cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 14 May 2014

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Tuesday 20 May, 2014 commencing at 2.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

Please note there will be a Daroo Awards Launch at 12pm and also a Local Government Week Workshop held immediately after the Council meeting.

 

The Directors will be available for consultation on matters contained in the business paper prior to lunch which will be provided from 1.00pm.

 

 

Yours faithfully,

GM - A Hopkins Signature

Andrew L Hopkins

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Matters of Urgency

5)       Resolve into Committee of the Whole

a)    Consideration of Closed Items

6)      Adoption of Closed Committee of the Whole Report

 

 

 

 


 

ATTENDEES – MAY 2014 COUNCIL MEETING

 

 

2.00pm

Darby Tremain – Youth of the Month Award

2.00pm

Representatives from Molong, Canowindra and Yeoval Schools to address Council

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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

 

 

 

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

 

 


         

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 20 May, 2014

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      DECLARATIONS FOR POLITICAL DONATIONS.......................... 5

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 5

ITEM 5      GROUPING OF REPORT ADOPTION.............................................. 6

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

ITEM 7      COMMUNITY SERVICES COMMITTEE MEETING........................ 7

ITEM 8      ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 8

ITEM 9      WORKS COMMITTEE MEETING....................................................... 8

ITEM 10    QUARRY REVIEW COMMITTEE MEETING.................................... 9

ITEM 11    EUGOWRA MUSEUM LAND ACQUISITION................................... 9

ITEM 12    DELEGATION OF FUNCTION - NATIONAL HEAVY VEHICLE LAW 10

ITEM 13    WBC ALLIANCE SHARED SERVICES PROJECT...................... 17

ITEM 14    CONDUCT OF COUNCIL ELECTIONS........................................... 20

ITEM 15    BUSINESS ENTERPRISE CENTRE FUNDING............................. 21

ITEM 16    CENTRAL WEST LIBRARIES.......................................................... 23

ITEM 17    MARCH 2014 QUARTERLY BUDGET REVIEW........................... 27

ITEM 18    CONTRACT 451164 - INVESTIGATIONS AND DESIGN FOR PUZZLE FLAT CREEK LEVEE UPGRADE IN EUGOWRA VARIATION............. 31

ITEM 19    APPLICATION TO REVOKE DANGEROUS DOG DECLARATION - JEREMY MARTIN................................................................................................. 33

ITEM 20    DEVELOPMENT APPLICATION 2014/135 CUDAL MEN'S SHED - LOT 2 SECTION 9 DP 758311...................................................................... 35

ITEM 21    ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE MEETING  45

ITEM 22    QUESTIONS FOR NEXT MEETING................................................ 45

ITEM 23    BUSINESS PAPER ITEMS FOR NOTING...................................... 46

Confidential Items

 

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

 

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

Procedural

ITEM 2      MAYORAL MINUTE - LAKE CANOBOLAS & MT CANOBOLAS - CABONNE/ORANGE STRATEGY

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

ITEM 3      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 4      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

(e) information that would, if disclosed, prejudice the maintenance of law

ITEM 5      REQUEST FOR CONSIDERATON OF INTEREST ON RATES A12889 AND WATER 1063000002

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

ITEM 6      MOLONG DOCTORS SURGERY

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

ITEM 7      OFFER TO PURCHASE LOT 10 BLUEBELL STREET, LONGS CORNER ESTATE, CANOWINDRA

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

ITEM 8      OFFER TO PURCHASE LOTS 21 & 23 NORTH STREET, CANOWINDRA

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

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    April 15 Ordinary Council minutes.................... 47

ANNEXURE 6.2    May 6 2014 Extraordinary Council minutes.. 60

ANNEXURE 7.1    May 6 2014 Community Services Committee Meeting Report of............................................................................................. 63

ANNEXURE 8.1    May 6 2014 Economic Development and Tourism Committee Report of........................................................................... 67

ANNEXURE 9.1    May 6 2014 Works Committee Meeting Report of 70

ANNEXURE 10.1  May 6 2014 Quarry Review Committee Meeting Report of 75

ANNEXURE 17.1  Quarterly Budget Review....................................... 78

ANNEXURE 17.2  Summary of Reserves................................................ 90

ANNEXURE 19.1  Temperament Assessment Jeremy Martin..... 94

ANNEXURE 20.1  Draft Conditions........................................................... 98

ANNEXURE 21.1  May 6 2014 Environmental Services and Sustainability Committee Meeting Report of............................ 104 

 


 

 

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 - 549911

 

 

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 AND STAFF DECLARATION OF INTEREST - 2014 - 549912

 

 

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 - 549913

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for Declarations of any Political Donations.

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports.

Policy Implications

Nil

Budget Implications

Nil

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 - 549914

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

General Manager's REPORT

 

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

 

 

ITEM 5 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

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 - 2014 - 549915

 

 

Recommendation

 

THAT:

 

1.          Councillors call any items they wish to further consider

2.          Items 6 to 13 be moved and seconded.

 

 

Director of Finance and Corporate Services' REPORT

 

Item 6 to 13 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

ITEM 6 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Minutes

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  April 15 Ordinary Council minutes

2.  May 6 2014 Extraordinary Council minutes    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2014 - 549916

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held 15 April 2014 and Extraordinary Meeting held 6 May 2014 be adopted.

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

 

1.   Minutes of the Ordinary Council meeting held on 15 April, 2014.

 

2.   Minutes of the Extraordinary Council meeting held on 6 May 2014.

 

 

 

ITEM 7 - 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.  May 6 2014 Community Services Committee Meeting Report of    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2014 - 549917

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6 May 2014 be adopted.

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 6 May 2014 for Council’s adoption.

 

 

ITEM 8 - 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.  May 6 2014 Economic Development and Tourism Committee Report of    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2014 - 549918

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 May 2014 be adopted.

 

ACTING ECONOMIC DEVELOPMENT MANAGER's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 May 2014 for Council’s adoption.

 

 

ITEM 9 - 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.  May 6 2014 Works Committee Meeting Report of    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2014 - 549919

 

 

Recommendation

 

THAT the report and recommendations of the Works Committee Meeting of Cabonne Council held 6 May 2014 be adopted.

 

Director of Engineering and Technical Services' REPORT

 

Attached is the report and recommendations of the Works Committee Meeting of Cabonne Council held on 6 May 2014 for Council’s adoption.

 

 

ITEM 10 - QUARRY REVIEW COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of the Quarry Review Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  May 6 2014 Quarry Review Committee Meeting Report of    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COMMITTEES - REPORTS OF 2014 - 552673

 

 

Recommendation

 

THAT the report and recommendations of the Quarry Review Committee Meeting of Cabonne Council held 6 May 2014 be adopted.

 

Director of Engineering and Technical Services' REPORT

 

Attached is the report and recommendations of the Quarry Review Committee Meeting of Cabonne Council held on 6 May 2014 for Council’s adoption.

 

 

ITEM 11 - EUGOWRA MUSEUM LAND ACQUISITION

REPORT IN BRIEF

 

Reason For Report

Seeking authorisation for contract of sale to be signed and Council seal affixed.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.2.1.b - Review current arrangements and level of support to Museums in Cabonne

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\MUSEUM AND GALLERIES MANAGEMENT\EUGOWRA MUSEUM - 551358

 

 

Recommendation

 

THAT Council authorise Council’s seal to be affixed to the contract of sale and for the Mayor and General Manager to sign the contract.

 

Urban Assets Coordinator's REPORT

 

The Eugowra Museum S355 committee have for a number of years been seeking to enlarge the Museum land for the exhibition of more displays. Due to unforeseen circumstances for the committee, this process has taken a number of years.

 

A parcel of land at the rear of the museum building was gifted to the museum and a small parcel of land beside the museum was purchased by the museum committee to gain access to the rear area.

 

The project was to be at no expense to Council with costs to be borne by the museum. Council, however, did support the project with a grant of $9,000 to assist with surveying and legal costs. Approximately $6,000 has been expended to date. The museum has now paid the $1,500 purchase price for the side area of land.

 

When the transactions are complete the additional land will be owned by Council but the museum will be operated by the S355 museum committee.

 

Council authorisation is now sought for the Mayor and General Manager to sign the contract of sale for the side area of land and for Council’s seal to be affixed. 

