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137-139 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] 1 | Page AGENDA AND BUSINESS PAPERS Oberon Council Ordinary Meeting Tuesday 15 November 2016 Commencing at 5.30pm at the Oberon Council Chambers
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AGENDA AND BUSINESS PAPERS Oberon Council Ordinary … · Oberon Council - Agenda and Business Papers – Ordinary Meeting – 15 November 2016 8 | P a g e 17 Oct Invitation to attend

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Page 1: AGENDA AND BUSINESS PAPERS Oberon Council Ordinary … · Oberon Council - Agenda and Business Papers – Ordinary Meeting – 15 November 2016 8 | P a g e 17 Oct Invitation to attend

137-139 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] Email: [email protected]

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AGENDA AND BUSINESS PAPERS Oberon Council Ordinary Meeting Tuesday 15 November 2016 Commencing at 5.30pm at the Oberon Council Chambers

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Agenda Items page 1. OPENING OF MEETING .............................................................................................. 4

2. ACKNOWLEDGEMENT OF COUNTRY ....................................................................... 4

3. PRAYER ....................................................................................................................... 4

4. RECORD OF ATTENDANCE ....................................................................................... 4

5. DECLARATIONS OF INTEREST .................................................................................. 5

6. GENERAL AND CIVIC PRESENTATIONS ................................................................... 6

7. COMMUNITY PRESENTATIONS AND QUESTIONS .................................................. 6

8. CONFIRMATION OF MINUTES.................................................................................... 6

9. MAYORAL MINUTE AND REPORT .............................................................................. 7

09.01 MAYORAL MINUTE AND REPORT ............................................................................................ 7

10. NOTICES OF MOTIONS ............................................................................................... 9

10.01 NOTICE OF MOTION – CHANGE OF URBAN AREA POLICY FOR PROVISION OF

ELECTRICITY ................................................................................................................................................ 9

11. COUNCILLOR AND DELEGATES REPORTS ........................................................... 11

11.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING ........................................... 11 11.02 UPPER MACQAURIE COUNTY COUNCIL .............................................................................. 17 11.03 COUNTRY MAYORS ASSOCIATION OF NSW MEETING ...................................................... 18

12. COMMITTEE REPORTS ............................................................................................ 19

12.01 OBERON YOUTH COUNCIL ..................................................................................................... 19 12.02 BLACK SPRINGS COMMUNITY HALL COMMITTEE .............................................................. 21

13. REPORTS FOR DECISION ........................................................................................ 24

13.01 PROPOSED CROWN ROAD CLOSURES ............................................................................... 24 13.02 BLACK SPRINGS ICE SKATING RINK ..................................................................................... 26 13.03 YOUTH SUPPORT .................................................................................................................... 28 13.04 DA 10.2016.39.1 SUBDIVISION INTO 3 LOTS (VOYTILLA - THE REEF RD) .......................... 29 13.05 DEVELOPMENT APPLICATION 10.2016.74.1 – RETROSPECTIVE USE OF EXISTING SHED

- 15 SCOTIA AVENUE, OBERON ............................................................................................. 31 13.06 DELEGATE TO OBERON HEALTH COUNCIL ......................................................................... 52 13.07 REVIEW OF MODEL CODE OF CONDUCT AND PROCEDURES FOR THE

ADMINISTRATION OF THE MODEL CODE OF CONDUCT .................................................... 53 13.08 ANNUAL REPORT 2015/16 ...................................................................................................... 54 13.09 DELEGATIONS OF AUTHORITY – ACTING GENERAL MANAGER ....................................... 55

14. REPORTS FOR INFORMATION ................................................................................ 61

14.01 MONTHLY ACTIVITY REPORT – ACTING GENERAL MANAGER .......................................... 61 04.02 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING ............................................. 72 14.03 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES ............................... 77 14.04 GRANTS MONTHLY UPDATE .................................................................................................. 81 14.05 WATER AND SEWER PLANT REPORT ................................................................................... 84 14.06 STATEMENT OF INVESTMENTS............................................................................................. 86 14.06 WATER SUPPLY & SEWERAGE SERVICING STRATEGY REPORT ..................................... 89 14.07 OBERON COMMUNITY TRANSPORT UPDATE ..................................................................... 91 14.08 LATE REPORT - AUDITED FINANCIAL STATEMENTS FOR 2015/16 .................................... 94

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15. URGENT BUSINESS .................................................................................................. 95

