cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 2 March 2016

 

 

NOTICE OF EXTRAORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested on Tuesday 8 March, 2016 for an EXTRAORDINARY MEETING commencing at 3.00pm, at the Cabonne Council Chambers, Bank Street, Molong to consider the undermentioned business.

 

Please note that Richard Pearson, NSW Premier & Cabinet Delegate will be addressing councillors from 2.00pm.

 

Yours faithfully

GM - A Hopkins Signature

Andrew L Hopkins

GENERAL MANAGER

 

 

ORDER OF BUSINESS

 

1)            Open Ordinary Meeting

2)            Consideration of General Manager’s Report

a)      Rescission Motion – Item 5 January 19 Extraordinary Council meeting 2016;

b)      Little River Landcare Group – Request for funds from the 2015/16 budget;

c)       Merger Proposal – Address by Delegate;

d)      Section 68 2016/2045 Lot 1 DP 1089570, Carty’s Lane Manildra.

 

 

 

 

 


 

 

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 Extraordinary Council Meeting TO BE HELD ON Tuesday 8 March, 2016

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE................................. 2

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

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

ITEM 4      RESCISSION MOTION - ITEM 5 JANUARY 19 EXTRAORDINARY COUNCIL MEETING 2016...................................................................................... 4

ITEM 5      LITTLE RIVER LANDCARE GROUP - REQUEST FOR FUNDS FROM 2015/16 BUDGET................................................................................................. 5

ITEM 6      MERGER PROPOSAL - ADDRESS BY DELEGATE.................... 6

ITEM 7      SECTION 68 2016/2045 LOT 1 DP 1089570 CARTY'S LANE MANILDRA          7   

 

ANNEXURE ITEMS

 

ANNEXURE 5.1    LRLG Financial report............................................... 12 

 


 

 

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 - 738679

 

 

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.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

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 - 2016 - 738680

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

General Manager's REPORT

 

A call for Declarations of Interest.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

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 - 738681

 

 

Recommendation

 

THAT any Political Donations be noted.

 

General Manager's REPORT

 

A call for declarations of any Political Donations.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

 

 

ITEM 4 - RESCISSION MOTION - ITEM 5 JANUARY 19 EXTRAORDINARY COUNCIL MEETING 2016

REPORT IN BRIEF

 

Reason For Report

For Council to consider a rescission motion lodged by councillors MacSmith, Hayes and Walker

Policy Implications

Could create a precedent

Budget Implications

$750,000 not included in current budget plus $450,000 long term loan.

IPR Linkage

3.2.1.b. Facilitate retirement and aged care projects and services

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\CANOWINDRA PROPOSED RETIREMENT VILLAGE - CORNER BLATCHFORD and MILL STREETS - 738691

 

 

Recommendation

 

THAT the rescission motion be dealt with.

 

Director of Finance and Corporate Services' REPORT

 

A rescission motion has been received from councillors MacSmith, Hayes and Walker as follows:-

 

“We the undersigned Councillors hereby give notice of our intention to rescind the following motion resolved at the Council meeting held 19 January 2016:-

ITEM - 5    PROPOSED CANOWINDRA RETIREMENT ACCOMMODATION PROJECT

Recommendation (MacSmith/Davison)

1.   Council resolves to consider allocating funds in the 2016/2017 budget (or prior to) for financial assistance, whether by way of grant, loan, works or a combination of these, to enable the establishment and operation of a ‘retirement village’ within Canowindra.

2.   Council engage the services of a specialist consultant(s) up to a $10,000 limit to assess and advise upon appropriate sites, if any, within Canowindra for such a ‘retirement village’ and report back to council by no later than March 2016.

3.   A committee comprising of Director of Finance & Corporate Services and Clrs Hayes, Walker, and MacSmith oversee the work of the consultant.