 

 

ITEM 12 - DELEGATION OF FUNCTION - NATIONAL HEAVY VEHICLE LAW

REPORT IN BRIEF

 

Reason For Report

To delegate function to the General Manager

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5 A Council that is effective and efficient

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\TRAFFIC AND TRANSPORT\PERMITS\WEIGHT LOAD LIMITS - INCLUDING B DOUBLES - 550137

 

 

Recommendation

 

THAT Subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself, and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the General Manager, Andrew Lee Hopkins, be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

 

·    The powers, functions and duties of Council as a Road Manager under the Heavy Vehicle National Law (NSW) in addition to his other delegations previously resolved.

 

 

Design Manager's REPORT

 

BACKGROUND

Council at its December 2013 meeting noted a report providing background to the new Heavy Vehicle National Law stating the General Manager had delegated authority as a road manager under Heavy Vehicle National Law (NSW) (HVNL) legislation.  The report noted that Council was a Road Manager under the HVNL.  The report did not, however, provide delegated authority to the General Manager to act as the Road Manager under this legislation.

 

Due to Council’s increased responsibility and accountability under the new HVNL as a Road Manager, delegation is required for Council to meet its legislated obligations in a timely manner. The powers Council has as a Road Manager under the HVNL are outlined below. It is proposed to delegate these functions to the General Manager.

 

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)—

(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 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 170 Renewal of limited consent for trial purposes

(1) The Regulator must notify each relevant road manager that gave consent under section 169 that the mass or dimension authority concerned will be renewed with effect from the end of the current period of its duration unless action is taken under this section.

(2) The notification must be given at least one month before the end of the current trial period.

(3) The Regulator must renew the mass or dimension authority for a further trial period of no more than 3 months, unless the Regulator receives a written objection to its renewal from a relevant road manager within the current trial period.

(4) The mass or dimension authority is renewable for one or more further trial periods

 

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 13 - WBC ALLIANCE SHARED SERVICES PROJECT

REPORT IN BRIEF

 

Reason For Report

To provide an update of the progress of the Shared Services project.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.c - Ensure long term viability of Wellington/Blayney/Cabonne (WBC) Strategic Alliance

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\WBC SHARED SERVICES - 551424

 

 

Recommendation

 

THAT Councillors attend the Shared Services Project workshop in Blayney on 4 June 2014.

 

General Manager's REPORT

 

Councillors will be aware the WBC Alliance contracted KPMG Consulting to undertake an analysis of Shared Service Delivery and to review such an approach against the recommendations of the Review into Local Government, to identify if Blayney, Cabonne and Central Tablelands Water could improve their efficiencies and help identify a direction and operating model to achieve this.  This report will provide a brief background of the project to date.  All staff have received the same information.

 

History

 

The WBC Councils have been working in the area of Shared Services for over ten years and prior to the review into local government, member Councils had already decided to review services currently being providing and identify opportunities to reduce the cost of service delivery to provide improved community benefit.

 

Positive discussions have been held with the Office of Local Government and the WBC was encouraged to undertake this work.

 

In late 2013 the Councils considered the next step forward and called for expressions of interest to undertake the review.

 

The Brief

 

There are three steps to this project:

 

Step 1. Agree on the vision, mission and purpose of the proposed new entity and agree on services to be analysed.

 

Step 2. Complete high level analysis to identify a range of services to determine if savings could be achieved through delivery in a shared arrangement.

 

These two steps have now been completed.

 

Step 3. Business case development, establishment of the legal entity and implementation

 

Stage 3 has not yet commenced.

 

Data Collection

 

As part of this process, the General Managers identified a group of service functions (20), across all sections of councils, including water and sewer, civil construction, planning, building and environmental health, procurement, tender and contract management, IT, human resources and the finance area.  This required the provision of data on staff numbers, salaries and time spent by staff on their identified duties.  A review was also made of council assets, their utilisation and budgets, to see if asset use was optimal.  Staff providing this information had a very short time frame to return this information and did exceptionally well to coordinate this information across the three councils.

 

The information was then analysed by KPMG to identify if and where shared service delivery or varied asset utilisation could be implemented to achieve savings and efficiencies.

 

The Findings

 

Within Step 1, the General Managers identified a group of service functions (20) for analysis by KPMG. These included water and sewer, civil construction and maintenance, design, planning, building and environmental health, procurement, fleet management, tender and contract management, IT, human resources and the finance area.

 

Data on these services was provided to KPMG, relating to staff numbers, salaries and time spent by staff on their various duties. A review was also undertaken of council assets, their utilisation and budgets, to determine if asset use was optimal. A number of staff were required to provide this information in a relatively short time frame and did exceptionally well, to coordinate this information across the three councils.

 

In their analysis KPMG grouped services into three key areas (Service Groups):

 

1.   Strategic and support service activities

 

Corporate and back office activities (not direct service delivery). Typically repetitive and generic activities that support the functions of direct service delivery and hence do not have an underlying revenue base.

 

2.   Specialist services

 

Activities that require a high-degree of subject matter expertise and/or professional judgement. Specialist service provision to rate payers and the broader community, and have an underlying revenue base (rates, fees and charges).

 

3.   Direct field services

 

Provide infrastructure services to rate payers and the broader community, services that have an underlying revenue base.

 

The Results so far

 

KPMG presented the results of their review to the General Managers, Mayors and Chairman at a meeting last week, where it was recommended that the WBC move ahead with a number of focus areas identified within service groups 1 and 2.

 

It was also recommend by KPMG, that there is enough evidence of potential savings to move to Step 3, together with further analysis of the service functions contained within group 3.

 

Step 3 would involve:

 

·    Developing the business case and operating model. This will include more detail on how the model would work, the workforce profile (eg. do we have skills or capacity gaps?) and how much the future operating model would cost to develop, implement and maintain.

·    An implementation plan and timetable; and

·    Identification of areas where, whilst savings could be achieved, but implementation is not possible due to geography, strategic capacity, cost to implement or other factors.

 

To allow the delivery of shared services to be functional, the member councils will need to enter into contracts with each other to provide agreed services – by way of a joint-venture agreement(s).  This will ensure commitment to projects, the provision of physical resources and funding for their delivery.  Councils currently have agreements or contracts with our suppliers and a similar arrangement would exist where the shared service organisation hires staff or enters into contracts for the supply of products or services.

 

Conclusion

 

The KPMG Review is a starting point for the WBC Councils to consider and discuss our direction with shared services. Shared Services was highlighted in the Review into Local Government documents and the WBC Councils are a pioneer in NSW in this area.

 

Councillors are encouraged to attend a workshop on the Shared Service Project scheduled for Wednesday 4 June at the Blayney Community Centre from 10.30am until 1.00pm where they will be provided with further information and given the opportunity to provide feedback.

 

The WBC Alliance Board meeting will follow this workshop from 1.30pm until 3.00pm.

 

 

 

ITEM 14 - CONDUCT OF COUNCIL ELECTIONS

REPORT IN BRIEF

 

Reason For Report

For Council to resolve to withdraw from election arrangement with NSW Electoral Commission (NSWEC)

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\ELECTIONS\ELECTORAL BODIES - NSW ELECTORAL COMMISSION - 552745

 

 

Recommendation

 

THAT Council advise the NSW Electoral Commissioner that at this stage it will be seeking tenders in conjunction with CENTROC for the conduct of the 2016 Local Government elections.

 

Director of Finance and Corporate Services' REPORT

 

At its October meeting Council resolved to enter into a contract with the Electroral Commission of NSW to administer all elections of the Council. The Electoral Commission was advised of the resolution and has advised Council that they have not as yet completed the contract arrangements and will forward a contract when arrangements are in place.

 

Subsequent to the Council decision, CENTROC have determined to enter into a joint tendering arrangement with a view to seeking more competitive pricing for the conduct of the 2016 Local Government elections. To enable Council to participate in the CENTROC initiative it will be necessary for Council to advise the NSW Electoral Commission accordingly and to refrain from entering into contract arrangements at this stage.

 

 

ITEM 15 - BUSINESS ENTERPRISE CENTRE FUNDING

REPORT IN BRIEF

 

Reason For Report

For Council to determine continuing support of the Business Enterprise Centre.