16. CLOSED SESSION / CONFIDENTIAL REPORTS ..................................................... 95

16.01 TENDER 2016/1 – GRAVEL CRUSHING SERVICES 2016-2018 ............................................ 96 16.02 CITIZEN OF THE YEAR AWARDS............................................................................................ 96 16.03 SERVICE NSW .......................................................................................................................... 96 16.04 PROPERTY & LAND DEVELOPMENT – INDUSTRIAL ESTATE ............................................. 96 16.05 WATER WRITE-OFF REQUEST – ACCOUNT 12369541 ........................................................ 97

17. CLOSURE OF MEETING ............................................................................................ 97

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1. OPENING OF MEETING

The Mayor will welcome members and declare the meeting open.

2. ACKNOWLEDGEMENT OF COUNTRY

Council acknowledges that this meeting is being held on the traditional lands of the Wiradjuri and Gundungurra People, and respects the history and culture of the elders both past and present.

3. PRAYER

The Meeting will be opened in prayer.

4. RECORD OF ATTENDANCE

Members Mayor Kathy Sajowitz (in the Chair) Deputy Mayor Kerry Gibbons Clr Ian Doney Clr Jill Evans Clr Neil Francis Clr Sam Lord Clr Clive McCarthy Clr John Morgan

Staff Gary Wallace, Acting General Manager

Chris Schumacher, Works and Engineering Director Lynette Safranek, Finance and Community Services Director

Sharon Swannell, Executive Coordinator Apologies Nil

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5. DECLARATIONS OF INTEREST

File No: Governance/Councillors/Declarations of Interest

A GUIDE TO ETHICAL DECISION-MAKING

(Provided by the Independent Commission Against Corruption)

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and code of conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny? A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

Pecuniary – regulated by the Local Government Act and Department of Local Government

Non-pecuniary – regulated by codes of conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only)

The test for conflict of interest:

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain

Important to consider public perceptions of whether you have a conflict of interest Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. When making a Declaration of Interest the reason for making the declaration should be clearly stated. Pecuniary and Non-Pecuniary Significant Interests should be managed by leaving the room while the matter is considered. Pecuniary -

Non-Pecuniary Significant

-

Non-Pecuniary Less than Significant

-

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6. GENERAL AND CIVIC PRESENTATIONS

Nil

7. COMMUNITY PRESENTATIONS AND QUESTIONS

None received.

8. CONFIRMATION OF MINUTES

Ordinary Meeting 18 October 2016 ATTACHED is the Minutes of the Ordinary Council Meeting held on 18 October 2016 Recommendation: That the Minutes of the Ordinary Meeting held on 18 October 2016 be confirmed. Matters Arising from the Minutes Nil Works Committee Meeting 25 October 2016 ATTACHED is the Minutes of the Works Committee Meeting held on 25 October 2016 Recommendation: That the Minutes of the Works Committee Meeting held on 25 October 2016 be confirmed. Matters Arising from the Minutes Nil Finance Committee Meeting 25 October 2016 ATTACHED is the Minutes of the Finance Committee Meeting held on 25 October 2016 Recommendation: That the Minutes of the Finance Committee Meeting held on 25 October 2016 be confirmed. Matters Arising from the Minutes Nil Extraordinary Council Meeting 4 November 2016 ATTACHED is the Minutes of the Extraordinary Council Meeting held on 4 November 2016 Recommendation: That the Minutes of the Extraordinary Council Meeting held on 4 November 2016 be confirmed. Matters Arising from the Minutes Nil

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9. MAYORAL MINUTE AND REPORT

09.01 MAYORAL MINUTE AND REPORT

File No: Governance/Meetings/Ordinary Author: Mayor Kathy Sajowitz & Deputy Mayor Kerry Gibbons

Summary This report summaries the main activity for the Mayor since the last report.

Recommendation: That Report Item 09.01 is received as information.

Comment A. Meetings

18 Oct Ordinary Council Meeting (apology submitted)

25 Oct Finance Committee Meeting

25 Oct Works Committee Meeting

26 Oct Australia Day Working Party Meeting

1 Nov Oberon Youth Council Meeting

3 Nov Meet with councils legal representatives

4 Nov Country Mayors Association Meeting

4 Nov Extraordinary Council Meeting (apology submitted)

7 Nov Oberon Council, Jenolan Caves & Mayfield Garden workshop

8 Nov Oberon Tennis Centre representatives to sign Tennis Centre lease

8 Nov Councillor Informal Briefing Session

9 Nov Meeting with Oberon Anti-amalgamation Committee

9 Nov Australia Day Working Party Meeting

B. Representation

16 – 18 Oct Local Government NSW Annual Conference (attended by Clr Gibbons)

20 Oct Rural Fire Service Cadet Graduation Ceremony, Portland

22 Oct Oberon United Soccer Club Annual Presentation

29 Oct Mayfield Garden Spring Festival Philharmonic Concert

4 Nov Oberon Youth Council “Halloween Disco”

C. Correspondence 7 Oct Local Government NSW advising of the services provided to support new and returning

Councillors.