Carried

Foreshadowed Motion

THAT Council advertise and invite public comments as required by the OLG Guidelines relating to its intention to provide $550,000 in infrastructure funding and $450,000 by way of a long term loan to the Canowindra Retirement Village Association Inc to enable the establishment of a retirement village in Canowindra and an additional $200,000 from the Canowindra Town Improvement Fund for remaining infrastructure improvements.

 

 

 

 

 

Clr L MacSmith

 

Clr M Hayes

 

Clr K Walker”

 

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

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is proposed to be advertised and invites public comments as provided by the guidelines for amounts over $250,000.

 

Under the guidelines Council would also be required to “disclose the reasons why the expenditure is required and warranted”.

 

Council also needs to consider whether this decision will impose a significant and/or ongoing financial commitment on a new council.

 

ITEM 5 - LITTLE RIVER LANDCARE GROUP - REQUEST FOR FUNDS FROM 2015/16 BUDGET

REPORT IN BRIEF

 

Reason For Report

For council to determine whether request for funds for Little River Landcare Group can be included in 15/16 budget

Policy Implications

Nil

Budget Implications

$10,000 (ex GST) - no budget allocation

IPR Linkage

5.5.1.a. Support community education programs in environmental stewardship and management

Annexures

1.  LRLG Financial report    

File Number

\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\MEETINGS\LITTLE RIVER LANDCARE GROUP - 738692

 

 

Recommendation

 

THAT Council consider the request from Little River Landcare Group.

 

Acting Director of Engineering & Technical Services' REPORT

Council would recall at its October 2015 meeting a report proposing an allocation of $10,000 from the 2015/16 budget for Little River Landcare Group (LRLG) Inc.   At this meeting, it was recommended:

“THAT clarification be sought regarding the increase in membership fees of $7,500 in 2014/15 and further report be made to the November council meeting.”

Council only received LRLG response on 15 December 2015 and the audited financial statements are attached which shows that that there has been an increase in membership as follows:

·    2013        $5,800

·    2014        $6,108

·    2015        $12,106

·    2016        $12,880 (year to date)

The Little River Landcare Group aligns with a variety of Cabonne’s Strategic Plan objectives and has been able to contribute towards the objectives over the last 16 years due to a focus on the triple bottom line and their ability to access funding through state government, federal government and donations.

Attached are the full financial statements from LRLG.

Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period. 

The guidelines provide that there should be clear and compelling grounds for any expenditure outside of the Council’s adopted budget and the decision should be approved in open Council, there is currently no provision of funding for this project.

Should Council wish to provide a contribution it must also include the reasons why the expenditure is required and warranted in the resolution voting the funds.

 

ITEM 6 - MERGER PROPOSAL - ADDRESS BY DELEGATE

REPORT IN BRIEF

 

Reason For Report

To provide an opportunity to make any resolutions following the address to Council by the State Government appointment Delegate.

Policy Implications

Council has a policy opposing forced amalgamation.

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\AMALGAMATIONS\BLAYNEY SHIRE, CABONNE AND ORANGE CITY COUNCILS PROPOSED MERGER 2016 - 738743

 

 

Recommendation

 

THAT Council:

 

1.   Note the address by Delegate Richard Pearson.

2.   Make any resolutions necessary as a result of the address.

 

 

General Manager's REPORT

 

Prior to the Extraordinary meeting, the State Government appointed Delegate Richard Pearson will address council. 

 

Mr Pearson had previously made a commitment to conduct a follow up visit to Council following the public inquiries and conclusion of merger proposal submission period.

 

This purpose of this report item is to provide an opportunity to make any resolutions necessary as a result of the address.

 

Please note that guidelines have been issued under Section 23A of the Local government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period.

