.00. 

 

A comparison between July 2013 and June 2013 shows the major differences as follows:

 

·    Total Income Received decreased by $3,774,766 compared to June 2013.  Income received in June included Financial Assistance Grants received in advance of $2,201,235 and investment proceeds of $1,000,000. 

·    GST Free Income decreased by $2,722,815.  This variance includes the Financial Assistance Grant received in advance of $2,201,235 and the investment proceeds of $1,000,000.  In addition, GST free income for July includes a transfer from Council’s CBA investment account of $578,000.

·    Capital Purchases decreased by $1,274,448.  Totals for June included amounts paid to Aquawest for Manildra Sewer ($155,000), Schumack Engineering for a roads contract ($108,000), Ted Wilson & Sons for Manildra Sewer ($143,000), Beau Corp for Canowindra Swimming Pool ($145,000) and Fulton Hogan for road works on Casuarina Drive ($177,000).

 

There was no Fringe Benefits instalment payable in the July Business Activity Statement.

 

No Diesel Fuel Rebate was claimed for July.

 

 

ITEM 4 - ANNUAL REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT

REPORT IN BRIEF

 

Reason For Report

In accordance with Clause 12.1 of Council's adopted Procedures for the Administration of the Code of Conduct Policy, the General Manager is required to report to Council annually on Code of Conduct complaints.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.g Code of Conduct adhered to.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2012-2016\CODE OF CONDUCT - 494924

 

General Manager's REPORT

 

Clause 12.1 of Council’s adopted Procedures for the Administration of the Code of Conduct (adopted 19 February 2013) requires the General Manager to report annually to Council on Code of Conduct complaints. This report should include, as a minimum, a summary of:

 

a)   The total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September,

b)   The number of code of conduct complaints referred to a conduct reviewer,

c)   The number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints,

d)  The number of code of conduct complaints investigated by a conduct reviewer,

e)  The number of code of conduct complaints investigated by a conduct review committee,

f)    Without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,

g)  The number of matter reviewed by the Division and, without identifying particular matters, the outcome of the reviews, and

h)  The total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

 

This report covers the period 1 September 2012 to 31 August 2013.

 

In regard to complaints received during the subject period, I advise that there were NIL complaints received.

 

 

ITEM 5 - CENTROC BOARD MEETING AUGUST 2013

REPORT IN BRIEF

 

Reason For Report

To update Council on outcomes of the CENTROC Board Meeting held 22 August 2013 in Dubbo.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.1.d Maintain effective membership of Centroc, WBC Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LGSA and other forums.

Annexures

1.  Minutes Centroc Board meeting 22 August 2013    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC - 494949

 

General Manager's REPORT

 

The CENTROC board meeting was held in Dubbo on 22nd  August 2013.  The meeting was attended by the Mayor and General Manager.

 

Agenda items included:

 

·    Transport Infrastructure including the Bells Line of Road

·    Water Infrastructure

·    Health

·    Telecommunications

·    Regional Development

·    Planning report

·    Operational report

·    Communications report

·    Future event at Parliament House

·    Financial Report

 

Minutes of the meeting are attached for Council’s information.

 

ITEM 6 - WBC ACTIVITIES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on WBC activities for the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

 4.5.4.c - Ensure long term viability of Wellington/Blayney/Cabonne (WBC) Strategic Alliance

Annexures

1.  Report to Council September 2013    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\WBC - 495150

 

General Manager's REPORT

 

An update report on activities undertaken by the WBC Executive Manager has been provided as an annexure for Councillors’ information.

 

Following is a list of current activities included in the report. For a comprehensive progress report on activities please refer to the annexure.

 

·    Independent Review of Local Government

 

§ Shared Services Project

§ Business Case

§ Model Development

§ Timelines

§ What Next?

 

·    WBC Board Meeting and Presentation Annual Report

 

·    WBC Response to Independent Review Panel – Twenty Essential Steps

 

ITEM 7 - COUNCILLORS' AND SENIOR STAFF EXPENSES PLUS COUNCILLORS' ATTENDANCES REPORTING

REPORT IN BRIEF

 

Reason For Report

Requested by Council

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1 - Provide ethical, open, accountable and transparent decision making processes

Annexures

1.  2012-2013 Councillor's Table of Attendances

2.  2012-2013 Councillors' Expenses Summary  

3.  2012-2013 GM and Directors' Expenses     

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2012-2016\ALLOWANCES and EXPENSES - 485561

 

Administration Manager's REPORT

 

Background

This report dates back to the August and September 2010 Council meetings.

Council resolved, inter alia:

THAT Council:

2.      Receive a report in September each year providing a break-up of expenses provided under the headings of Councillor or staff member, type and amount of expense, facility or other in-kind benefit, etc for the previous financial year including Directors’ expenses.