10 Oct Rotary District 9700 invitation to be part of the next 50 years of Rotary in Oberon.

14 Oct John Hebblewhite advising that the Skoda and Tatra Museum has forwarded a submission to Oberon Council on the proposed public not for profit museum.

16 Oct Oberon U3A seeking a MOU with Oberon Council.

17 Oct Invitation to attend the Black Springs Public School Annual Presentation Night being held on 1 December 2016.

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17 Oct Invitation to attend the Oberon United Football Club Junior Presentation Day being held on 22 October 2016.

18 Oct Correspondence forwarded to the Hon Adrian Piccoli MP, Minister for Education regarding Burraga School.

18 Oct Correspondence forwarded to the Hon Paul Toole MP providing a copy of correspondence to the Hon Adrian Piccoli MP seeking assistance to facilitate a meeting with the Minister for Education.

19 Oct Invitation to support the Free National Asbestos Awareness Month Campaign being held in November 2016.

20 Oct Local Government NSW advising the long anticipated Crown Land Management Bill was introduced into the NSW Parliament on 19 October 2016.

24 Oct Correspondence forwarded to the Hon Paul Toole MP seeking a date to meet with Oberon Council following a commitment made at the Local Government NSW Annual Conference.

24 Oct Invitation to attend the NSW/ACT Regional Achievement and Community Awards Gala Presentation Dinner being held on Friday 11 November 2016.

25 Oct Mr Bob Mills regarding the removal of trees in the Oberon LGA.

25 Oct Correspondence forwarded to the Premier, the Hon Mike Baird seeking a meeting with Council to discuss amalgamation issues following a commitment provided at the Local Government NSW Annual conference to meet with some affected Councils.

26 Oct Mayor of Mosman, Clr Peter Abelson providing an update regarding Council invitations to meet with the Premier regarding forced amalgamation.

28 Oct Invitation to attend the Charles Sturt University Bathurst Campus Graduation Ceremony being held on 15 & 16 December.

31 Oct Office of the Premier advising the Premier is unable to accept the invitation to meet with Oberon Council.

1 Nov Invitation to attend the Oberon Business Awards Dinner being held on 25 November.

1 Nov The Hon Paul Toole MP advising he will follow up councils request to meet with the Minister for Education and provide a response.

7 Nov Invitation to attend the Local Government NSW President Christmas Reception in Sydney on Thursday 1 December.

7 Nov Invitation to attend the Oberon High School end of year performance “Audacious 80’s” being held on 6 December 2016.

Notes:

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10. NOTICES OF MOTIONS

10.01 NOTICE OF MOTION – CHANGE OF URBAN AREA POLICY FOR PROVISION OF ELECTRICITY

File No: Land Use and Planning/Planning/Development Control Plans Author: Clr Clive McCarthy

Summary Seeking amendment to Council’s Urban Area Policy.

Motion That Oberon Council change clause B.12.8 Electricity Supply of its Urban Area Policy to require standard electricity be connected to each allotment.

Commentary A copy of the current clause B12.8 Electricity Supply in Oberon Council’s Development Control Plan FOLLOWS.

Notes:

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11. COUNCILLOR AND DELEGATES REPORTS

11.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING

File No: Economic Dev/OBTA Author: Clr Sam Lord

Summary Councillor Sam Lord, Deputy Mayor Kerry Gibbons and Acting General Manager, Gary Wallace attended the last meeting of the Oberon Business and Tourism Association held on 12 October 2016 at the Oberon Golf Club.

Recommendation That report item 11.01 is received as information.