Policy Implications

Nil

Budget Implications

Funded from Plant Reserve

IPR Linkage

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

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\BUSINESS ENTERPRISE CENTRE - BEC ORANGE - 552747

 

 

Recommendation

 

THAT Council continue to support the Central West BEC with Council’s contribution being in kind assistance through the provision of a motor vehicle of which Council retains ownership.

 

Director of Finance and Corporate Services' REPORT

 

Cabonne Council was a founding member of the Central West BEC and at its meeting on 4 December 1989 Council resolved that:

 

1)   Council participate in the Orange, Cabonne, Blayney Enterprise Centre, on the basis that continued participation is subject to annual review;

 

2)   Council’s contribution to the Centre be in-kind assistance through the provision of a motor vehicle, which Council retains ownership of; and

 

3)   Council’s delegates to the Enterprise Centre be Councillors JR Swift and LM Stapleton.

 

The motor vehicle was purchased and has been provided to the Centre on a continuous basis ever since, although it appears that at some stage the annual review of Council’s continued participation appears to have lapsed other than the annual appointment of delegates at Council’s September Ordinary meeting.

 

The Central West BEC is a one-stop-shop for anyone looking to start a business and existing businesses looking for business advice, support and assistance.

 

The Central West BEC provides information and advice on a range of business subjects, including:

 

·    Starting a business

·    Growing an Existing Business

·    E-Commerce

·    Business Plans

·    Marketing

·    Taxation

·    Business Structures

·    Financial Management

·    Employing staff

·    Importing and Exporting

·    Government Regulations

The Central West Business Enterprise Centre is a Registered Training Organisation, accredited through Australian Skills Quality Authority. The BEC offers a range of accredited and non-accredited business related training courses to assist the Enterprise Manager develop skills to grow their business.

 

The Central West BEC works closely with Council’s Economic Development Unit to facilitate the Cabonne Daroo Business Awards. The CEO of the BEC acts as Chairman of the Daroo Awards Committee and the BEC sponsor the awards each year.

 

The Central West Business Enterprise Centre, through the NSW Governments Small Biz Connect program, has facilitated the Small Biz Bus visits in the Cabonne Shire. The bus has now visited Molong twice and Canowindra once and has been very well received by the community each time.

 

The Central West BEC acts as an agent for Cabonne Council; providing a point in Orange where Cabonne ratepayers can make payments. The Central West BEC office also provides a location in Orange for Cabonne Council’s annual draft IP&R reports to be displayed.

 

In view of the above valuable services provided by the BEC it is considered that Council should continue its support for the Centre in the form of the ongoing provision of the motor vehicle.

 

 

ITEM 16 - CENTRAL WEST LIBRARIES

REPORT IN BRIEF

 

Reason For Report

Requested by Council

Policy Implications

Nil

Budget Implications

If additional contribution is resolved, total contribution would still be within overall libraries budget

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 - 552552

 

 

Recommendation

 

THAT Council:

1.   Notify Central West Libraries that the balance of the requested contribution which is in excess of the Rate Pegging Rate is to be achieved by reducing Council’s contribution from the book vote.

2.   Contribute an amount of $5,415, being rent now not due or paid for Molong Railway Station, to Central West Libraries.

3.   Invite the Manager Central West Libraries to address Council and then hold a workshop to consider the future provision of library services to the community within Cabonne Shire.

 

Administration Manager's REPORT

 

Council received a report to the April Council meeting at which it resolved:

 

MOTION (MacSmith/Hayes)

THAT Council:

1.   Keep Member Council contributions limited to the Rate Pegging Rate of 2.3%.

2.   Work with Central West Libraries to identify areas of savings.

3.   Receive a report outlining library services provided within the Shire including usage statistics.

 

This report is to satisfy points 2. and 3. above.

 

2. Areas of savings

 

Following discussion with the Manager CWL it is considered the only available options for achieving budget savings (within the CWL expenditure) and meet the Council resolution to limit its contribution to the rate pegging limit will be to:

 

Strategy

Impact

Considerations

Reduce Council’s contribution to the “book vote” by the necessary amount.

As the target to reduce by was reported as $39,398 (being the amount the requested contribution is above the rate peg limit) and the book vote is only $34,137, additional savings are required.

If all/most CWL member councils take this option there may a negative public reaction as no/few new collection items will be purchased. 

 

It should also be noted the Manager CWL has stated that members of the public requesting a new item at a branch library from any Council which did not contribute to the book vote would not be given access to said item.

 

Reduce the staff hours at the libraries. 

As detailed below Cabonne libraries  already open below the NSW standard.

Minimal savings without substantial cuts and highly probable negative public reaction.

 

 

 

 

An additional contribution has been identified, available once only, which will allow the budget shortfall to be met without reducing library hours. 

 

That is, to use the budget allocation set aside for payment of rent at the Molong Railway Station which was waived by the previous Head-lease holder.  This provides an amount of $5,415 to be used to make up the shortfall and stay within the overall Cabonne budget for libraries.  This would cover the shortfall and provide $154 towards the book vote.

 

3. Library Services

 

Central West Libraries consistent with the Joint Agreement provides library services within Cabonne at:

 

Location

Days

Hours

Canowindra

(16 hours)

Tuesday

Thursday

Friday

Saturday

2pm to 5pm

11am to 1pm then 2pm to 5pm

10am to 1pm then 2pm to 5pm

10am to 2pm

Manildra

(12 hours)

Monday

Wednesday

Friday

10am to 2pm

10am to 2pm

10am to 2pm

Molong

(15 hours)

Monday

Wednesday

Friday

11am to 1pm then 2pm to 5pm

11am to 1pm then 2pm to 5pm

11am to 1pm then 2pm to 5pm

Note: the NSW Standard by population for these libraries is 17 hours per week.

 

It should be noted that the results of a recent libraries satisfaction survey were provided at the most recent CWL Committee meeting and indicated:

 

Location

Satisfaction Rating %

Comments

Canowindra

 

10

Inconsistent hours and days make it difficult to plan

Greater focus on morning opening

Manildra

100

Also visit Orange and Molong

Molong

77

Greater focus on earlier opening

 

Simply, the services provided by CWL include providing a collection of library materials: books, DVDs, etc.; staff; and library management technology to administer the collection (borrowings, etc.) within the hours specified by each Council.

 

Cabonne Council has a responsibility to provide a suitable building as well as internet, telephone and office equipment.

 

The loans and membership from the three Cabonne Libraries from 1 July 2013 – 31 March 2014 are as follows:

 

 

Circulation (Loans)

Membership

Canowindra

                5,966

                  937

Manildra

                1,581

                  203

Molong

              13,924

                  962

Total

              21,471

              2,102

 

Future direction

 

The Cabonne Strategic Plan 2015 includes a Delivery Program Action to “Facilitate the provision of library services to Cabonne residents through participation in Central West Libraries” as a reflection of community opinion.

 

Council has received several reports at which it endorsed making representations to local members regarding the uncertainty relating to State Government funding towards libraries

 

The current NSW Public Library Funding Strategy includes 3 components:

 

1.   Per Capita subsidy (legislated at $1.85 per NSW resident) – not indexed.  ($24,884 - 13/14)

 

2.   Disability & Geographic Adjustment (DGA) – at least 30% of the DGA must be used for Local Priority Projects. ($23,189 – 13/14)

 

3.   Library Development Grants.  This pool has been funding the above 2 components over several years and if the practice continues will cease to exist.

 

Council should consider that the current State Government has failed to confirm the ongoing provision of the non legislated grants beyond the coming year.  If this were to occur an increased budget allocation would be required to continue to operate the libraries at the current service levels. 

 

Options

Without making any such recommendations, but to inform Council and allow consideration of the full scope of options (beyond reducing the hours), the CWL Joint Agreement provides for withdrawal and termination as follows.

 

“12 Withdrawal

 

12.1  A participating Council may withdraw from the Agreement at any time but not sooner than 12 months following receipt of written notice by the Executive member of advice from that participating Council that it intends to withdraw from this agreement with the period of twelve (12) months being calculated from the first day of July the following year.

12.2  Any costs incurred as a result of the withdrawal are borne by the withdrawing Council.”

 

“13 Termination

 

13.1       This Agreement may be terminated by agreement of at least three Participating Councils…” [emphasis added]

 

Council may wish to consider options for the ongoing libraries operation soon and certainly before the next budget cycle.  Reasons for a prompt consideration include the uncertainty of the NSW Government providing the Disability & Geographic Adjustment grant and that the above options, (i.e. withdrawing from or terminating the CWL Joint agreement) require some lead time.

 

 

ITEM 17 - MARCH 2014 QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

 

Reason For Report

To advise Council of the present financial position with regard to original and amended budgets to 31 March 2014.

Policy Implications

Yes

Budget Implications

Yes

IPR Linkage

4.5.5.g - Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements

Annexures

1.  Quarterly Budget Review

2.  Summary of Reserves    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\QUARTERLY FINANCIAL STATEMENTS - QBR - 551977

 

 

Recommendation

 

THAT Council review the variances listed in this review and that the current budget be amended to reflect those variances

 

Senior Accounting Officer's REPORT

 

The Quarterly Budget Review has been prepared, after discussion with Department officers and the list of variances resulting from those discussions and by perusal of the ledger is contained within this report.

 

The initial sort of the original 13/14 Budget into the variance income   and expenditure types, that is user charges and fees, employees costs, materials and others, has been changed slightly. The overall budget has not changed and the changes have occurred due to further refining of the income and expenditure types. Please see page 2 of the March Quarterly Budget review for the amended changes.

 

Governance

 

No major change in this section is noted.

 

WBC Alliance

 

This area has been overspent by $5,440. The expense has occurred in the Shared Service project. The funding source for this overspend will be covered by budget savings in other areas.

 

Administration

 

Upgrade to the security of Molong’s Council chambers and administration office have been noted in this review. The cost, $25,040 has been funded from Council’s Provision account for Administration and Maintenance.

 

The engineering section of this program also includes the purchase of new furniture for the Cudal office and the cost, $11,642,   has been covered by the Office Equipment Reserve.

 

Employee costs have again risen in this quarter, with a substantial increase in the cost of Workers Compensation.  The increase of $152,804 brings the total cost for the current year to $792,348.  The final cost will not be known until the 30 June of shortly thereafter. This most recent increase has been covered by the provision account for Workers Compensation, where savings in costs over previous years have been placed. 

 

Part of the budget set aside for the Canowindra Depot rehab, $20,000, has been redirected to the cost of the improvement of the Molong Depot security and fencing costs. The cost of the Canowindra Depot rehabilitation will be recovered from the subsequent sale of the land.

 

Public Order and Safety

 

No major changes in this section have been noted in this review.

 

Health

 

No changes have been noted in this area of the budget.

 

Environment

 

The cost for the Eugowra Tip security fence has been increased by $13,590. As well, the cost for the Manildra Tip access road has increased to $24,500, an increase of $6,500. These additional costs have been covered by corresponding entries to the Garbage Reserve and a reduction of the initial cost of the Manildra tip pumps by $6,500.

 

Grant funds of $2000 have been received to investigate the effects of Wood Smoke in our area.

 

Community Services

 

Family Day care is to purchase a new printer and the cost, $6635, is covered by their reserve account.  An increase in funds for the HACC service is also noted in this review and, as well, the expenses have been increased to match the additional funding.

 

Housing and Community Amenities

 

Whilst some of the individual cemeteries are exceeding their budgets, the overall cost of the whole of the cemetery maintenance area is not thought to be of concern and will not go over budget.

 

Cabonne Water

 

Emergency expenditure has been requested in the area of  Delgany Water supply  to purchase a new pump and other costs involved in installing the pump. The total cost reported in the review is $20,000.

 

Small Town Sewer

 

There are additional outstanding claims for this fund awaiting lodgment and receipt, while the current deficit is being covered by General Fund.  This is a temporary situation and will be reviewed again at the end of the current financial year. The balance owing to General Fund as at the 31 March 2014 was $20,214.

 

Cabonne Sewerage

 

No major changes have been advised in this area.

 

Recreation and Culture

 

Some savings on purchases in the pools area have been redirected to another purchase that is an auto cleaner for the Manildra Pool.

 

The Manildra Playground has been allocated $4,000 from the Community Assistance Program reserve to replace the soft fall.

 

The Caravan improvement reserve has funded a Dump site at the Manildra showground for caravans and motor homes to use and the cost is expected to be $6,122.

 

Mining Manufacturing and Construction

 

No major changes have been notified in this area.

 

Transport and Communication

 

The current actual figures as at the end of March 2014 show that approximately $800,000 is to be spent in the local roads maintenance area. This will be spent within the current time frame, the Managers have confirmed.

 

Other works, however, offered to Council by the RMS are to be considered. These funds are a continuation of the MR 310 project and will be a considerable amount, approximately $950,000 and may impact on the final budget result.

 

Some of the projects in the Bridge construction area will be revoted as progress has been stalled in survey and land acquisition activities. St Germains has been deferred to 2014/2015 budget as is the Marylebone project.

 

The footpath construction project, as at the end of the reporting period has $86000 to spend, this will be exhausted by the 30 June, 2014.

 

However, in the kerb & gutter area an amount of $48,771 will be held over until the 2014/2015 budget, as the funding necessary to complete the Betts Street project is insufficient.

 

Storm water has available funding of $24,492 and this will also be spent by the end of the  current budget period.

 

The budget for Pathways contains $120,000 for the South Canowindra to Canowindra Pathway over the bridge. This pathway has been deferred to 2014/2015, however the Manildra Huxley Oval Pathway is expected to be completed in the current year.

 

Economic Development

 

No changes in this area.

 

General Purpose Revenues

 

It is noted that an increase in investment revenue is expected. The budget revenue has been adjusted by $187,369 and this amount has been placed temporarily into the reserve account. The average interest rate gained to this date has been 3.74% against a budgeted estimate of 3.5%. This is a pleasing result.

 

An increase in the rate levy of $30,548 is noted and this is due to late supplementary valuations not levied previously.

 

 

ITEM 18 - CONTRACT 451164 - INVESTIGATIONS AND DESIGN FOR PUZZLE FLAT CREEK LEVEE UPGRADE IN EUGOWRA VARIATION

REPORT IN BRIEF

 

Reason For Report

To seek variation in contract

Policy Implications

Nil

Budget Implications

$40,400.50 from Puzzle Flat Levee budget

IPR Linkage

5.2.2.a - Implement Eugowra Floodplain Management Plan

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\EUGOWRA PUZZLE FLAT CREEK AND LEVEE - 551581

 

 

Recommendation

 

THAT Council approve the variation of $62,700 (excl. GST) to ARUP for further Geotechnical Investigations with funding of the variation to be as detailed in the report.

 

Design Manager's REPORT

 

Council at its May 2013 meeting resolved to accept a tendered price of $72,063 (excl GST) from ARUP with an upper limiting fee of $148,500 (excl GST) for Contract 451164 – Investigations and Design for Puzzle Flat Creek Levee Upgrade in Eugowra.

 

The tendered price of $72,063 had an assumption that previous geotechnical investigations for the design of the levee could be used within the contract. In awarding the contract, an upper limiting fee was set allowing for a variation to the contract should the previous geotechnical investigations not be sufficient.

 

Throughout the running of the contract, three smaller variations have been approved to the sum of $33,137.50, giving a total contract expenditure of $105,200.50 to date. One of the smaller variations was for a geotechnical engineer to provide a remediation report for the existing levee and further investigate the ground conditions due to dispersive layers of sand identified within the previous geotechnical report. Council should note that dispersive layers of sand beneath a levee can cause seepage and ultimately a breach of the levee.

 

Due to the dispersive layers of sand found with the previous geotechnical investigations and site visit recommendations by the geotechnical engineer, additional geotechnical investigations are required for the design to be completed and a satisfactory level of confidence in the design to be provided. As the original scope of works for the design did not include additional geotechnical investigations, the consultant has obtained quotations to conduct the required further geotechnical investigations.

 

Quotations for additional geotechnical investigation and reporting have been received as follows:

 

 

Contractor

Total Fee (excl. GST)

Coffey Geotechnical

$41,600

Macquarie Geotechnical

$43,100

North Coast Drilling / ARUP

$62,700

Terratest / ARUP

$64,000

 

Council should note that the two lowest quotations require Council to engage the contractor with minimal supervision and management by ARUP. These quotations would expose Council to significant risk within the ultimate delivery of Contract 451164 and should not be considered.

 

Council’s design consultant ARUP, has not provided a recommendation on the best value for money for the quotations received for the geotechnical investigations. Council’s assessment is that North Coast Drilling, with ARUP managing and supervising the contractor, provides the best value for money to the project. The geotechnical consultant will be engaged through ARUP, and so the project variation will need to be provided to ARUP.

 

In the assessment of the tenders for Contract 451164, the Office of Environment and Heritage (OEH) stipulated it would partly fund the contract on a 4 (OEH) to 1 (Council) basis to $127,500 but set an upper limiting fee of $148,500 for the contract. Council is responsible for any variation to the contract over $127,500 without seeking additional OEH funding.

 

The current financial status of the project is as follows:

 

Item

Amount

Source

Progressive Variance

Total funding for Contract 451164

$127,500

4 parts OEH ($102,000)

1 part Council ($25,500)

$0

ARUP tendered price

$72,063

4 parts OEH ($57,650.40)

1 part Council ($14,412.60)

+$55,437

Variations for Contract 451164 to date

$33,137.50

4 parts OEH ($26,510)

1 part Council ($6,627.50)

+$22,299.50

Geotechnical Investigation variation

$62,700

Residual of OEH funding($17,839.60)

1 part Council ($4,459.90)

Remainder of variation to be covered by Council.

-$40,400.50

 

Council’s job number 500251 (Eugowra Floodplain – Flood Levee) has a current budget Council funding allocation of $60,000, with $25,500 already committed to the original maximum contribution. It is recommended that the additional variation amount over the upper limit in the amount of $40,400.50 be sourced from job number 500251 and the shortfall of $5,900 be adjusted at the June QBR should additional funding not be received from OEH.

 

Council is currently seeking additional funding from OEH to meet the shortfall in funding for the project variations.

 

ITEM 19 - APPLICATION TO REVOKE DANGEROUS DOG DECLARATION - JEREMY MARTIN

REPORT IN BRIEF

 

Reason For Report

Council to consider revoking the Dangerous Dog Declaration

Policy Implications

NIL

Budget Implications

NIL

IPR Linkage

4.5.3.d - Administer statutory requirements (Companion Animals Act & Impounding Act) in accordance with community needs

Annexures

1.  Temperament Assessment Jeremy Martin    

File Number

\OFFICIAL RECORDS LIBRARY\LAWS AND ENFORCEMENT\INFRINGEMENTS\ANIMALS - 543905

 

 

Recommendation

 

THAT Council decline to revoke the dangerous dog declaration, noting that the action proposed for staff to declare the dog menacing will have the same effect as revoking the dangerous dog declaration.

 

Senior Environmental Services Officer's REPORT

 

On the 1 June 2012, Cowra Shire Council declared a dog (microchip number 982009106371917) to be a dangerous dog Under Section 34 of the Companion Animals Act 1998 (the Act). The report prepared by the Cowra Shire Council Ranger detailed that the dog had escaped and attacked a cat (in the cat’s own front yard) and an adult person had also been bitten whilst trying to pull the cat from the dog’s mouth.  The cat was euthanaised due to the injuries sustained from the dog attack incident and the adult person received medical treatment from injuries sustained in the attack.

 

On the 30 October 2013, Cabonne Council received notification from Cowra Shire Council that the dog had been relocated to the Cabonne Shire Council area. Council’s Ranger inspected the property and issued notices for the owners to register and desex their dog as per the Act. The owners have complied and the dog has been desexed and registered.

 

On the 9 December 2013, Council received an application to revoke the Dangerous Dog Declaration as imposed by Cowra Shire Council. Council requested the owner arrange for a temperament assessment to be completed on the dog before the application to revoke could be considered. Council also contacted Cowra Shire Council to obtain any documents/statements related to the dog attack and subsequent declaration.

 

The temperament assessment was completed by Debra Coleman - a qualified dog trainer/assessor (see attachment).  Ms Coleman concluded that in her professional opinion a Dangerous Dog Declaration is not the right outcome for the dog. Ms Coleman believes that the dog should be appropriately contained in its backyard and remain on a lead in public spaces as per Council regulations.

 

It should be noted that to Council’s knowledge, the dog has not been involved in any further incidents or attacks since it was declared dangerous in 2012.

 

Under Section 39 of the Act, Council can revoke a declaration;

“(1)   The owner of a dog that has been declared a dangerous dog or a menacing dog under this Division can apply to the council of the area in which the dog is ordinarily kept (whether or not it is the council whose authorised officer made the declaration) for the declaration to be revoked.

(1A)  An application under subsection (1) cannot be made until after the period of 12 months following the date on which the dog was declared to be a dangerous dog or a menacing dog.

(2)     The council to which the application is made may revoke the declaration but only if satisfied that:

(a) it is appropriate to do so, and

(b) if the council determines that it is necessary—the dog has undergone appropriate behavioral training.

(2A) In making a determination under subsection (2) (a) in relation to a menacing dog declaration, the council is to have regard to the nature and extent of any behavioral training that the dog has undergone.”

 

When considering an application to revoke a declaration, Council must also take into account any liability Council may face should the dog attack again once the declaration has been lifted. Council has three options:

1.   Refuse to revoke the dangerous dog declaration;

2.   Revoke the dangerous dog declaration, thereby removing any restrictions placed on the dog;

3.   Allow staff to declare the dog as a menacing dog under the Act.

Note - Under Section 58 I (2) a declaration that a dog is a menacing dog is taken to revoke any declaration that the dog is a dangerous dog.

 

Under the Act, a menacing dog must still comply with all the requirements of a dangerous dog, with the only exception being the enclosure. The enclosure requirements for a menacing dog only state that the dog must be enclosed in a manner that is sufficient to restrain the dog and prevent a child from having access to the dog.

 

No appeal lies to the Local Court against a declaration by an authorised officer that a dog is a menacing dog or against a refusal by a council to revoke a declaration that the dog is menacing.

 

Due to the risk of liability to Council if the declaration is revoked it is recommended that Council allow staff to declare the dog as menacing under the Companion Animals Act, effectively relaxing the enclosure requirements where the dog is to be kept, whilst still upholding all other requirements of a dangerous dog.

 

 

ITEM 20 - DEVELOPMENT APPLICATION 2014/135 CUDAL MEN'S SHED - LOT 2 SECTION 9 DP 758311

REPORT IN BRIEF

 

Reason For Report

For determination as objections have been received

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.3.a - Provide efficient and effective development assessment

Annexures

1.  Draft Conditions    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2014\03-2014-0135 - 551691

 

 

Recommendation

 

THAT Development Application 2014/135 for a community facility (men’s shed) and attached amenities upon Lot 2 Section 9 DP 758311 land also known as 1-5 Toogong Street, Cudal 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 development application 2014/135 submitted for the Cudal Men’s Shed on land described as Lot 2 Section 9 DP 758311, known as 1-5 Toogong Street, Cudal. 

 

The application has been referred to the Council for determination as the land is owned by Council and submissions have been received.

 

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

 

Applicant: Cudal & District Men’s Shed Inc

Owner:      Cabonne Council

Proposal:  Men’s Shed & amenities

Location:   Lot 2 Section 9 DP 758311 land known as 1-5 Toogong St, Cudal

Zone:         RU5 Village      

 

THE PROPOSAL

It is proposed to construct a shed (community facility) and amenities for the Cudal Men’s Shed Inc. on Lot 2 Section 9 DP 758311 at Toogong Street, Cudal. The proposed shed has dimensions 18m × 7m × 2.7m. It features a skillion roof, two roller doors, three main doors and several windows. Colorbond is proposed for the wall and roof cladding. The attached amenities include a uni-sex toilet, shower and handwash basin.

 

Lot 2 Section 9 DP 758311 is land owned by Cabonne Council and the Cudal Progress & Commerce Association are the trustees, responsible for the use of the site and its maintenance. The site currently features two tennis courts, storage shed that is used by the Tennis Club and existing amenities. It must be noted the tennis courts are not in a good condition and they are currently not used.