 

 

ITEM 7 - SECTION 68 2016/2045 LOT 1 DP 1089570 CARTY'S LANE MANILDRA

REPORT IN BRIEF

 

Reason For Report

To be determined by Council

Policy Implications

Sewer Policy

Budget Implications

May be subject to a seperate application for assistance for the cost of the sewer main extension

IPR Linkage

4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels

Annexures

Nil   

File Number

\Development Applications\S68 APPROVAL\2016\S68-2016-2045 - 738750

Previous Items

31 - SECTION 68 2016/2045 LOT 1 DP 1089570 CARTY'S LANE, MANILDRA - Council - 23 Feb 2016 2.00pm

 

 

Recommendation

 

THAT Development Application 2016/2045 for the installation of an Onsite Sewerage Management System (OSMS) at Lot 1 DP 1089570, Carty’s Lane, Manildra be refused as the property is within 75m of the Manildra town sewer system.

 

 

Health & Building Surveyor  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.

 

 

BACKGROUND

 

The Council at its meeting of 23 February 2016 deferred determination of s68 2016/2045 and sought a review of the assessment report following a presentation to Council by the landowner. The reviewed report is resubmitted for Council’s determination.

 

SUMMARY

 

The following report provides a reassessment of the Section 68 application submitted for an Onsite Sewerage Management System (OSMS) on the land described as Lot 1 DP 1089570, Carty’s Lane, Manildra previously presented to Council at its February meeting.

 

It is recommended that the application be refused as the property can be serviced by the Manildra town sewer system.

 

Applicant:           Tracy Barnes & Jason Harmer

Owner:                Tracy Ann Barnes & Jason David Harmer

Proposal:            Onsite Sewerage Management System (OSMS)

Location:            Lot 1 DP 1089570, Carty’s Lane Manildra

Zone:                  R5 – Large Lot Residential

 

THE PROPOSAL

 

It is proposed to install an OSMS to service a proposed dwelling. An On-site effluent management study report was prepared by Envirowest Consulting Pty Ltd referenced R6348e, dated 17 September 2015.

 

Site Map

 

 

 

Mapping

 

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

 

Land zoning map

Land zoned R5 Large Lot Residential

Lot size map

NA

Heritage map

Not a heritage item or conservation area

Terrestrial Biodiversity Map

No biodiversity sensitivity on the subject land

Flood planning map

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 Groundwater vulnerable

Land reservation acquisition map

NA

 

MATTERS FOR CONSIDERATION

 

Council’s Engineering and Environmental Services officers conducted a reassessment of the application based on the information presented to Council at the February meeting by the applicant, mainly being the applicants stated need for an easement and the distance to connect to the town sewer was greater than 75m.

 

The site was inspected and it was determined that the sewer main is located within the Carty’s Lane road reserve and that the creation of an easement would not be required as the sewer main can be extended to the property without the need to enter any third party’s property. The site inspection also identified that the distance between the existing sewer main and the property boundary is approximately 56m, the extension to the main will be 72m as identified in the aerial photo below.

 

Council’s Engineering Department provided a quotation to the applicant on 28 August 2015 (prior to purchase of the property) for $8,955 to connect the sewer. The letter stated that there would be no significant cost to the customer to cover the distance from the house to the boundary as the council covers the cost of connecting the pod to the sewer main and the pod will be located adjacent to the house. The applicant would be responsible for arranging connection of wastewater from the house to the sewer pod.

 

The applicant’s private certifier was also informed by email on 16 September 2016 of the need to connect to the sewer.

 

 

The current sewer main in Carty’s Lane would benefit from additional users as it currently services only one property. Additionally, the sewer main offers greater environmental protection than an OSMS.

 

CONCLUSION

 

The proposed Section 68 application for installation of an OSMS should be refused and the applicants requested to lodge an application to connect to the Manildra town sewer system as the property is located within 75m of the sewer system.

 

Please note that guidelines have been issued under Section 23A of the Local Government Act titled “Council decision making during merger proposal periods”. Council must consider the guidelines in relation to each decision they make during the proposal period, this matter is of an ongoing nature and it is considered it complies with the guidelines.

  


Item 5 Extraordinary Meeting 8 March 2016

Item 5 - Annexure 1

 

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Item 5 Extraordinary Meeting 8 March 2016

Item 5 - Annexure 1

 

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Item 5 Extraordinary Meeting 8 March 2016

Item 5 - Annexure 1

 

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