5.      Receive a report in relation to councillors’ attendances…

A report was submitted last year with a request that Council consider whether the attendances aspect of the information requested in the report was still necessary as the details of councillors’ attendances are listed in the Minutes from councillors’ monthly activities reports.  Council resolved to continue to receive this information.  

Reports for 2012/13 Year

Attached please find reports relating to:

1.     expenses claimed by each councillor, director and general manager as provided by Finance staff; and

2.     councillors’ monthly activities.

 

ITEM 8 - RESOLUTIONS REGISTER - INFOCOUNCIL - OUTSTANDING ACTIONS

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report of outstanding actions up to last month's Council and Committee meetings.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4. 5.1.a - Provide quality administrative support and governance to Councillors and Residents

Annexures

1.  Council

2.  Community Services

3.  ED and T

4.  Environmental Services

5.  Quarry Review

6.  Rates

7.  Works    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 496510

 

Administration Manager's REPORT

 

InfoCouncil generated reports are provided including actions up to the previous month’s meetings Resolutions.  These are annexed sorted by meeting i.e. Council, Community Services, etc. 

 

Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.

 

Councillors should raise any issues directly with Directors as per the Mayor’s request.

 

 

ITEM 9 - COUNCIL'S WORKERS' COMPENSATION PREMIUMS

REPORT IN BRIEF

 

Reason For Report

Council has received a refund for the 2012-13 Workers' Compensation premium. This is part of a significant premium reduction from previous years.

Policy Implications

Nil

Budget Implications

Savings in the actual premium paid to StateCover Mutual Ltd.

IPR Linkage

4.5 A Council that is effective and efficient

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RISK MANAGEMENT\CLAIMS MANAGEMENT\STATECOVER - WORKERS COMPENSATION INSURANCE - 493648

 

Risk Management Officer's REPORT

 

Council has received correspondence from StateCover Mutual Ltd, the Workers’ Compensation insurer, outlining premium costs for the 2011-2012 and 2012-2013 premium years.

 

Council has had to pay significant premiums in recent years, due to the large number of claims and especially long term claims, where the claims experience has a significant impact on the increases in premium.

 

The 2011-12 premium has now been finalised, with the actual premium paid being $746,446 – an unacceptably high figure. StateCover have also provided an adjusted premium for the 2012-2013 premium year. This has resulted in a rebate premium payable to Council for the amount of $96,476.

 

Although the rebate is good news for Council, more importantly, there has been a reduction in premium between the 2011-2012 and 2012-2013 premium years of $162,489. This is a pleasing result, showing that improvements in the way we perform our work has impacted on the number of workers’ compensation claims and particularly the longer term, high impact claims.

 

A key benchmark for the measurement of Council’s Workers’ Compensation performance is the premium rate paid by Council compared to the average rate of the industry and/or group of Councils. The premium rate paid by Council incorporates rating factors which take into account the claims experience of Council and the claims experience of the local government industry. Cabonne had in 2011-2012 an Average Premium Rate of 6.77% compared to the industry of 3.69%. This has dropped to 4.91% in the 2012-2013 premium year.

 

The 2013-2014 premium year has started off well with minimal claims. If this trend continues, and with the commitment of all staff, Workers’ Compensation premiums can fall considerably further to an acceptable level equal to or better than the premiums of similar Councils over the next two or three years.

 

ITEM 10 - DEVELOPMENT APPLICATIONS RECEIVED DURING AUGUST 2013

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications received during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Provide efficient and effective development assessment.

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 495839

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/8/2013 to 31/8/2013 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Café at Rear of Existing Shop

$3,000

Demolition of Dwelling & Outbuildings

$18,000

Detached Garage

$10,000

Garage

$19,000

Shade Shelter at Swimming Pool

$15,000

Dwelling

$190,000

Dwelling

$300,000

Sculpture/Sign at Molong Recreation Ground

$2,500

Weigh Bridge/Sample Stand & Amenities

$700,000

Fire Shed & Water Tank

$215,000

Toilet Block

$35,000

Dwelling

$337,000

Renovations to Dwelling

$30,000

Dwelling

$355,602

Mountain Bike Trail Centre

$10,000

Storage Shed

$6,000

Archway Entrance to Sportsground

$4,500

Dwelling & Attached Garage

$250,000

Retaining Wall

$3,000

Shed

$16,180

Dwelling

$478,962

Change of Use – Office to Medical Therapies

$-----

Public Event – Jubilee Bushranger Celebrations

$-----

Modification of Dwelling/Shed/Workshop

$-----

Subdivision

$-----

S68 – Septic Tank

$-----

S68 Only

$-----

S68 Only

$-----

S68 Only

$-----

S68 Only

$-----

Modification to Dwelling & Garage

$-----

S68 Only

$-----

S68 Only

$-----

S68 Only

$-----

S68 Only

$-----

S68 Only

$-----

TOTAL: 36

$2,998,744

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE