Agenda of Ordinary Meeting - 17 December 2013

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

Reason For Report	To allow tendering of apologies for Councillors not present.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 511531

Recommendation

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

General Manager's REPORT

A call for apologies is to be made.

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

Reason For Report	To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 511532

Recommendation

THAT the Declarations of Interest be noted.

General Manager's REPORT

A call for Declarations of Interest.

ITEM 3 - DECLARATIONS FOR POLITICAL DONATIONS

REPORT IN BRIEF

Reason For Report	To allow an opportunity for Councillors to declare any Political Donations received.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 511533

Recommendation

THAT any Political Donations be noted.

General Manager's REPORT

A call for Declarations of any Political Donations.

ITEM 4 - CONDUCT OF JANUARY MEETING

REPORT IN BRIEF

Reason For Report	Determine whether Council will conduct an ordinary meeting in January 2014.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5 A Council that is effective and efficient.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 514908

Recommendation

THAT:

1. Council not conduct an Ordinary meeting in January 2014 due to the restricted time frame available.

2. An Extraordinary meeting be conducted in January or on February Committee day if necessary.

MAYORAL MINUTE

Council at its December meeting has traditionally given consideration to the conduct of a meeting during January. The issue is usually raised due to the limited business to be transacted and the availability of Councillors and staff.

In discussions with the General Manager, he has indicated he believes that there is no general need for a meeting in January, provided if such a meeting was necessary it can be done through the calling of an Extraordinary meeting.

In previous years Council has also conducted an Extraordinary meeting on its February Committee meeting day to cover any urgent matters that cannot wait until the February Ordinary Council meeting date.

The matter is one that Council will need to give some consideration to at the December meeting, so that appropriate arrangements and notices can be put in place.

ITEM 5 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 511534

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 6 - 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 - 511535

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 20 be moved and seconded.

Director of Finance and Corporate Services' REPORT

Item 7 to 20 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 7 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	1. November 19 2013 Council Minutes 2. December 3 2013 Extraordinary Council Minutes
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2013 - 511536

Recommendation

THAT the minutes of the Ordinary Meeting held 19 November 2013 and Extraordinary Meeting held 3 December 2013 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement.

1. Minutes of the Ordinary Council meeting held on 19 November, 2013.

2. Minutes of the Extraordinary Council meeting held on 3 December 2013.

ITEM 8 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	1. December 3 2013 Community Services Committee report
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2013 - 511537

Recommendation

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

Community Services Manager's REPORT

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

ITEM 9 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	1. December 3 2013 Economic Development and Tourism Committee report
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2013 - 511538

Recommendation

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 3 December 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 December 2013 for Council’s adoption.

ITEM 10 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	1. December 3 2013 Works Committee report
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2013 - 511539

Recommendation

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

ITEM 11 - RATE REVIEW COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	Adoption of Rate Review Committee recommendations.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	1. December 3 2013 Rate Review Committee report
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2013 - 517175

Recommendation

THAT the report and recommendations of the Rate Review Committee Meeting of Cabonne Council held on 3 December 2013 be adopted.

Director of Finance & Corporate Services' REPORT

Attached is the report of the Rate Review Committee Meeting of Cabonne Council held on 3 December 2013 for Council’s adoption.

ITEM 12 - MOLONG GASWORKS REMEDIATION

REPORT IN BRIEF

Reason For Report	Seeking Council approval for variation to Council's Procurement (including local preference) Policy.
Policy Implications	One-off variation requested.
Budget Implications	Nil
IPR Linkage	4.5 - A Council that is effective and efficient.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\MOLONG GASWORKS - 517625

Recommendation

THAT Council authorise the variation of its Procurement (including local preference) Policy for the review of documentation of the former Molong Gasworks site.

Director of Finance & Corporate Services' REPORT

Council has engaged Geolyse to conduct a review of the remediation works and preparation of Voluntary Management Proposal for the Molong Gasworks site in conjunction with the Environmental Protection Authority to achieve a suitable document to enable tender documents to be issued.

To enable this review to be carried out it would be necessary for Council to engage a number of specialists in various areas that are familiar with the project in conjunction with Geolyse. This would involve contamination specialists in ground water monitoring, remediation works, specific voluntary management proposals and assistance in preparation of tender documents.

Due to the specialist nature of each of these contracts, it will be required for Council to waive its Procurement (including local preference) Policy, which requires for amounts over $20,000 to have a request for quotation advertisement in the paper and be treated similar to a tender other than the requirement for it to be adopted by Council.

This process would be both time consuming and unlikely to result in a more adequate result for Council. For this reason Council is requested to make a one-off variation to its policy to enable specialists to be engaged on the advice of Geolyse as the Project Manager.

ITEM 13 - CENTRAL WEST LIBRARIES - CENTRAL WEST WRITERS' CENTRE (CWWC)

REPORT IN BRIEF

Reason For Report	Central West Writers' Centre (CWWC) has not received funding for 2014.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.2.b - Participate in decision making processes and initiatives of Central West Libraries (CWL)
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\CENTRAL WEST LIBRARIES - 513182

Recommendation

THAT Cabonne Council write to the Local Member Mr Andrew Gee MP asking that he lobby for funding for the CWWC for 2014.

Administration Manager's REPORT

At the Central West Libraries Committee Meeting held in Forbes on Friday 25 October 2013 Member Councils were advised notification had been received from Arts NSW that the Central West Writers' Centre (CWWC) had not received funding for 2014.

This builds on the outcome of the 2013 funding round where the CWWC had only received $10,000 of the requested $30,000 funding.

All delegates present agreed to urge member councils to write to their Local Member as without this funding the Centre will no longer operate.

BACKGROUND ON CENTRAL WEST WRITERS' CENTRE

• The Central West Writers' centre (CWWC) was established in 1996 after considerable community lobbying. The area served by the Writers' Centre mirrored the Arts OutWest footprint. Funding from Arts NSW allowed for a paid coordinator (19 hour pw) and the development and administration of programs. The Centre was located in Orange City Library and received in-kind support from Orange City Council (OCC).

The Centre was an incorporated body managed by a Community Committee which included representation from Central West Libraries (CWL).

• By February 2006 the CWWC was in danger of dissolution. The number of active committee members was extremely low and most of these exhibited signs of 'burn out'. To address this CWL proposed a new structure to deliver reading and writing activities to Central West NSW. With the approval of Arts NSW, the CWWC became part of CWL. A full time coordinator was appointed with the salary being a combination of Arts NSW (20%), CWL (20%) and OCC (10% Mary Elizabeth Byrnes Trust). The traditional Arts OutWest footprint continued to be served though due to the funding mix with greater emphasis on CWL's 5 member councils.

• In 2009 a review of Writers' Centres across NSW was conducted and the CWWC model was held up as an exemplar of best practice. There was some discussion within the industry at the time that the incorporation model for writers' centres could potentially expose them to an uncertain financial future.

• In the past 2-3 years the funding model changed from one where a pool of funds was available specifically for the states Writers’ Centres to one where Writers' Centres competed with other art forms (excluding libraries).

• In the 2014 grants from Arts NSW, CWWC was the only Writers' Centre not to receive funding with all others being funded to some degree. This means that the wider Central West Region is the only area in NSW without State Government support for the targeted promotion of reading, writing and literature in local communities.

• On October 30 Arts NSW finally agreed to our request for feedback first asked for on 22 October. A teleconference was held on 31 October where feedback was provided. They advised that while our application had met all the criteria it was not competitive enough to gain funding in the current economic environment.

Of concern was the feedback that one of the areas that had marked us down was around our structure. The Funding Committee had questioned the CWL Committee's ability to make decisions around cultural services. No amount of explanation around local government's structure and employment of experts seemed to be able to dissuade them of this.

However, in the 2014 funding program from Arts NSW, Local Government Councils were the recipients of forty-seven grants which mainly supported galleries and art or cultural centres. It appears to be inconsistent that Local Government has credibility for these cultural services but not for the delivery of programs by CWWC.

None of the grants distributed by Arts NSW in 2014 will directly benefit the community in the Cabonne Local Government area. Previously, CWWC included programs and events in the three main centres of Canowindra, Manildra and Molong and, through its combined funding model, ensured that some cultural funding reached our regional communities.

Over the last two years, the CWWC has delivered a number of reading and writing themed activities to Cabonne residents including:

• Author visits to Canowindra (Rick Bigwood) and Molong (Lynette Ralston, with a children's cartooning workshop)

• A regional book launch for Molong author and artist Michael Carroll

• A visit by children's picture book and media character "Peppa Pig" for pre-school children in Molong

• Hosting emerging writers from Molong at the monthly peer support and industry advice drop-in days in Orange

• The "Manildra Memories" memoir gathering project and subsequent online blog

• The book to film event "Manildra Movie Magic" at the historic AMUSU Theatre

• "Poets, Yarns and Songs @ the Pub"- a community event in Molong

ITEM 14 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

Reason For Report	To seek Council's endorsement of expenditure from the Community Facilitation Fund
Policy Implications	Nil
Budget Implications	$297 from the Community Facilitation Fund
IPR Linkage	3.3 - Sporting, recreational, Council and community facilities are maintained and developed. 4.2 - A network of viable, relevant and cultural facilities exists in Cabonne.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT - 517124

Recommendation

THAT Council endorse the expenditure of $297 from the Community Facilitation Fund for the erection of a garden-storage shed at the Cabonne Food, Wine and Cultural Centre.

ACTING ECONOMIC DEVELOPMENT MANAGER's REPORT

After revamping its town and village funding programs in September, Council created the Community Facilitation Fund (CFF), to be allocated at the discretion of the Mayor and General Manager, for smaller community projects not originally included in Council’s Budget.

The CFF is designed to progress community projects and fund smaller works with community benefit which were unforeseen when the Budget was prepared. Any expenditure under the CFF is to be submitted to Council for its endorsement.

The first expenditure under this new program was $297 to assist the volunteer committee at the Cabonne Food, Wine and Cultural Centre erect a garden-storage shed at their building in Cudal.

The committee purchased the shed in kit form some time ago, but did not have the resources to erect it and was unable to find a community group to provide assistance.

Following an approach from the committee, the General Manager agreed to meet the cost of engaging a local builder to undertake the work, with the amount to be provided from the CFF.

Council’s endorsement of that expenditure is now sought.

The project received considerable coverage in the November issue of the Cudal News in which the Food, Wine and Cultural Centre expressed its thanks to Council.

ITEM 15 - CUDAL SUMMER NIGHT MARKETS - FEBRUARY 2014

REPORT IN BRIEF

Reason For Report	For Council to make a determination on a recommendation from the Cabonne Local Traffic Committee
Policy Implications	Relates to Event Management Policy and Temporary Road Closures (other than emergency road works) Policy
Budget Implications	Nil
IPR Linkage	4.4 Community events build visitation, generate investment and strengthen community well-being. 1.1 A safe, efficient and quality urban and rural transport system for vehicles and pedestrians on Council's local, regional and state road network.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\ROAD CLOSURES\TEMPORARY - 516281

Recommendation

THAT approval be granted for the road closure for this event as set out in the Cudal A&P Society Inc. submission to conduct the ‘Cudal Summer Night Market’ on Smith Street, Cudal on Saturday 8 February 2014 with the temporary road closure of Smith Street, between the Main Street and the unnamed laneway from 4:00PM to 9:00PM subject to the following conditions:

1. Implementation of the submitted Risk Management Plan

2. A clear passageway of 4 metres wide should be maintained within the closed section of roadway for emergency access

3. Event organiser to obtain written approval from the NSW Police Force and all directions and conditions promptly obeyed

4. Council to be provided with an updated copy of the $20M Public Liability Insurance Policy, indicating Cabonne Council’s interests, with the date and location of the event

5. The Event Organiser must obtain owner’s approval for any use of private land

6. The Event Organiser is to notify all Emergency Services of the event

7. The Event Organiser is to notify all business proprietors and residents affected by the event at least 7 days prior to the event

8. The Event Organiser shall be responsible for the cost of repairing any damage caused to Council infrastructure as a result of the proposed event.

Design Manager's REPORT

This matter was referred to the Local Traffic Committee on 21 November 2013 for their recommendation to Council, as per the Guide to Traffic and Transport Management for Special Events and the Delegation to Councils for the Regulation of Traffic.

Council has received an application requesting approval for a road closure for the Cudal Summer Night Markets to be held on Saturday 8 February 2014.

ITEM 16 - CAMP QUALITY TRACTOR TREK - SEPTEMBER 2014

REPORT IN BRIEF

Reason For Report	For Council to make a determination on a recommendation from Cabonne's Local Traffic Committee.
Policy Implications	Relates to 'Event Management Policy'
Budget Implications	Nil
IPR Linkage	4.4 Community events build visitation, generate investment and strengthen community well being. 1.1 A safe, efficient and quality urban and rural transport system for vehicles and pedestrians on Council's local, regional and state road network.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PERMITS\WALKS - RUNS - RIDES - DRIVES - 516283

Recommendation

THAT Council approve the application subject to:

1. Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the ‘Guide to Traffic and Transport Management for Special Events’ (RTA v3.4 August 2006) for a Class 2 event

2. NSW Road Rules being observed by participants at all times

3. Written approval being obtained from NSW Police

4. Written approval being obtained from all affected Local Government Authorities

5. Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event

6. The Event Organiser notifying all Emergency Services of the event

Design Manager's REPORT

Council has received an application requesting approval for the Camp Quality Tractor Trek to proceed along local roads within the Cabonne LGA to be held in September 2014.

ITEM 17 - 2013 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

REPORT IN BRIEF

Reason For Report	To inform Council in a report of the congress.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.4 Transport infrustructure meets agricultural needs to get goods to and from markets.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 516635

Recommendation

THAT Council support future National Local Roads and Transport Congresses by sending delegates.

Design Manager's REPORT

Cabonne Council sent 2 delegates to the National Roads and Transport Congress at Alice Springs during 12 – 14 November 2013. The congress was held at the Alice Springs Convention Centre and delegates from across the nation came to the event.

Wednesday 13 November saw the opening of the congress with an opening ceremony, a welcome to country from the Central Arunta people and an address from the Australian Local Government Association (ALGA) President.

The Hon Warren Truss MP (Minister for Infrastructure and Regional Development) gave a welcome to the congress via video and announced a $300 million 50/50 funded bridge renewal program called “Bridges to a Stronger Future”. The Minister confirmed R2R and Black spot funding but raised uncertainty over the RDAF program. The Hon Antony Albanese MP also gave a video address to the congress.

Mr Richard Hancock from the National Heavy Vehicle Regulator (NHVR) gave a presentation on the developments with the Heavy Vehicle National Law implementation and how the NHVR are at the “pointy end” of implementing a one stop shop for Heavy Vehicle route assessments (or what Council once knew as Restricted Access Vehicles). The NHVR is due to go live after Christmas in New South Wales and is currently ironing out a few glitches within the system.

Council should note whilst this system is developed as to improve productivity across the nation, Council still decides on a heavy vehicle route or conditions imposed. The NHVR must impose any conditions Council requests. More information on the NHVR can be obtained from https://www.nhvr.gov.au/

Jeff Roorda from ALGA gave a presentation on the “National State of the Asset Report 2013”. Jeff explained how all 3 levels of government should be committed to renewing and maintaining infrastructure from a productivity and risk perspective. The report, derived from 344 local governments across Australia, outlined;

· 12% of the nation’s roads are in a poor condition;

· 6% of the nation’s roads do not meet the functionality required of the road;

· 30% of the nation’s timber bridges are in poor condition; and

· 10% of the nation’s concrete culverts are in poor condition;

· Only 60% of the nation’s LGAs have Asset Management Plans;

Jeff further argued that whilst the State Government is saying “you just have to live within your means” Councils across Australia are left with the dilemma on how to fund the first renewal of main infrastructure let alone meet community expectations.

The international speaker was a gentleman named Casey Vander Ploeg from Canada. Casey suggested Australia’s model of governance is similar in nature and structure. He reported similar problems in government funding in Canada as Australia and reported a $600 Billion funding gap in Canada. Some of the devices the Canadian local governments are using include,

· A focus on core responsibilities;

· Rational pricing;

· Competitive models of service delivery;

· Innovative design; and

· New ways of financing.

Casey concluded that he felt there is a relationship between infrastructure and economic gain and infrastructure drives growth. Casey’s concluding statements were,

· Low taxes guarantee economic gain;

· Natural resources are not a security for prosperity; and

· Economic futures rely on trade.

The congress then heard from 3 presenters for differing LGAs on The Local Government Challenge; A Council’s experience – The last mile. Murray Bridge Council in South Australia did a presentation on the Ferries McDonald Road upgrade. Alice Spring Council did a presentation the challenge of delivering goods to 260 remote communities and Ararat Council in western Victoria did a presentation on the Eversley Crowlands Bridge upgrade.

Andrew Hyles from the Department of Infrastructure and Regional Development did a presentation named Freight: Critical Challenges for Road Infrastructure. Andrew noted some of the challenges include,

· The growth of the Asian markets;

· Decreasing productivity;

· Urbanisation;

· Safety and emissions

Andrew suggested by 2030 Australia will have a population of over 30 Million people who live in major cities and an ageing population. He suggested by 2030 there will be 60% more trucks on the roads and a massive 75% increase of tonnage on our roads.

Andrew eluded the government’s response to the challenges include,

· Economic market reforms;

· Enhancing productivity;

· Targeting investment;

· The NHVR

· The Heavy Vehicle Charging and Investment Reform (HVCI)

· The investments programs,

o R2R ($1.75 Billion)

o Black spot ($300 Million)

o Bridge renewal ($300 Million)

o A commitment to build 500 new rest areas in the next 10 years.

Andrew further elaborated on the HVCI reform and presented a model of charging trucks to use roads based on Mass x Distance x Location type formula. The government plans to make decision on this model around 2015 and a possible implementation around 2019.

Day 2 of the conference started with 3 more presenters for differing LGAs on the The Local Government Experience – Local Government Infrastructure. An interesting presentation was done by a gentleman from Adelaide Council about the Anzac Highway upgrade and incorporating Water Sensitive Urban Design (WSUD).

The congress then heard from a gentleman who has worked in New Zealand’s local government system about Innovative Infrastructure Funding. New Zealand has an interesting financial model where the Federal Government lends money to the LGAs and imposes financial covenants on the LGAs.

New Zealand has setup a “Central Bank” comprising of 9 wealthy Councils which lends money to other Councils. To date this “Central Bank” has lent $3 Billion dollars. Interestingly, New Zealand also has legislation which exempts Councils from tax.

The conference then split into 2 concurrent sessions one being a workshop on the NHVR and one on Regional Airports. Council delegates both attended the NHVR workshop due to the implication of the regulator on Cabonne. The impact of the NHVR will be presented to Council for notation and resolution of a delegated “Roads Manager” in a further report at Council’s December meeting.

After a resolution of a Communique and the President of ALGAs close the Congress went on an interesting tour of Desert Knowledge Australia where the CSIRO has been conducting interesting experiments on solar panel efficiency.

Both of Councils delegates had an informative visit, networked with other Councils and enjoyed the trip. The city of Alice Springs is definitely a unique place and worth a visit.

ITEM 18 - MOLONG SHOWGROUND AND GOLF COURSE

REPORT IN BRIEF

Reason For Report	Seeking council authorisation for a new license agreement replacing a former lease agreement
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\SHOWGROUNDS - 515615

Recommendation

THAT Council:

1. Approve the license for the Molong Show Society; and

2. Authorise the Mayor and General Manager to sign and seal the document

Urban Assets Coordinator's REPORT

Council may recall that Crown lands license agreements have previously been approved by Council for the Yeoval Golf Club, the Yeoval Show Society and the Molong Golf Club.

The licences were brought in by NSW Crown lands to replace old lease agreements for reserves shared by multiple users. Lease agreements are now only to be used where an occupant has sole use of the reserve.

The Molong Show Society has reviewed the license and approved it at a show

Society meeting. Duly authorised show society representatives have also signed the lease and affixed the show society seal.

Council is now in a position to approve the license and authorise the Mayor and General Manager to sign the lease and affix council’s seal prior to sending the document to Crown lands for ministerial sign off.

ITEM 19 - MOLONG COMMUNITY HALL

REPORT IN BRIEF

Reason For Report	Council to consider waiving fees for hire of the Molong Community Hall
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\COMMUNITY HALLS - 515467

Recommendation

THAT Council waive the fees for the use of the hall.

Urban Assets Coordinator's REPORT

Council has received a request from the Salvation Army to waive the fees for a church service at the hall on the 29 December 2013 to mark 125 years of the first meeting of the Molong Salvation Army Corps.

As a means of acknowledging the good work of the Salvation Army it is recommended to waive the fees which would be $23 for meetings.

ITEM 20 - CUDAL COMMUNITY HALL

REPORT IN BRIEF

Reason For Report	Seeking Council approval for adoption of Plan of Management
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\USAGE\COMMUNITY HALLS - 514553

Recommendation

THAT Council adopt the Plan of Management for the Cudal Community Hall and advise Council’s solicitor to finalise the transfer of title in compliance with Council’s December 2012 resolution.

Urban Assets Coordinator's REPORT

Around 12 months ago the NSW Department of Primary Industries advised Council that the Cudal Community Hall was still in the name of the now non existent Boree Shire Council. The Cudal Community Hall had previously been the Cudal School of Arts and the title situation was a remnant of the pre amalgamation days of the mid 1970s before the creation of Cabonne Council.

Council had two options. Transfer title to the Crown or transfer title to Cabonne Council. Council resolved in December 2012 to transfer title to Cabonne Council. Accordingly, Council’s solicitor was contacted to commence the transfer of title.

The transfer process was underway when Council’s solicitor contacted Council and advised that the process of transfer could not be completed until a Plan of Management (POM) for the hall had been adopted as required by the Local Government Act.

A POM was prepared and submitted to Council’s September 2013 meeting. Council resolved to place the plan on public exhibition. In compliance with the resolution the plan was advertised and placed on public exhibition at the Cudal office. No submissions were received.

Council is now in a position to adopt the POM and advise the solicitor to finalise the transfer of title.

ITEM 21 - COSTS ASSOCIATED WITH LOSSES DUE TO WATER USERS' FAULTY PLUMBING

REPORT IN BRIEF

Reason For Report	Report requested to provide details of costs for writing off water consumption over the last five years
Policy Implications	Request for Reduction in Water and/or Sewerage Consumption Costs Policy
Budget Implications	Possible write off of income
IPR Linkage	4.5.4a Maintain a High Level of Rate Collection
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RATES AND VALUATIONS\WATER - SEWER ACCOUNTS\REDUCTION REQUESTS - 514484

Recommendation

THAT an information sheet be sent with the next water/sewer accounts advising owners of their water consumption responsibilities.

Senior Rates Officer's REPORT

A request was made at the Council meeting 15 October 2013 for details of costs associated with losses due to ‘Water Users’ faulty plumbing over the last five(5) years and an estimate of projected costs for the next five(5) years.

Year	$	Number of Claims
2008/2009	8755.68	6
2009/2010	2780.11	4
2010/2011	3145.73	2
2011/2012	2050.79	2
2012/2013	20094.87	2
Total	36,827.18	16

The table above shows the amounts written off over the last five years which includes interest charges. It should be noted that 2012/2013 includes an amount of $19186.05 written off for the Molong Hospital.

An amount of $2,151.78 has been written off to date for the 2013/2014 period in four claims, with a possible further amount of $279.05 once the owner pays his share of the charges.

In respect of the projected costs, this is wholly dependent on the claims received and a figure is unable to be estimated.

An information sheet should be sent with the next water/sewer accounts making owners aware of their responsibilities and provide details on how to read their water meter and monitor consumption. Information could also be provided on tips for checking for water leaks.

ITEM 22 - DELIVERY OF BITUMEN EMULSION TO CENTRAL NSW COUNCILS - BORAL ASPHALT

REPORT IN BRIEF

Reason For Report	To extend the existing contract for another 12 months
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.1 - A Safe, efficient and quality urban and rural transport system for vehicles and pedestrians on Council's local, regional and state road network.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC - 516315

Recommendation

THAT Council;

1. Endorse the extension of the current bitumen emulsion contract with Boral Asphalt;

2. Write to Boral Asphalt with intention of extension; and

3. Advise Centroc of its decision.

Director of Engineering and Technical Services' REPORT

This report provides advice on extending the regional contract for the supply and delivery of bitumen emulsion to Council.

The report recommends Council

· Extend the current contract with Boral Asphalt for a further 12 months

· Advise Centroc of its decision

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 bitumen emulsion.

A report was heard at its 20 February 2012 meeting Council resolved to participate in the regional contract process.

The current contract is progressing favourably 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 23 - SEWAGE CONNECTION FOR THE CUDAL SHOWGROUND

REPORT IN BRIEF

Reason For Report	For Council to approve the sewer connection and waiver of development charges.
Policy Implications	The Cabonne Sewer Policy requires a Council resolution for a community use facility outside the designated General Residential area to connect to the sewer scheme.
Budget Implications	Nil direct financial implications in the 2013/2014 operational and capital works budget
IPR Linkage	5.3 Sustainable waste management practices are in place across Cabonne. 3.3 Sporting, recreational, Council and communiy facilities and services are maintained and developed
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PARKS AND RESERVES\REPORTING - 479742

Recommendation

THAT Council:

1. Grant approval for the sewer connection to the Cudal Showground; and

2. Waive the developer charges of $8,753.90 for the sewer connection to the Cudal Showground.

Operations Manager - Urban Services and Utilities' REPORT

The Cudal A&P Society on behalf of Cudal Show Committee, Cudal Pony Club and Cudal Campdraft had made a submission to Council with the following requests:

1. Connection to Cudal Sewage Scheme; and

2. Waiver developer charges for the sewer connection.

Member of Orange Andrew Gee announced on 29^th November 2013 that the Cudal A&P Society was successful in obtaining government funding from Public Reserve Management Fund (PRMF) for sewer connection at the Cudal Showground. The value of the grant funding is $21,000.

Sewer Connection

The Cudal Showground is currently serviced by an onsite waste water treatment system (septic tank) that has failed. Onsite waste water treatment systems are not suitable for the Cudal showground because of the varying waste water loads and intermittent use.

The Cudal Showground is located outside the village zone (general residential) area, but the rising main is located near its boundary. The Cabonne Sewer Policy which is currently up for adoption does not permit commercial or residential properties in Cudal to be connected to sewer if it is located outside the village zone (general residential) area. However, provision for sewer connection is given for community use areas such as the showground provided consent from Engineering Technical Services and Council approval is granted.

Engineering Technical Services have done a preliminary investigation on the site and advised that the sewer connection would not adversely affect the Cudal Sewage Scheme if the following conditions of consent are met:

1. Installation of a pressure sewer unit (PSU) in accordance to Engineering and Technical Services design, specification and Cabonne Pressure Sewer Guidelines;

2. Installation of a flow meter downstream of PSU; and

3. Underboring of Davy Plains Rd to connect to Cudal Sewage Scheme.

Developer Charges

Developer charges are up-front charges that a Local Water Utility can levy under section 64 of the Local Government Act 1993 to recover part of the infrastructure costs incurred in servicing new development or additions and changes to existing development. Developer charges provide a source of funding for infrastructure and provide signals to the community regarding the cost of urban development.

The Cudal Showground is an existing development and is used by the community. As the use of the showground is historically intermittent, it is not likely that the service to the Cudal Showground will exceed the current and expected cost of servicing the existing customers in Cudal. Therefore it could be argued that Council waiving the developer charges for the sewer connection at the Cudal Showground is warranted.

ITEM 24 - MOLONG CREEK DAM: MANAGEMENT OF ENVIRONMENTAL FLOWS INTO MOLONG CREEK

REPORT IN BRIEF

Reason For Report	To inform Council of the findings from the report.
Policy Implications	Cabonne Council Environmental Policy Statement
Budget Implications	Nil
IPR Linkage	5.5 All natural resources are managed sustainably and in a planned way
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\REPORTING - 509410

Recommendation

THAT Council:

1. Adopt the Triggers and Total Environmental Flow Release Volumes for the Molong Creek Dam and Borenore Creek Dam (shown in Table 1);

2. Adopt the statement that environmental flow releases should be contingent on adequate town water supply and the Molong Water Supply Scheme being able to meet its level of service; and

3. Refer the funding of $20,000 to the 2014/15 for consideration of the implementation of the management plan.

Operations Manager - Urban Services and Utilities' REPORT

1 Background

Eco Logical Australia was engaged by Cabonne Council to assist in the development of an Environmental Flow Release Framework. It is a management plan that Council will implement for the Molong Creek Dam and Borenore Creek Dam which will maintain or improve the downstream creek environment. Environmental flows are controlled releases from the Molong Creek Dam and Borenore Creek Dam that will be used to reconnect isolated pools resulting in improved water quality which will stimulate aquatic food webs.

The motivation for this work is as follows:

1. It is consistent with the Cabonne Council Environmental Policy Statement;

2. NSW Department of Industry and Investment had requested Cabonne Council develop a management plan for environmental flows that are consistent with the River Flows Objective; and

3. Required for compliance with legislative requirements

1.1 Surface Water Licenses

The relevant surface water licenses are shown in the following table:

Lic No.	Location
80SL044703	Molong Creek Dam
80SL046895	Borenore Creek Dam

The license stipulates the conditions and allocation of the surface water extraction point. Specific information can be obtained from NSW Office of Water.

1.2 Legislation

The following Acts are the relevant legislation pertaining to the management of water. The Act recognises the need to allocate and provide water for the environment and utilises statutory water sharing plans (WSP) to establish rules for water sharing between different users which includes water for environmental flows.

· Water Management Act 2000 (WMA)

· Water Act 1912

The development of a flow release management plan is required to comply with legislation.

Other relevant guidelines used in the development of the Flow Release Framework are as follows:

· NSW River Flows Objectives

· NSW Water Quality Objectives

· ANZECC Guideline 2000

2 Environmental Flow Releases

The capacity of Molong Creek Dam and Borenore Creek Dam is 1,000ML and 230ML respectively. Molong Creek Dam is the only reliable raw water source for the Molong Water Supply Scheme. Raw water from the Borenore Creek Dam is unsuitable as a town water supply due to hard to treat contaminants (such as soluble manganese and algae toxins). It is for this reason that environmental flow releases will be primarily from the Borenore Creek Dam instead of the Molong Creek Dam. It is proposed that 80% of all environmental releases will be taken from the Borenore Creek Dam and the balance from the Molong Creek Dam.

The Molong Creek Dam was commissioned to provide greater water security for the residents in the Molong. Therefore, the Dam should be managed in a manner that provides maximum possible water security at all times to the residents of Molong. Environmental flow releases should be contingent on adequate town water supply and the Molong Water Supply Scheme being able to meet its level of service.

The following table shows the recommended Total Environmental Flow Releases from Molong Creek Dam and Borenore Creek Dam. The Total Environmental Flows take into account the following

· Fisheries Approval (PWD 1984)

· NSW RFO

· Surface water license requirements

· Pre-regulation flow and pre-regulation fresh (pre-regulation flow refers to the condition of the Molong Creek and Borenore Creek before the dams were built)

Table 1 Triggers and Total Environmental Flow Release Volumes for the Molong Creek Dam and Borenore Creek Dam

Season	Month	Trigger	Volume of Environmental Release (ML)	Duration of Release	Estimated No. of Releases/ Month
Summer	Dec	< 3 ML/d for 2 weeks	1-3ML/d	2-4 days	1-2
	Jan	< 2 ML/d for 2 weeks	0.5-2.5ML/d	2-4 days	1-2
	Feb	< 2 ML/d for 2 weeks	0.5-2.5ML/d	2-4 days	1-2
Autumn	Mar	< 2 ML/d for 2 weeks	0.5-2 ML/d	3 days	1-2
	Apr	< 2 ML/d for 2 weeks	0.5-2 ML/d		1
	May	< 1 ML/d for 2 weeks	1-1.5 ML/d		1
Winter	Jun	< 1 ML/d for 2 weeks	1-1.5 ML/d	3 days	Nil-1
	Jul				Nil-1
	Aug				Nil-1
Spring	Sep	< 3 ML/d for 2 weeks	1-3ML/d	2-4 days	1-2
	Oct				1-2
	Nov				1-2

This management plan should be reviewed annually taking into account changes in climate and data obtained through monitoring activities.

3 Monitoring in Molong Creek

3.1 Water Quality

The NSW Water Quality Objectives are the agreed environmental values and long term goals for surface water that are consistent with the national framework ANZECC 2000 guidelines.

It is recommended that Council monitor the water chemistry in five different locations which are:

1. Molong Creek Dam

2. Borenore Creek Dam

3. Molong Creek at the confluence of Molong Creek and Borenore Creek

4. Molong Creek at Molong

5. Molong Creek at Copper Hill

The objective of the water quality monitoring is to validate improved in-stream conditions resulting from environmental flow releases. Water quality test will be conducted two days after environmental flow releases and routinely every 4 weeks through summer and every 6 weeks through autumn.

3.2 Monitoring Flows

Council will commence monitoring flows and environmental releases from the Molong Creek Dam and Borenore Creek Dam to investigate impact of flow volumes on riparian condition and health of the creek. This is essential for the adaptive management of future environmental flow releases.

3.3 Engaging Other Stakeholders

Council staff a program of engaging with stakeholders along the Molong Creek to ensure that there are nil water extractions during environmental flow releases.

3.4 Cost

The additional water quality testing and monitoring are essential components of the environmental management of the Molong and Borenore Creek. It is anticipated that there will be an ongoing annual operating expenditure of approximately $20,000. This only includes the time it takes for an Environmental Officer to collect water quality samples, package and send samples for water quality analysis.

ITEM 25 - MOLONG WATER TREATMENT PLANT UPGRADE: ADDITIONAL WORKS REQUIRED BY MULTITRODE PTY LTD

REPORT IN BRIEF

Reason For Report	For Council to consider the proposal from the contractor.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.1 All villages have a secure and quality water supply
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\REPORTING - 517062

Recommendation

THAT Council approve the proposal by Multitrode Pty Ltd for the amount of $510,000 (Inc GST) for the upgrade works at the Molong WTP and not call for tenders as Multitrode’s knowledge of the particular equipment it is unlikely that satisfactory result would be achieved by calling tenders.

Operations Manager - Urban Services and Utilities' REPORT

Background

Council is required to implement a risk based drinking water management system by September 2014. The Drinking Water Management Plan (DWMP) is the framework for the drinking water management system which must be implemented by Council.

The related legislation to this requirement is as follows:-

1. NSW Public Health Act 2010;

2. Public Health Regulation 2011; and

3. The Australian Drinking Water Guidelines 2011.

The Act sets out the need for a quality assurance program (QAP), which would be consistent with the framework as a model for best practice. Council needs to be compliant with the Act by September 2014.

Risk assessment of the Molong Water Supply scheme in Molong indicated that there were a number of process elements within the Molong Water Treatment Plant that needed to be addressed in order to mitigate risk to acceptable levels. A gap analysis was conducted based on the findings of the risk assessment. The gap analysis showed that an upgrade of the treatment process at the Molong Water Treatment Plant was required to satisfactorily mitigate risk. The upgrades include the following

· Update power board and electrical/lighting protection

· Chemical dosing systems

· Offsite monitoring system and control

· Automation of process

The budget for the upgrade is $803,400.

Multitrode Pty Ltd was the preferred contractor to perform the works at the Molong WTP (Refer to Item 11 of 3^rd Sep 2013 Works Committee meeting).

In the Item 11, it states that the first stage of works is part of the Molong WTP upgrade and the cost of the implementation is $317,900 (Inc GST).

On 1^st November 2013, a Hazard identification and Operability Analysis was conducted at Molong Chambers to finalise the design and process and Instrumentation Diagrams. The final design, schedule of works, specification, final parts and component list is now completed. The cost of works has increased to $510,000 (Inc GST), which is an additional $192,100 over the original budget for this component of works. The budget for this augmentation of the Molong WTP is $803,400, which includes the D&C of the chemical dosing systems. The contract for the D&C of the chemical dosing systems was awarded to Ted Wilson and Sons Pty Ltd for $307,672 (Inc GST).

The additional cost of works was due to the following items (Multitrode Pty Ltd revised proposal dated 18^th Nov 2013, Doc ID 517014).

· New fabrication of pipe work;

· New power board; and

· Monitoring and control Instruments

Multitrode is on the vendor panel of the Local Government Procurement Panel (LGP) under Contract 9.08-2 supply of pipes, associated fixtures, pumps and concrete products. This means that for the proposed works at the Molong Water Treatment Plant, there is no need to tender if the category purchase exceeds $150k and Council will still meet the tendering obligations.

Council has received written confirmation from the LGP that the proposal from Multitrode Pty Ltd is compliant with LGP Panel arrangements and that Cabonne Council is compliant with tendering requirements/ use of prescribed bodies under the Local Government Act 1993. The advice is however fairly qualified and for this reason council is requested to ratify the proposal from Multitrode.

Should the tender not be exempt under Section 55(3)(g), Council can consider the provisions of Section 55(3)(i) which states:-

“a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders”.

Multitrode have been selected due to being the manufacturer of the main component of the upgrade and it is considered that due to their knowledge of the particular equipment it is unlikely that satisfactory result would be achieved by calling tenders.

ITEM 26 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	1. December 3 2013 Environmental Services and Sustainability Committee report
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2013 - 511543

Recommendation

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

ITEM 27 - MODIFICATION APPLICATION 2011/103/2 FOR 3 DETACHED VILLAS ON LOT 5 SECTION 16 DP 758221 LAND KNOWN AS 11 PRESTON ST, CANOWINDRA.

REPORT IN BRIEF

Reason For Report	Modification of consent for DA 2011/103
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3a Provide efficient and effective development assessment
Annexures	1. Conditions
File Number	\Development Applications\DEVELOPMENT APPLICATION\2011\03-2011-0103 - 517315

Recommendation

THAT Modification Application 2011/103/2 for 3 detached villas on Lot 5 Section 16 DP 758221, be granted consent subject to the conditions attached.

Senior Town Planner's REPORT

ADVISORY NOTES

Record of voting

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

Political Disclosures

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

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

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

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

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

Nil planning application disclosures have been received.

Nil public submission disclosures have been received.

SUMMARY

The following report provides an assessment of the modification application submitted for three detached villas on lot 5 section 16 DP 758221 land known as 11 Preston Street, Canowindra.

The application has been referred to the Council for determination as the application was determined at a Council meeting, held 18 April 2011 and a modification on 15 August 2011.

It is recommended that the application be approved subject to conditions of consent.

Applicant: Habitat for Humanity

Owner: Habitat for Humanity

Proposal: 3 Detached Villas

Location: Lot 5 Section 16 DP 758221 11 Preston Street, Canowindra

Zone: R1 General Residential

BACKGROUND

The development application for three detached villas was approved at a Council meeting held 18 April 2011. The proposal is for construction of three detached dwellings comprising 3 bedrooms, a combined living/dining area, kitchen, laundry and bathroom. The proposal also includes a courtyard, landscaping and off-street parking. Separate application for subdivision is required to strata the proposed dwellings.

Modification application 2011/103/1 was considered at a Council meeting held 15 August 2011. It was resolved to uphold condition 19 (traffic and pedestrian management plan) and amend condition 20 to delete the requirement for a sealed access.

A request was also sought for Council to consider the release of the $5000 landscape bond. This request was refused at Environmental Services and Sustainability Committee meeting in December as the bond was required to ensure that the landscaping work would be completed to a satisfactory level. The condition requiring the bond was due to concerns about impact to visual amenity from the development.

THE PROPOSAL

Council approval is sought to amend the approved plans in the following manner:-

· Increase the courtyard area of house 2 by moving the fence line 2100mm east (towards Milton Street).

· Add a set of sliding doors to bedroom 3 of house 2.

· Omit one of the rainwater tanks (2000L) from each of the proposed dwellings.

Site Map

MATTERS FOR CONSIDERATION

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

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

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 2(v) Village or Urban by the Cabonne Local Environmental Plan 1991. The construction of three detached villas on land zoned 2(v) is permissible within this zone, subject to Council’s development consent.

Objectives of the 2(v) zone

The proposed modification is not contrary to the aims of the LEP or the objectives of the 2(v) zone. The development relates to and is consistent with the zone objective which seeks to “promote development in existing towns and villages in a manner which is compatible with their urban function".

Clause 26 Residential development in 2(v) zone

Under the provisions of clause 26 construction of three (3) detached villas is permissible within the zone and where sewer is available.

REGIONAL ENVIRONMENTAL PLANS

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

STATE ENVIRONMENTAL PLANNING POLICIES

There are no State Environmental Planning Policies that relate to the subject land or the proposed development.

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

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

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

There are no development control plans that relates to the subject site or the proposed development.

Council’s Medium Density Housing – Development Standards Policy applies to the proposed development. The proposed modification is consistent with the previous site assessment.

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

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

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

Context and Setting

The site is within an established residential area and the proposal is considered to be compatible with surrounding land use. The proposed modification will have no adverse impact on the surrounding area and its character. Modification does not impact previous assessment of context and setting.

Access & Traffic

No change from previous assessment.

Visual amenity

No change from previous assessment.

Flora & Fauna

No change from previous assessment.

Water

The site is connected to reticulated water and each dwelling must be connected prior to occupation. The original plans include provision of two water tanks per dwelling. The subject modification proposes to omit one of the rain water tanks from the proposal. The amended plans indicate one 5000L water tank per dwelling. These tanks will be utilised for WC, laundry and watering the garden. There will be no adverse impacts to water as a result of the proposed modification.

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

Physical Attributes and Hazards

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

DEVELOPMENT CONTRIBUTIONS

No contributions apply to the development.

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

The proposed modification is not advertised development.

PUBLIC INTEREST s79C(1)(e)

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

CONCLUSION

The proposed modification under section 96(1A) seeks to vary the courtyard area of Villa No.2 , add a set of sliding doors to bedroom 3 of Villa No. 2 , and delete a 2000L rainwater tank from each of the dwellings. The modification is permissible with the consent of Council and is consistent with the LEP provisions and zone objectives. The modification is of minimal environmental impact and is substantially the same development for which consent was granted.

ITEM 28 - RESIDENT CONCERNS FOR THE UNDERTAKING OF SPRAY PAINTING ACTIVITIES ON LOT 10 SECTION 60 DP 758693, 16 MOLONG STREET, MOLONG

REPORT IN BRIEF

Reason For Report	Local resident has requested that this matter be tabled to Council for consideration.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a Provide efficent and effective development assessment
Annexures	1. Letter from resident re Car Repair Station
File Number	\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0019 - 517599

Recommendation

THAT Council receive a further report on the day of the meeting.

Senior Town Planner's REPORT

A request has been received from a local resident to table their concerns regarding ongoing spray painting activities and associated health issues on Lot 10 Section 60 DP 758693, 16 Molong Street, Molong.

Development consent was granted for the operation of a Car Repair Station vide DA 2013/0019 on the subject site by Council’s Environmental Services and Sustainability Committee held on 5 November 2012. To date the consent has not been enacted for the use of the site as a car repair station.

The concerns raised by the local resident appear to not be related to the approved DA and instead by other activities taking place on the site.

It is requested that the tabled information provided to Council be noted and that Environmental Services staff further investigate the on-going spray painting activities and associated health issues on the subject site. Upon completion of investigation a further report will be presented to Council.

ITEM 29 - NETWASTE REGIONAL TENDER FOR WASTE SERVICES

REPORT IN BRIEF

Reason For Report	Council is requested to seek an extension of time for the current contract.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.3.1 - Provide a solid waste management and recycling service to the communities.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\CAMPAIGNS\NETWASTE - 513536

Recommendation

THAT Council inform JR Richards and Sons of 92 Manning St, Tuncurry in writing, as soon as possible, that Council wishes the current Waste Services Contract to be extended until midnight 3 April 2016.

Senior Environmental Services Officer's REPORT

An updated Project Plan has been provided to Council outlining the progress of the procurement of Waste Services.

For Council’s information the updated Plan includes the following notes:

1.1 Project Scope

The participating NetWaste Councils shall invite tenders for the provision of Regional Waste Services including domestic waste, recycling and possibly organics collections.

The following Councils have now been included in the joint Regional Tender:

Bathurst Regional Council

Blayney Shire Council

Blue Mountains City Council

Cabonne Council

Forbes Shire Council

Orange City Council

Parkes Shire Council

Wellington Council

The Councils all entered into a Memorandum of Understanding pledging to commit to the Tender process and to co-operation in the interests of their communities.

The scope of the Tender has been expanded to include the processing of Recyclables and the possible processing of Organic Waste.

1.2 ACCC Application

An application was lodged on behalf of the participating Councils to the Australian Competition and Consumer Commission for authorisation to allow for the joint tendering of the services offered by the participating Councils.

An interim authorisation was issued by the ACCC on 2 October 2013. Interim authorisation is granted to enable work to continue on the Tender, and on the basis that no Contracts will be entered into until the ACCC’s final determination is made.

The ACCC called for submissions from interested parties and three interested parties lodged submissions. NetWaste will respond to any issues raised and a draft determination is expected to be issued. The ACCC shall allow for further submissions on the draft determination, prior to issuing a final determination.

Although the procurement process can continue while the ACCC’s process is progressing, the ACCC does not provide a date for the final determination.

1.3 Draft Tender

A first draft of the collections Tender has been issued to the Councils. A meeting was held in Orange on 3 September to review the first draft, and additional information is being provided by individual Councils. A second draft is being developed which will include the specifications for Recycling and optional Organics Processing.

Of particular interest is the targeted Commencement Date of the Waste Services offered in the Tender which, at this stage, is Monday 4 April 2016.

Council’s current Contract with JR Richards expires on 11 December 2015. However, introducing new Waste Services two weeks prior to Christmas or during January when many people are away from home is not considered best practice.

Clause 3.1 of the current Contract states that:

“The term of this Contract commences on 12 December 2005 and concludes on 11 December 2015. Council shall have the option to offer to the Contractor an extension of the Contract Term for a period of 6 months (“Extension Period”). Council must inform the Contractor in writing (“Option Notice”) by 11 June 2015 as to whether Council wishes this Contract to be extended for the Extension Period. The Contractor shall within one month of receipt of the Option Notice from Council advise Council in writing if it elects to carry out the provisions of this Contract for the Extension Period. Should the Contractor accept the Council’s offer of the Extension Period, the terms and conditions of this Contract shall apply with the relevant rates tendered being applicable subject to adjustments in accordance with the Rise and Fall provisions of this Contract. Should the Contractor decline the offer of the Extension Period, this Contract will expire on 11 December 2015”.

Council should now seek an extension in accordance with Clause 3.1for that Contract to be extended until midnight 3 April 2016.

ITEM 30 - COLLECTION AND RECYCLING OF E WASTE FOR COUNCILS IN THE NETWASTE REGION

REPORT IN BRIEF

Reason For Report	Council to sign an agreement for e waste collection and recycling.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.3.1e - Participate in NetWaste programs.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\CAMPAIGNS\E-WASTE - 511620

Recommendation

That Council:

1. Sign the Agreement, once circulated, appoint Reverse E-Waste as the exclusive service provider for E Waste collection and recycling.

2. Ensures the requirements of the arrangement are met.

Senior Environmental Services Officer's REPORT

BACKGROUND

Of the 28 NetWaste Councils, 20, including Cabonne, have expressed an interest in having a single contractor collect and recycle E Waste from their respective Waste Facilities on a regular basis.

NetWaste, on behalf of the interested Councils liaised with the following companies regarding an E Waste service : Sims E Recycling, Matthews Metal Management, DHL, MRI and Reverse E Waste.

Following extensive negotiations with the respective companies, and an evaluation involving Bathurst Regional, Dubbo City, Orange City and Parkes Shire Councils, Reverse E-Waste was selected as the exclusive contractor, for removing and recycling E Waste from within the local government areas of the NetWaste Councils.

Reverse E Waste is an approved co-regulatory Arranger for the Product Stewardship (Televisions and Computers) Scheme. The Scheme recycles televisions, computers, printers and computer products (such as keyboards and hard drives), regardless of their brand or age and is funded by the Television and Computer Industry. The Scheme aims to significantly increase the recycling and resource recovery rate of these materials.

Reverse E Waste have a 95 – 98% resource recovery rate. In time, they will consult with participating Councils to establish a centrally located Cathode Ray Tube (CRT) pre-processing plant where leaded and non-leaded glass would be separated and crushed before transportation to an EPA approved leaded glass sanitising facility.

COMMENTARY

Reverse E Waste have offered and agreed to the following conditions:

a) Collecting both in scope and out of scope E Waste free of charge, including household electricals (such as hair dryers), power tools, audio equipment, adaptors, printers and medical supplies.

b) Supply of collection cages to each Council site.

c) Monthly collections of E Waste from nominated Council sites.

d) Advising individual Councils of collection dates at least three days in advance to allow time to organise forklifts etc.

e) Phoning individual Councils prior to collection date to check quantities and whether a service is required.

f) Providing Council collection site staff with a step by step operational procedures guide for handling of E waste.

g) Staff or Sub Contractors will carry NetWaste ID card when accessing landfills.

h) Provide the driver’s phone number on the day of collection for Councils to contact them if necessary.

i) Sub Contractors and or logistics drivers will call Councils when they are on their way so that forklifts can be driven out to collection points.

j) Carrying out the works safely, efficiently and effectively in full compliance with the legal, regulatory requirements enforced by the NSW EPA, Workcover and any other body that is required to enforce the abovementioned requirements and objectives.

k) Inspect each site upon arrival on site to identify any foreseeable problems and notify Council of the same.

l) Obey the direction of the participating member Council whilst on site.

m) Provide competent and efficient personnel to carry out the service and adequate supervision to ensure efficient collection.

n) Comply with the participating member Council’s procedures manuals and Management Plans.

o) Use only efficient and safe equipment that complies with all required WorkCover standards.

p) Follow procedures that are safe and comply with standards required by appropriate authorities including the Workcover Authority, Roads and Traffic Authority, and the NSW EPA.

q) Provide a suitable safety zone between the worksite and general public areas at the Depots.

r) Provide quarterly reports or as requested to NetWaste on material collected from the participating Councils.

Participating NetWaste Councils will be responsible for arranging a forklift or handling equipment to assist with loading of E Waste onto collection vehicles once prior notice is provided, displaying clear signage to communicate relevant information and accepting E Waste from the public free of charge.

It will be each Council’s responsibility to provide a suitable work site that will facilitate a high recovery rate for collected material.

(a) Policy Implications

Councils who currently charge to accept E Waste from the public, will be required to comply with the Product Stewardship Regulations, and accept E Waste free of charge in order to participate in the Scheme.

(b) Financial Implications

No payment is required for the services provided by either Reverse E Waste or participating Councils.

NetWaste will fund the production of standard signage for E Waste drop off points and the majority of the production and campaign costs for regional media coverage, however Councils may be required to contribute minimal funds to assist with this.

The Agreement term between participating Councils and Reverse E Waste is for an initial 24 month period with an option of two 12 month extensions.

ITEM 31 - 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.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 511540

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 32 - 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 - 511541

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 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 30 November 2013
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 516675

Finance Manager's REPORT

Council’s Investments as at 30 November 2013 stand at a total of $37,396,303. This is down by $152,043 from the previous month due to an outflow of funds for the month of November.

Council’s average interest rate for the month was 3.67%, 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 bank’s official cash rate remained steady at 2.5% for the month of November. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 2.56%.

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 30 November 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 30 November 2013
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 516760

Finance Manager's REPORT

Rate Collection Summary to 30 November 2013 is attached for Council’s information. The percentage collected is 54.39%, which is on average when compared to previous years. The second instalment has now passed the due date of 30 November 2013. 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 OCTOBER 2013

REPORT IN BRIEF

Reason For Report	To advise of Council's obligations with regard to GST reporting for the month ended 31 October 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 - 513970

Finance Manager's REPORT

Council’s Business Activity Statement for the month of October 2013 was completed and submitted to the Australian Taxation Office on 20 November, 2013. This was prior to the statutory deadline of 21 November.

The September Business Activity Statement resulted in a refund to Council of $20,300.

A comparison between October 2013 and September 2013 shows the major differences as follows:

· Total Income Received decreased by $25,598 compared to September 2013.

· GST Free Income decreased by $592,000. The major variance in this category relates to a difference in the amount of money transferred out of Council’s at call investments to cover payments to creditors. In October this amounted to $1,445,000, compared to $2,000,000 in September.

· Capital Purchases decreased by $856,000. Totals for the month of October included $60,000 for work on the Canowindra Fitness Walk. Other variances included a total of $95,000 spent on the Cumnock Small Town Sewer compared to $393,000 in September, and a total of $94,000 on Yeoval Small Town Sewer compared to $136,000 in September. Expenditure on the Canowindra Swimming Pool upgrade was $225,000 in October compared to $310,000 in September.

· GST Free Purchases decreased by $152,651. Totals included in the Business Activity Statement for September included the payment of Council Rates, Water and Sewer Accounts on Cabonne Council properties.

There is no Fringe Benefits Tax Payable for the month of October

No Diesel Fuel Rebate was claimed in the October Business Activity Statement.

ITEM 4 - 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. Economic Development and Tourism 4. Environmental Services 5. Rates Review 6. Works
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 514209

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.

The “traffic light” indicator system which has been implemented to enable Council to identify potential areas of concern at a glance is not included this month due to a technical issue which could not be corrected in time. If possible it will be emailed or tabled at the meeting.

Councillors should raise any issues directly with Directors as per the Mayor’s request.

ITEM 5 - BUSINESS DEVELOPMENT ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	To inform Council of the background, operation and status of Council's Business Development Assistance Program
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	2.1 A strong and vibrant local business sector. 2.3 Increased viable, sustainable and value adding businesses in Cabonne. 2.4 Jobs for Cabonne people in Cabonne.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT - 517093

ACTING ECONOMIC DEVELOPMENT MANAGER's REPORT

At its November Ordinary meeting, Council resolved to defer further assistance under the Business Development Assistance Program until the guidelines are reviewed and that a further report be submitted on the operation of the program.

BACKGROUND

The Business Development Assistance Program was established in 2010 to assist and encourage the attraction, establishment, relocation, expansion and continuation of viable businesses in Cabonne Shire.

A budget of $142,000 was allocated to the program.

The program aims to provide appropriate incentives to:

· Existing businesses, located within the Shire, to expand their operations or relocate to a more appropriate area;

· Existing businesses, located outside the Shire, to relocate or establish within the Shire; and

· New businesses to establish within the Shire.

The incentives offered are in the expectation that the business will directly or indirectly provide increased employment opportunities or services for Cabonne residents .

A range of incentives are available on application.

1. ASSISTANCE CRITERIA

Applicants are assessed on the following merit based criteria:

· The viability of the business, as presented in a business plan

· Type of development and potential for the development to encourage expansion of existing businesses and infrastructure or in-migration of other businesses.

· Demonstrated need for the business to be accommodated in the Shire.

If business type already exists in the Shire, this will be factored in when considering level of assistance.

· The costs incurred by the business in undertaking the relocation or expansion.

· Benefit to other businesses from the business assistance, such as the upgrade of infrastructure.

· Number of employees, direct and flow-on, which the business will develop/provide.

· Benefit to the community including an identified need for the businesses or services.

2. TYPES OF ASSISTANCE

Council may on application consider the following measures as potential incentives for business development by negotiation:

· Facilitate the release of Council land for development.

· An amount to meet the cost of relocation expenses.

· Provide direct financial incentives and or facilitate government partnerships, linked to the cost of business establishment, relocation and expansion.

· Donate, reduce or delay payment of Council’s component of Development Application fees to a set limit.

· Donate, reduce or defer Council rates to a set limit.

· Provide land or buildings owned by Council at either a reduced rental, at cost, under a lease/purchase arrangement, delayed settlement and or terms purchase arrangement.

· Provide infrastructure (that would otherwise be met by the business).

· Provide council plant for in-kind works at cost value.

· Provide identified training and education.

· Promote and advertise business services in appropriate media.

· Facilitate and identify the types of assistance available from government and non government agencies.

· Assist in preparing applications for government and non government support.

· Host visits by key personnel.

These measures can be considered by Council singularly or in combination on a case by case basis dependent on the merits of each case.

3. LEVEL OF ASSISTANCE

The level of funding available per application is based on the size of the potential business development, level of employment and the type of business services to be provided to the residents of Cabonne Shire.

4. CONDITIONS OF ASSISTANCE

If successful the applicant is to adhere to the following conditions:

1. Provision of tax invoice for any cash component of any assistance;

2. Provision of receipts and or bank statements for any reimbursement of expenses;

3. If unable to provide documentation, Council will notify applicant of other information to be provided to Council for assessment;

4. Report on outcomes 12 months after the receipt of the assistance; and

5. Participation in appropriate publicity associated with the assistance.

5. APPLICATION PROCESS

Applicants are encouraged to apply for assistance following the receipt of development consent for the related application.

Where this is not practical, in principle assistance can be granted by Council, with formal approval to be granted following development approval of the related application.

The application process is as follows:

1. Applicants to meet with Council’s Economic Development staff to discuss business development and types of assistance available. Councillors are also available to meet with the applicant.

2. If they have not already done so potential applicants for business assistance are to contact Council’s Environmental Services Department to discuss the proposal and identify all applicable consents and approvals at the earliest instance.

Such a meeting will discuss the merits of the proposal and identify specific application requirements.

3. Economic Development staff to assist with application if necessary and identify any assistance available from other agencies.

4. Economic Development staff to prepare a report and forward with the application for assistance to Council for discussion at the next available meeting.

5. Council approves or declines the recommendation, subject to appropriate approvals.

6. Economic Development staff to contact the applicant indicating the decision made by Council.

7. Following receipt of the acceptance, Economic Development staff to consult with Environmental Services to confirm all relevant approvals have been received, the works are completed and no matters are outstanding.

8. Payment is to be organised together with appropriate publicity in consultation with the applicant.

9. Successful applicants are to report to Council on the achievements of the business and use of the assistance 12 months after the assistance is received.

PRESENT SITUATION

Since December 2011, the following assistance totalling $13,849.70 has been provided:

1 01/12/2011 Peter Browne Gallery, Molong. $3884.00

Establishment of art gallery and

studio in Molong.

2 10/07/2012 Manildra Pharmacy, Manildra. $4416.95

Establishment of pharmacy

business in Manildra. This included

DA fees, set up costs and the cost

of promotion and advertising.

3 16/04/2013 Craft on the Creek Inc, Eugowra. $1470.00

Establishment of community

business, selling home-made

craft plants and baked goods.

This included DA fees, set up

costs, insurance costs, and the

costs of promotion and advertising.

4 24/07/2013 Eugowra Promotion & Progress

Association. $4078.75

Relocation of postal services to

Rural Transaction Centre. This

included DA fees, set up costs

and the cost of Australia Post

training.

Two applications have been deferred pending a review of the program’s guidelines:

1 Brent Twaddle International Promotions Pty Ltd for the relocation of a rally car construction business to Cargo.

2 St Mary’s Pharmacy for the establishment of a pharmacy in Eugowra.

Council at its November 2013 Ordinary meeting resolved to refund Development Application fees (totalling $185.00) associated with the relocation and establishment of Brent Twaddle International Promotions Pty Ltd to Cargo.

ITEM 6 - FUNDING FOR THE CONSTRUCTION OF PUZZLE FLAT LEVEE, EUGOWRA

REPORT IN BRIEF

Reason For Report	To inform Council of reserve list allocation
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.2 Flood mitigation processes are in place.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\PUZZLE FLAT CREEK AND LEVEE - 515129

Design Manager's REPORT

Council may remember at its meeting 21 May 2013 resolving to, "Accept the tendered price of $72,063 from ARUP Pty Ltd” for the investigation and design of Puzzle Flat Levee as per Contract 451164. Council should note this contract is proceeding and is anticipated to be finalised by February 2014 subject to a favourable evaluation of the previous geotechnical investigation.

Council may remember having lodged an application for construction funding of the levee last year.

The Minister for the Environment and Heritage has announced that Councils application for construction funding has been placed on a reserve list pending the completion of the investigation and design contract and funding availability.

Council has also been advised that the Ministry of Police and Emergency Services in conjunction with the Australian Government are likely to make funds available under the Natural Disaster Resilience Program later this financial year and this program may be able to fund this project as well.

Council will be advised of the completion of the investigation and design of Puzzle Flat Creek Levee contract as soon as it is completed and verified by the Office of Environment and Heritage.

ITEM 7 - TRAFFIC COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	To inform Council of the minutes and recommendations of the Cabonne Local Traffic Committee held in November 2013
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.1 A safe efficient and quality urban and rural transport system for vehicles and pedestrians on Council's local, regional and state road network
Annexures	1. Traffic Committee Meeting - Minutes 21-11-2013
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\TRAFFIC COMMITTEES - 516310

Design Manager's REPORT

The minutes from the Local Traffic Committee meeting held in Cudal Office on Thursday 21 November 2013 are attached for the Councillors’ information.

Items requiring determination by Council are reported separately.

ITEM 8 - HEAVY VEHICLE NATIONAL LAW DELEGATIONS

REPORT IN BRIEF

Reason For Report	To inform Council of new responsibilities and obligations under the new Heavy Vehicle National Law
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	1.4 Transport infrastructure meets agricultural needs to get goods to and from market
Annexures	1. NHVR Local Government Information Pack
File Number	\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\PERMITS\OVERSIZED - HEAVY LOADS ON LOCAL ROADS - 516599

Design Manager's REPORT

BACKGROUND

The NSW Parliament has passed enabling legislation to facilitate the Heavy Vehicle National Law (HVNL) operation in NSW, as in Queensland, Victoria, Tasmania, South Australia and the ACT, to commence on 10 February 2014. Northern Territory and Western Australia are not commencing the HVNL at this time.

Once the HVNL takes effect, Australia will have its first one-stop shop for heavy vehicle road transport business with government through the National Heavy Vehicle Regulator (NHVR) for services previously provided through the Roads and Maritime Services (RMS).

The NHVR will have the authority to issue permits and gazette notices for all restricted access vehicles, including:

- Special Purpose Vehicles (e.g. cranes)

- Agricultural Vehicles

- Oversize/overmass loads

- B-Doubles

This legislation supersedes previous legislation and delegations to Council regarding the approvals for Heavy Vehicles. Under the new HVNL, Council, as a Roads Authority under the Roads Act 1993, is a Road Manager under the new Heavy Vehicle National Law.

LOCAL GOVERNMENT RESPONSIBILITIES

Under the new HVNL the road manager is legally accountable for its decision and must give reasons for it, internally review a decision on the application of a person adversely affected, and comply with restrictions about when it can deny access.

The road manager decides which vehicles access the road network and the conditions under which they will operate, but cannot issue a permit or make a notice. The NHVR is responsible for ensuring safety of heavy vehicles and is the only authority that can issue a permit or make a notice. It must obtain consent of the road manager before doing this.

Road managers must decide on access applications with a statutory timeframe (28 days). If there is no response, the road manger is deemed to have refused consent. This may be extended with agreement from the NHVR if the road manager considers that a route assessment is necessary to decide whether to grant consent.

If a road manager decides to refuse access or to impose travel conditions, the road manager is required by the NHVL to provide a written statement of reasons to explain its decision to the applicant. This written statement will need to show that the road manager has, as required by the HVNL, taken into account the matters required by the ministerial guidelines.

The road manager may require travel and road conditions and the NHVR must impose these conditions (e.g. travel outside of school bus times, speed limited, escort required). The road manager may request that the NHVR impose vehicle conditions, but cannot demand that these conditions be imposed (e.g. road friendly suspension).

Decisions by a road manager not to grant consent or to impose travel conditions can only be overridden by a road authority (as defined in HVNL) (in NSW it is the RMS), and not by the NHVR. The road authority may only decide whether to override such decisions at the request of the NHVR, using the process in the HVNL.

DELEGATION OF FUNCTIONS

Due to Council’s increased responsibility and accountability under the new HVNL as a road manager, delegation is required for Council to meet its obligations under the HVNL. The powers Council has as a road manager under the HVNL are outlined below. The General Manager has delegated authority to perform these functions and may sub-delegate..

Section 156 Deciding request for consent generally

(1) If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager must decide to give or not to give the consent—

(a) within—

(i) 28 days after the request is made, unless subparagraph (ii) applies; or

(ii) if this section applies because the road manager gave the Regulator a notice of objection to the grant under section 167—14 days after giving the notice of objection; or

(b) within a longer period, of not more than 6 months after the request is made, agreed to by the Regulator.

Note—

See, however, sections 159, 167 and 168.

(2) The road manager may ask for, and the Regulator may agree

to, a longer period under subsection (1)(b) only if—

(a) consultation is required under a law with another entity (including, for example, for the purpose of obtaining that entity’s approval to give the consent); or

(b) the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent; or

(c) the road manager is the road authority for the participating jurisdiction and considers that a local government authority that is not required under a law to be consulted should nevertheless be consulted before deciding whether to give or not to give the consent.

(3) The road manager may decide not to give the consent only if

the road manager is satisfied—

(a) the mass or dimension authority will, or is likely to—

(i) cause damage to road infrastructure; or

(ii) impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(iii) pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and

(b) it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—

(i) the damage or likely damage; or

(ii) the adverse effects or likely adverse effects; or

(iii) the significant risks or likely significant risks.

(4) Also, in deciding whether or not to give the consent, the road manager must have regard to—

(a) for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or

(b) for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.

(5) If the Regulator agrees to a longer period under subsection (1)(b), the Regulator must give the applicant for the mass or dimension authority concerned a written statement of the decision—

(a) identifying the road manager concerned; and

(b) indicating the ground on which the road manager asked for a longer period.

(6) If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager’s decision and complies with section 172.

Section 159 Deciding request for consent if route assessment required

(1) This section applies if—

(a) a person (the applicant) applies for a mass or dimension exemption (permit) or class 2 heavy vehicle authorisation (permit); and

(b) the Regulator asks a road manager for a road for the road manager’s consent to the grant of the exemption or authorisation; and

(c) the road manager considers a route assessment is necessary for deciding whether to give or not to give the consent.

(2) The road manager may notify the Regulator of the following—

(a) that a route assessment is required for the road manager deciding whether to give or not to give the consent;

(b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated.

(3) The Regulator must notify the applicant of the following—

(a) that a route assessment is required for the road manager deciding whether to give or not to give the consent;

(b) the fee payable (if any) for the route assessment under a law of the jurisdiction in which the road is situated;

(c) if a fee is payable for the route assessment under a law of the jurisdiction in which the road is situated, that the road manager may stop considering whether to give or not to give the consent until the fee is paid;

(d) if, under section 156(1)(b), the Regulator agrees to a longer period for the road manager deciding whether to give or not to give the consent, the longer period agreed by the Regulator.

(4) If a fee is payable for the route assessment under a law of the

jurisdiction in which the road is situated—

(a) the road manager may stop considering whether to give or not to give the consent until the fee is paid; and

(b) the period between the day the applicant is given the notification under subsection (3) and the day the fee is paid must not be counted in working out the period taken by the road manager to decide whether to give or not to give the consent.

(5) If the applicant does not pay the fee for the route assessment within 28 days after the notification is given to the applicant under subsection (3), or a longer period agreed to by the Regulator, the application lapses.

Section 160 Imposition of road conditions

(1) A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to—

(a) except in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition is imposed on the authority; or

(b) in the case of a class 2 heavy vehicle authorisation (notice)—the condition that a stated road condition of a type prescribed by the national regulations is imposed on the authority.

(2) If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(a)—

(a) the relevant road manager must give the Regulator a written statement that explains the road manager’s decision to give consent to the grant of the authority subject to the condition and complies with section 172; and

(b) the Regulator must impose the stated road condition on the authority.

(3) If a relevant road manager for a mass or dimension authority consents to the grant of the authority subject to a condition as mentioned in subsection (1)(b), the Regulator must impose the stated road condition on the authority.

(4) The national regulations may prescribe road conditions, or kinds of road conditions, for the purposes of subsection (1)(b) and must prescribe the circumstances in which it is appropriate to impose such a condition.

Section 161 Imposition of travel conditions

(1) A relevant road manager for a mass or dimension authority may consent to the grant of the authority subject to the condition that a stated travel condition is imposed on the authority.

(2) If a relevant road manager for a mass or dimension authority consents to the grant of the authority as mentioned in subsection (1)—

(b) the Regulator must impose the stated travel condition on the authority.

Section 162 Imposition of vehicle conditions

(1) A relevant road manager for a mass or dimension authority

who gives consent to the grant of the authority may ask the Regulator to impose a stated vehicle condition on the authority.

(2) If a relevant road manager for a mass or dimension authority

makes a request as mentioned in subsection (1), the Regulator

must—

(a) consider the request and decide—

(i) to impose the stated vehicle condition on the authority (with or without modification); or

(ii) not to impose the stated vehicle condition on the authority; and

(b) notify the relevant road manager of the decision under paragraph (a).

Section 169 Granting limited consent for trial purposes

(1) A relevant road manager may give consent to the grant of a mass or dimension authority for a trial period of no more than 3 months specified by the road manager.

(2) The trial period determines the maximum period for which the mass or dimension authority applies.

(3) If there is more than one relevant road manager in relation to a proposed mass or dimension authority, the consent of one or more of the road managers is ineffective unless all the road managers give their consent to the same effect.

Section 174 Amendment or cancellation on request by relevant road manager

(1) This section applies if a relevant road manager for a mass or dimension authority granted by Commonwealth Gazette notice is satisfied the use of heavy vehicles on a road under the authority—

(a) has caused, or is likely to cause, damage to road infrastructure; or

(b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2) The road manager may ask the Regulator to—

(a) amend the mass or dimension authority by—

(i) amending the areas or routes to which the authority applies; or

(ii) amending the days or hours to which the authority applies; or

(iii) imposing or amending road conditions or travel conditions; or

(b) cancel the authority.

(3) The Regulator must comply with the request.

(4) However, if consent to the grant of the mass or dimension

authority was given by a road authority under section 163—

(a) the Regulator may refer the request to the road authority; and

(b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

(c) if the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator—

(i) must not comply with the request; and

(ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

(5) Notice of the amendment or cancellation must be published—

(a) in—

(i) the Commonwealth Gazette; and

(ii) a newspaper circulating generally throughout each relevant participating jurisdiction; and

(b) on the Regulator’s website; and

(c) in any other newspaper the Regulator considers appropriate.

Example for the purposes of paragraph (c)—

If the mass or dimension authority relates to a particular part of a participating jurisdiction, the Regulator may consider it appropriate to publish the notice in a newspaper circulating generally in the part.

(6) The amendment or cancellation takes effect—

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.

(7) In this section—

relevant participating jurisdiction, for a mass or dimension authority, means a participating jurisdiction in which the whole or part of an area or route to which the authority applies is situated.

Section 178 Amendment or cancellation on request by relevant road manager

(1) This section applies if a relevant road manager for a mass or dimension authority granted by giving a person a permit is satisfied the use of heavy vehicles on a road under the authority—

(a) has caused, or is likely to cause, damage to road infrastructure; or

(b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2) The road manager may ask the Regulator to—

(a) amend the mass or dimension authority, including, for example, by—

(i) amending the areas or routes to which the authority applies; or

(ii) amending the days or hours to which the authority applies; or

(iii) imposing or amending road conditions or travel conditions on the authority; or

(b) cancel the authority.

(3) The Regulator must comply with the request.

(4) However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163—

(a) the Regulator may refer the request to the road authority; and

(b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

(c) if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—

(i) must not comply with the request; and

(ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

(5) If the mass or dimension authority is amended or cancelled under this section, the Regulator must give the holder of the permit for the authority notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.

(6) The notice given to the holder must state—

(a) the day the amendment or cancellation is to take effect; and

(b) the reasons given by the road manager for the amendment or cancellation; and

(c) the review and appeal information for the road manager’s decision.

ITEM 9 - DEVELOPMENT APPLICATIONS RECEIVED DURING NOVEMBER 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 - 517201

Director of Environmental Services' REPORT

The following Development Applications have been received during the period 1/11/2013 to 30/11/2013 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

TYPE	ESTIMATED VALUE
S68 x 9	$-----
Modification to Subdivision & Dwelling	$-----
Temporary Primitive Camping Ground	$-----
Modification to Cargo Mens Shed	$-----
Modification to Dwelling	$-----
Modification to Dwelling	$-----
Dual Occupation	$100,000
Dual Occupation	$295,000
Demolition of Existing Shed & Erection of New Shed	$85,000
Two Storey Garage	$30,000
Dwelling	$305,000
Storage Shed	$35,900
Shed with Toilet	$38,000
Shed & Light Industry	$80,000
Change of Use – Retail Shop	$5,000
Dwelling	$250,000
Shed with Toilet & Shower	$13,000
Storage Shed	$25,000
Solid Fuel Boiler	$500,000
TOTAL: 27	$1,761,900

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

TYPE	ESTIMATED VALUE
Swimming Pool	$38,550
Swimming Pool	$10,150
Swimming Pool	$19,000
Carport	$2,200
TOTAL: 4	$69,900
*GRAND TOTAL: 31*	*$1,831,800*

ITEM 10 - DEVELOPMENT APPLICATIONS APPROVED DURING NOVEMBER 2013

REPORT IN BRIEF

Reason For Report	Details of Development Applications approved 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 - 517203

Director of Environmental Services' REPORT

The following Development Applications have been approved during the period 1/11/2013 to 30/11/2013 as detailed below.

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

TYPE	ESTIMATED VALUE
S68 Only x 4	$ -----
Four Lot Subdivision	$ -----
Modification to Subdivision	$ -----
Fire Shed & Water Tank	$ 215,000
Dwelling & Separate Rural Shed	$ 380,000
Mountain Bike Trail Centre	$ 10,000
Dwelling & Pool	$ 550,000
Dwelling	$ 120,000
Dual Occupancy	$ 295,000
Change of use – Retail Shop	$ 5,000
Dual Occupancy	$ 100,000
TOTAL: 14	$1,675,000

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

TYPE	ESTIMATED VALUE
Swimming Pool	$ 38,550
Swimming Pool	$ 10,150
TOTAL: 2	$ 48, 700

GRAND TOTAL: 16

$ 1,723,700

Previous Month: 24

$ 1,956,128

ITEM 11 - BURIAL STATISTICS

REPORT IN BRIEF

Reason For Report	To provide information on burial statistics.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.1.c - Maintain records of burials, reservations and placement of memorials.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING - BURIAL STATISTICS - 517206

Director of Environmental Services' REPORT

YEAR	NO OF BURIALS
2006/07	59
2007/08	62
2008/09	57
2009/10	65
2010/11	40
2011/12	54
2012/13	54
2013/14
July	6
August	7
September	8
October	4
November	10
December
January
February
March
April
May
June
Total	35

2.00pm	Andrew Gee – Update to Council (will also be joining Councillors for lunch)
	Alf Cantrell – Presentation of upcoming events in Yeoval (10 minutes)
	Donna Galvin – Presentation Shared Services (30 minutes at conclusion of meeting)