 

The proposed hours of operation of the Men’s Shed are 9am to 1pm which may vary, depending on demand. At present there are 9 members of the Cudal Men’s Shed Inc. and it is proposed to use on-street parking along Toogong Street.

 


 

Zone Map

 

 

 

Aerial View

 

 

 


 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

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

 

Clause 1.2  Aims of the Plan

The broad aims of the LEP are as follows:

a) to encourage development that complements and enhances the unique character and amenity of Cabonne, including its settlements, localities, and rural areas,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Cabonne in a manner that allows present and future generations to meet their needs by implementing the principles of ecologically sustainable development,

(c) to facilitate and encourage sustainable growth and development that achieves the following:

(i) contributes to continued economic productivity, including agriculture, business, tourism, industry and other employment opportunities,

(ii) allows for the orderly growth of land uses while minimising conflict between land uses within the relevant zone and land uses within adjoining zones,

(iii) encourages a range of housing choices and densities in planned urban and rural locations that is compatible with the residential and rural environment and meets the diverse needs of the community,

(iv) promotes the integration of land uses and transport to improve access and reduce dependence on private vehicles and travel demand,

(v) protects, enhances and conserves agricultural land and the contributions that agriculture makes to the regional economy,

(vi) avoids or minimises adverse impacts on drinking water catchments to protect and enhance water availability and safety for human consumption,

(vii) protects and enhances places and buildings of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places,

(viii) protects and enhances environmentally sensitive areas, ecological systems, and areas that have the potential to contribute to improved environmental, scenic or landscape outcomes.

 

 


 

Clause 1.9A Suspension of covenants, agreements and instruments

 

The land is owned by Council and is classified as Operational land. There are no Plans of Management for the site which was vested in the care of the former Cudal Tennis Club, and now the Cudal progress association.

      Mapping

The subject site is identified on the LEP maps in the following manner:

 

Land zoning map

Land zoned RU5 Village

Lot size map

NA

Heritage map

Not a heritage item

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

Site is not within a flood zone

Natural resource – karst map

Not within a karst area

Drinking water catchment map

Not within a drinking water catchment area

Riparian land and watercourse map, groundwater vulnerability map

Not affected by riparian, watercourse or groundwater vulnerability

Land reservation acquisition map

N/A

 

      These matters are addressed in the report following.

 

Cabonne Local Environmental Plan 2012

 

The subject land is zoned RU5 Village by the Cabonne Local Environmental Plan 2012.  The proposed community facility (men’s shed) is permissible within this zone, subject to Council’s development consent.

 

Objectives of the zone

 

·    To provide for a range of land uses, services and facilities that are associated with a rural village.

·    To encourage and provide opportunities for development and local employment growth.

·    To ensure that development is compatible with surrounding land uses.

 

REGIONAL ENVIRONMENTAL PLANS

 

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

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

No SEPPS applicable

 

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)

 

No Development Control Plans applies to this land.

 

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

Design and context of the detached shed is in keeping with the site. A survey of the area shows that the majority of residences in the area have similar garage/storage sheds at the rear of the lot. The proposed development is in keeping with the scale and nature of other development in the area. There will be no adverse impact to the site in terms of context and setting.

 

Visual Amenity

The proposed shed is located 2m from the western boundary. The shed is not within close proximity to any surrounding residences and there will be no impact to significant views. Construction materials are non-reflective to reduce impact in terms of visual amenity.

 

Access and Traffic

Upon inspection of Lot 2 by Council’s Development Engineer it has been noted there is no formal vehicle access to the site. In the SoEE the applicant proposes that the members of the Cudal Mens Shed Inc. will utilise onstreet parking on Toogong Street. It is also noted there are 9 members of the group and given the nature of the site there is sufficient area available to provide on street parking. Vehicular access is available via Toogong Street or the rear land to the north. Deliveries to the building may be made via these ingress/egress points. A condition of consent requires provision of adequate vehicular access from the local road to the site.

 

 

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

 

Physical Attributes and Hazards

 

The site is not subject to flooding nor mapped as bushfire prone land.

 

DEVELOPMENT CONTRIBUTIONS

 

No contributions apply to the development.

 

 

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

 

Submission 1

 

In a letter, dated 8 April 2014, the Cudal Progress & Commerce Association were notified by Council and given the opportunity to provide comment/support for the proposal. A copy of the site plan submitted with the application was attached.

 

The Cudal Progress & Commerce Association have identified several issues with the proposal and these are summarised below:-

 

Issue

Comment

The total area of land required for the Men’s Shed is not clear on the site map

The Development Application support documentation identifies the building site. Any agreements required between site users are separate to the planning assessment.

 

Stormwater drainage?

As a draft condition of consent all roof water is to be collected through guttering and downpiping and shall be disposed via Toogong Street

 

Who is going to be responsible for the existing storage shed & equipment on the site?

This is a matter for the trustees of the land to resolve as the building is used by the Tennis Club and the equipment is owned by them

 

Fencing the site?

Should the development be approved there are no Council requirements for the site to be fenced

 

Disabled access to the site?

Development includes provision of disabled amenities. The designated disabled WC is to be constructed in accordance with AS1428.1

 

Separate provisions of power

Supply of power to the site and separate metres should be determined by each group in consultation with the relevant supply authority. Council acknowledges there is already power to the site and this service is currently paid by Cudal Progress and Commerce Association

 

 

 

Submission 2

 

Submission 2 is by a Cabonne Councilor who is also the elected delegate for the Cudal Progress and Commerce Association. The objector states that several community members have contacted them regarding the proposal and voiced their concerns in relation to the erection of a second Men’s Shed in Cudal.

 

Issue

Comment

There is an existing Men’s Shed which is currently used by three (3) active members. The existing shed is a garage at the former Cudal Hospital site and it appears to meets the groups needs and requirements.

Council acknowledges there is an existing Men’s Shed in Cudal. Whether or not this shed meets the group’s needs is not a means for refusal of the development application and the number of ‘Men’s Sheds’ in Cudal is not restricted. Furthermore, the number of active members and their involvement in the group is not a planning matter for consideration in this instance

 

Provisions of power

As stated previously, the supply of power to the site and separate metres should be determined by each group in consultation with the relevant supply authority. This may be a written agreement between each group to ensure future conflict situations do not arise

 

Fence between the Men’s Shed and Tennis Club

Both Lots 2 and 3 are owned by Council and there is no policy or standard which requires the site to be fenced. Fencing should be determined by the Men’s Shed Inc and Progress Association. It may be beneficial for a written agreement for costs and labour if a fence is to be constructed. Given the nature of the site, it is not necessary to construct a fence. The Progress Association may need to give consideration to the future of the tennis courts and possible reinstatement

 

Access to the proposed Men’s Shed

Council’s Development Engineer has included a draft condition of consent for Provision of Private Access. The applicants are required to design and construct approved access for the participants

 

Cost for providing amenities

How the developer pays for the materials and labour for the proposed building is not a planning matter for consideration in this report. On the application form submitted to Council, the applicant has indicated the estimated cost of the development is $37,748.40

Document titled ‘Plans for Sanitary Drainage’ and mystery rain water tank

The submission refers to these plans, however they were not submitted to Council with the development application therefore they will not form part of an approval should such be granted

 

 

The objector also states in their opinion, and on behalf of the members of the Cudal Promotions and Commerce Association, if anything is to be erected on the tennis courts it would be beneficial to the township of Cudal to build a Rural Fire Shed instead. Also, if it was a decision to build either a Men’s Shed or a new Rural Fire Shed… the Fire Shed would be more of a benefit to the community.

 

The comments are noted, however do not have basis for planning review/consideration.

 

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 development is permissible with the consent of Council. The development complies with the relevant aims, objectives and provisions of the LEP. Two submissions in objection to the proposal were received by Council and the issues have been summarised and addressed in this report. A section 79C assessment of the proposal indicates the development is acceptable in this instance.  The recommendation is for approval as the submissions do not identify any grounds for refusal under the Environmental Planning and Assessment Act. Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 21 - 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.  May 6 2014 Environmental Services and Sustainability Committee Meeting Report of    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2014 - 549920

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 6 May 2014 be adopted and carried motions be noted.

 

Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 6 May 2014.

 

 

ITEM 22 - 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 - 549922

 

 

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 23 - 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 - 549921

 

 

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 6 Ordinary Meeting 20 May 2014

Item 6 - Annexure 1

 

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Item 6 Ordinary Meeting 20 May 2014

Item 6 - Annexure 2

 

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Item 7 Ordinary Meeting 20 May 2014

Item 7 - Annexure 1

 

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Item 8 Ordinary Meeting 20 May 2014

Item 8 - Annexure 1

 

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Item 9 Ordinary Meeting 20 May 2014

Item 9 - Annexure 1

 

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Item 10 Ordinary Meeting 20 May 2014

Item 10 - Annexure 1

 

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Item 17 Ordinary Meeting 20 May 2014

Item 17 - Annexure 1

 

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Item 17 Ordinary Meeting 20 May 2014

Item 17 - Annexure 2

 

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Item 19 Ordinary Meeting 20 May 2014

Item 19 - Annexure 1

 

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Item 20 Ordinary Meeting 20 May 2014

Item 20 - Annexure 1

 

 

DRAFT CONDITIONS OF CONSENT

 

1.   DEVELOPMENT IN ACCORDANCE WITH PLANS

 

Objective

 

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

 

Performance

 

Development is to take place in accordance with the attached stamped plans (Ref No DA2014/0135 undated site plan, Garage World Plans  dated 19 December 2012 and 27 June 2013 ) and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council’s consent. 

 

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

 

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

 

 

2.   BUILDING CODE OF AUSTRALIA 2013 – AUSTRALIAN STANDARDS

 

Objective

 

To satisfy the Building Code of Australia 2013 and relevant Australian Standards.

 

Performance

 

The approved community facility (men’s shed) & amenities must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2013. Compliance with the Performance Requirements can only be achieved by:-

 

a)      complying with the Deemed to Satisfy Provisions; or

b)      formulating an Alternative Solution which:-

 

          i)       complies with the Performance Requirements; or

          ii)      is shown to be at  least equivalent to the Deemed to Satisfy Provisions; or

          iii)     a combination of both a) and b).

 

 

3.   WALL/ROOF CLADDING

 

Objective

 

To reduce the visual reflective impact on adjoining properties.

 

Performance

 

Non-reflective finish materials to be used on the wall/roof cladding.

 

 

4.   LOADING / UNLOADING

 

Objective

 

To ensure loading / unloading does not interfere with the amenity of the street.

 

Performance

 

All loading and unloading operations are to take place at all times wholly within the confines of the site.

 

 

5.   SCALE (GENERAL)

 

Objective

 

To ensure the scale of the activity does not increase beyond the scope of this approval without the further assessment of possible impact.

 

Performance

 

This approval enables the applicant to operate at a scale as submitted in the proposal.  Any increase in the scale of the activity as submitted, will require the further approval of Council.

 

 

6.   HOURS OF OPERATION

 

Objective

 

To protect the amenity of the surrounding area.

 

Performance

 

The hours of operation of the premises shall be as follows:-

 

9:00 am to 1:00 pm Tuesday and Thursday each week.

 

Variety of the above hours/days must be approved by Council, by written application.

 

 

7.   PROVISION OF PRIVATE ACCESS

 

Objective

 

To ensure that safe and practical access is provided to the subject land.

 

Performance

 

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

 

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

 

A joint inspection with the Principal Certifying Authority is to be held prior to commencing construction of the access.  Please telephone Council’s Development Engineer on 6392 3271 to arrange a suitable date and time for the inspection.

 

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

 

 

8.   NOISE

 

Objective

 

To limit the impact of noise on adjoining properties.

 

Performance

 

Building work may only be carried out on the site between the following hours:

 

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturday

8.00am and 5.00pm Sunday and Public Holidays

* This includes site works and delivery of materials.

 

 

9.   IDENTIFICATION OF SITE

 

Objective

 

To clearly identify the site.

 

Performance

 

Provide a clearly visible sign to the site stating:

 

a)         Unauthorised entry is prohibited;

b)         Builders name and licence number; or owner builders permit number;

c)         Street number or lot number;

d)         Contact telephone number/after hours number;

e)         Identification of Principal Certifying Authority.

 

 

10. PLUMBING AND DRAINAGE WORKS

 

Objective

To ensure compliance with the requirements of the relevant legislation.

Performance

All plumbing and drainage work shall be carried out by a licensed plumber and drainer to the requirements of the National Plumbing and Drainage Code AS3500.

 

11. DRAINAGE

 

Objective

 

To ensure satisfactory disposal of roof stormwater run-off.

 

Performance

 

All roof water shall be collected through guttering and down piping, connected to a 100mm or 90mm PVC pipeline and shall be disposed of by discharge to Toogong Street.

 

 

12. INSTALLATION HOT WATER SERVICE

 

Objective

 

To ensure the safety of the occupants.

 

Performance

All new hot water installations shall deliver hot water at the outlet of all sanitary fixtures used primarily for personal hygiene purposes at a temperature not exceeding 50oC.

 

 

13. SOIL EROSION

 

Objective

 

To prevent soil erosion during the course of development.

 

Performance

 

Measures are to be taken during the course of development to ensure satisfactory stabilisation of exposed areas to prevent soil erosion.

 

 

14. OCCUPATION CERTIFICATE

 

Objective

 

To ensure compliance with the Environmental Planning & Assessment Act 1979.

 

Performance

 

All residential buildings will require an Occupation Certificate PRIOR to occupation/use of the building

 

………………………………………………………………………………………….

 

SECTION 68 Plumbing & Drainage

 

 

15. PLUMBING AND DRAINAGE WORKS

 

Objective

 

To ensure compliance with the requirements of the relevant legislation.

 

Performance

 

All plumbing and drainage work shall be carried out by a licensed plumber and drainer to the requirements of the National Plumbing and Drainage Code AS3500.

 

16. DRAINAGE RECORDS

 

Objective

 

To provide an accurate record of drainage works.

 

Performance

 

A works as executed plan drawn to the scale of 1 in 200 of drainage is to be submitted to Council at the time of inspection.

 

17. INSPECTIONS

 

Performance

 

To ensure compliance with AS3500

 

Objective                                                                               

 

Licensed plumber drainer to make arrangements for following inspections prior to covering:

 

1.   Internal drains under test under water test

2.   Hot and cold plumbing under pressure test

3.   External drains  under water test and absorption drains

4.   Final plumbing and drainage before occupation.

 


Item 21 Ordinary Meeting 20 May 2014

Item 21 - Annexure 1

 

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GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Tuesday 20 May, 2014

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      INVESTMENTS SUMMARY................................................................. 1

ITEM 2      RATES SUMMARY................................................................................ 1

ITEM 3      BUSINESS ACTIVITY STATEMENT FOR MARCH 2014.............. 2

ITEM 4      BUSINESS ACTIVITY STATEMENT FOR APRIL 2014................. 3

ITEM 5      ALGWA ANNUAL CONFERENCE BROKEN HILL 20-22 MARCH 2014    4

ITEM 6      RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING    5

ITEM 7      DEVELOPMENT APPLICATIONS RECEIVED DURING MARCH 2014      5

ITEM 8      DEVELOPMENT APPLICATIONS APPROVED DURING MARCH 2014    7

ITEM 9      BURIAL STATISTICS........................................................................... 8  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Investments April 2014............................................... 10

ANNEXURE 2.1    Rates graph end April 2014..................................... 12

ANNEXURE 5.1    Presentation Clr Wilcox......................................... 13

ANNEXURE 6.1    Council................................................................................ 32

ANNEXURE 6.2    Community Services..................................................... 67

ANNEXURE 6.3    ED and T................................................................................ 69

ANNEXURE 6.4    Environment Services................................................ 71

ANNEXURE 6.5    Local Government Week.......................................... 73

ANNEXURE 6.6    Rates Review.................................................................... 74

ANNEXURE 6.7    Works................................................................................... 75

ANNEXURE 6.8    Traffic Light report Summary............................. 79 

 


 

 

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.  Investments April 2014    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 550994

 

Finance Manager's REPORT

 

Council’s Investments as at 30 April 2014 stand at a total of $35,770,212. This is down by $2,255,667 from the previous month due to a negative outflow of funds for the month of April.

 

Council’s average interest rate for the month was 3.59%, remaining steady from last month. The Reserve bank’s official cash rate remained steady at 2.5% for the month of April. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 2.66%.

 

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 for April 2014 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 end April 2014    

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 552085

 

Finance Manager's REPORT

 

Rate Collection Summary to 30 April, 2014 is attached for Council’s information. The percentage collected is 78.9%, which is on average when compared to previous years. The fourth instalment will fall due on 31 May 2014.

 

There are issues due to the data conversion process of the arrears in the computer software which may affect the collection percentage. The software vendor is currently trying to resolve these issues.

 

 

ITEM 3 - BUSINESS ACTIVITY STATEMENT FOR MARCH 2014

REPORT IN BRIEF

 

Reason For Report

To advise of Council's obligations with regard to GST reporting for the month ended 31 March 2014

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.5.g - Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\TAX\GST - 551982

 

FINANCE MANAGER'S REPORT

 

Council’s Business Activity Statement for the month of March 2014 was completed and submitted to the Australian Taxation Office on 11 April, 2014.   This was prior to the statutory deadline of 21 April.

 

The March Business Activity Statement resulted in a payment to Australian Taxation Office of $12,974. 

 

A comparison between March 2014 and February 2014 shows the major differences as follows:

 

·    Total Income Received increased by $2,612,139 compared to $217,670 in February 2014.  Income received from Department of Infrastructure Grant $511,889, Roads and Maritime Services Funding $1,288,884, Cumnock Sewer Scheme Project funding $1,362,192 and Yeoval Sewer Scheme Project funding $635,404 in March.

 

·    GST Free Income decreased by $184,365 compared to $575,786 in February 2014.   This variance is mainly due to the FAG Grant of $553,952 in February 2014.

 

·    Capital Purchases increased by $1,122,929 compared to $442,075 in February 2014.   During March, payments totalling $210,538 were made for Purchase of Tanks for Cumnock Sewer scheme and $748,307 for construction of Yeoval Sewerage Treatment Plant.

 

·    Non Capital Expenditure increased by $156,603 compared to $375,024 in February.  Expenditure in this category included $286,078 for reseals MR377, MR310 and SH7.  Work carried out by Downer EDI Works Pty Ltd.

 

The March Business Activity Statement includes a quarterly payment for Fringe Benefits Tax of $14,717.   This amount is determined by the Australian Taxation Office, and is based on the total Fringe Benefits Tax Payable for the previous Fringe Benefits Tax year, ending 31 March 2013.

 

Council did not claim any Diesel Fuel Rebate in the Business Activity Statement for March.

 

ITEM 4 - BUSINESS ACTIVITY STATEMENT FOR APRIL 2014

REPORT IN BRIEF

 

Reason For Report

To advise of Council's obligations with regard to GST reporting for the month ended 30 April 2014

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.4.b - Maximise secure income through investments

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\TAX\GST - 551734

 

FINANCE MANAGER'S REPORT

 

Council’s Business Activity Statement for the month of April 2014 was completed and submitted to the Australian Taxation Office on 7 May, 2014.   This was prior to the statutory deadline of 21 May.

 

The April Business Activity Statement resulted in a refund to Council of $146,359. 

 

A comparison between April 2014 and March 2014 shows the major differences as follows:

 

·    Total Income Received decreased by $3,418,464 compared to an increase of $2,612,139 in March 2014. This is due to minimal Grant Funding during April 2014.

 

·    GST Free Income decreased by $506,583 compared to $184,365 in March 2014.   This variance is mainly due to Department of Education, Employment and Workforce Relations – Child Care Benefit.

 

·    Capital Purchases decreased by $1,519,638 compared to an increase of $1,122,929 in March 2014. This is due to a decrease in construction work for April 2014.

 

·    Non Capital Expenditure increased by $264,044 compared to an increase of $156,603 in March.  This is partly due to a CWL contribution to Orange City Council for $57072,

 

The April Business Activity Statement does no include a quarterly payment for Fringe Benefits Tax.  This amount is determined by the Australian Taxation Office, and is based on the total Fringe Benefits Tax Payable for the previous Fringe Benefits Tax year, ending 31 March 2013.

 

Council did not claim any Diesel Fuel Rebate in the Business Activity Statement for April.

 

 

 

ITEM 5 - ALGWA ANNUAL CONFERENCE BROKEN HILL 20-22 MARCH 2014

REPORT IN BRIEF

 

Reason For Report

Report to Council the attendence at the ALGWA Annual Conference at Broken Hill.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

4.5.1.e - Provide adequate training & professional development opportunities for Councillors

Annexures

1.  Presentation Clr Wilcox    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2012-2016\WILCOX SHARON - 552364

 

General Manager's REPORT

 

Please find attached report from Clr Wilcox regarding attendance of Clr Nash and Clr Wilcox at the ALGWA Annual Conference in Broken Hill from 20-22 March 2014.

 

 

 

ITEM 6 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report on progress made in actioning its resolutions up to last month's Council and Committees meetings.

Policy Implications

Nil

Budget Implications

Nil

IPR Linkage

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

Annexures

1.  Council

2.  Community Services

3.  ED and T

4.  Environment Services

5.  Local Government Week

6.  Rates Review

7.  Works

8.  Traffic Light report Summary    

File Number

\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 552429

 

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.

 

A new “traffic light” indicator system has been implemented to enable Council to identify potential areas of concern at a glance and is included at the end of the full register.

 

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

 

ITEM 7 - DEVELOPMENT APPLICATIONS RECEIVED DURING MARCH 2014

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 - 552088

 

Director of Environmental Services' REPORT

 

The following Development Applications have been received during the period 1/4/2014 to 30/4/2014 as detailed below.

 

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

S68 x 9

$-----

Boundary Adjustment & Consolidation

$ -----

Dwelling

$197,000

Goat Pavillion

$24,000

Workshop & Storage Facility

$206,268

Dwelling

$387,200

Dwelling/Deck/Sheds

$150,000

Detached Garage

$15,000

Transportable Dwelling

$193,791

Dwelling

$303,209

Additions & Alterations to Dwelling

$350,000

TOTAL: 19

$1,826,468

 

SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED

 

TYPE

ESTIMATED VALUE

Alterations & additions to Dwelling

$147,794

NBN Fixed Wireless Base Station

$187,000

NBN Fixed Wireless Base Station

$187,000

Workshop & Storage Facility

$206,268

Inground Swimming Pool

$39,755

Carport

$3,700

Alfresco Awning

$18,900

TOTAL: 7

$790,417

 

GRAND TOTAL: 26

$2,616,885

 

 

ITEM 8 - DEVELOPMENT APPLICATIONS APPROVED DURING MARCH 2014

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 - 552089

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the period 1/4/2014 to 30/4/2014 as detailed below.

 

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

 

TYPE

ESTIMATED VALUE

S68 Only x 11

$ -----

7 Lot Subdivision

$ -----

Community Market

$ -----

Dwelling Removal

$ -----

Boundary Adjustment

$ -----

Plant Nursery

$ 400,000

Garage/Shed with Temporary Living Accommodation Section

$ 49,500

Dwelling

$ 140,000

Dwelling

$ 260,000

Storage Shed

$ 15,000

Dwelling

$ 391,394

Goat Pavillion

$ 24,000

Relocation of Transportable Dwelling

$ 40,000

Ancillary Dwelling

$ 450,000

Dual Occupancy

$ 85,000

Detached Garage

$ 15,000

Dwelling

$ 120,000

TOTAL: 27

$ 1,989,894

 

 

SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS

 

TYPE

ESTIMATED VALUE

Alterations & Additions to Dwelling

$ 147,794

NBN Fixe Wireless Base Station

$ 187,000

NBN Fixe Wireless Base Station

$ 187,000

Alfresco Awning

$ 18,900

Carport

$ 3,700

Inground Swimming Pool

$ 39,755

TOTAL: 6

$ 584,149

 

 

GRAND TOTAL: 33

$ 2,574,043

 

Previous Month: 26

$ 2,532,813.14

 

 

ITEM 9 - 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 - 552090

 

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

4

January

8

February

5

March

9

April

4

May

 

June

 

Total

65 

 

  


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