Comment A copy of the minutes of meeting held on 12 October 2016 FOLLOW for Councils information. Deputy Mayor Kerry Gibbons spoke on the decision to move forward with the intention to appeal, to continue Council’s stand against forced amalgamation. Business Awards, nominations close on 14 November. Online voting has been good with 182 nominations received. The Oberon Review has been running updates of events and upcoming promotions. It is hoped many businesses will come on board and encourage all to participate. The Awards evening will be held at the Oberon RSL on Friday 25 November, tickets will be $45 per person. Photo Competition is at the end of its winter stage with over 60 entries. Judges are Lynne Causer and Paul Ferry. The wining photos can be viewed on the face book page and also at the Visitor Information centre. OBTA has 53 paid members to date and hope that number grows. Next meeting will be the Annual General Meeting being held on Wednesday 16 November, 6pm at the Oberon Golf Club. This will be a dinner meeting $25 per person.

Notes:

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MINUTES OF MEETING OF OBERON BUSINESS AND TOURISM ASSOCIATION HELD ON 12TH

OCTOBER 2016 AT OBERON OLF CLUB

Meeting declared open: Vice-President Don Capel declared meeting opened at 6.10pm and

welcomed members and guests Acting General Manager Gary Wallace, Deputy Mayor Kerry

Gibbons, Cr Sam Lord and Colin and Lorraine Foran from Waldara.

Present: Deputy Mayor Kerry Gibbons, Acting General Manager Gary Wallace, Councillor Sam Lord

,Don Capel, Jenn Capel, Sean Mooney, Mary David, Lorraine Foran, Colin Foran, Christine Cameron-

Johns, Emma Clayton, Helen Lowe, Craig Gibbons, Donna Russo, Bruce Amery, Marian Lentfer,

Rhondda Pearce.

Apologise: Tim Charge, Fran Charge, Mayor Kathy Sajowitz, Col Roberts, Sue Roberts, Ian Redpath,

Brenda Lyon, Brian Harman, Sandy Harman, Tony Robertson, Deidre Robertson, Brian Dellow.

Minutes of Previous Meeting: Jenn Capel moved that the minutes of meeting held on 14th

September 2016 be accepted with the change of wording “Own Town” to “Our Town” regarding

Photographic Competition. Seconded Helen Lowe. Carried.

Business Arising: Don Capel asked the meeting if everyone was receiving and reading the minutes.

There was the occasional problem of opening attachments but otherwise members were receiving

minutes and emails.

Correspondence:

In – Oberon Council re donation and sponsorship of The Oberon Business Awards to the value of

$500. Rhondda Pearce thanked Oberon Council for their support of this event. Oberon Public School

letter requesting donation towards their Presentation Evening on 12 December. Rhondda Pearce

asked that, as in previous years, approval be given to make payment of these school requests as they

are received. The schools involved are Oberon Primary, Oberon High, St Josephs, Black Springs,

Hampton and O’Connell. Don Capel asked that discussion take place regarding the various requests

from schools for end of year presentation donations and suggested the Committee look at this

process and await for all requests to be received prior to decision to donate. Donna Russo along

with other members suggest that this is an important part of supporting the community and should

be continued.

Out – OBTA newsletter via email, Letter to Oberon Review re Notice of AGM, Email to Members

regarding AGM, Email Minutes of September meeting, Various letters to Oberon businesses

requesting support for Oberon Business Awards.

Moved Rhondda Pearce that correspondence be accepted, seconded Jenn Capel. Carried.

Oberon Council Report: Deputy Mayor Kerry Gibbons and Acting General Manager Gary Wallace

reported on the status of the amalgamation court case and appeal process. Council held an

extraordinary meeting on Tuesday night, 11th October, to address the next stage of the

amalgamation appeal. Council has been closely watching the Woollahra Council appeal process to

assist in determining the direction Oberon Council will go with continuing their appeal process. This

Friday 14th will be decision day. There have been 7 points of contention made in court proceedings.

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Three directly related to Oberon. Four other points are to be appealed. Seven other Councils are

looking at appeal by process. Council are continually sourcing legal opinion, cost of appeal and the

mechanism involved to enable a decision whether to appeal or not. Oberon Council motion at the

extraordinary meeting on Tuesday night “ providing information regarding current legal proceedings

and requesting Council’s consideration of possible appeal against the findings of the Land &

Environment Court in relation to the forced amalgamation of Oberon Council with Bathurst Regional

Council” is that:

1. Council reaffirm its position to lodge a Notice of Intention to Lodge and Appeal against the

judgement brought down in the Land & Environment Court on 7 October 2016 and seek

agreement from the State Government not to take any further action prior to the Woollahra

appeal determination, or for seven (7) days thereafter.

2. Council seek an injunction, or interlocutory orders, to stay any action should the State

Government not agree to an undertaking as requested in 1 above.

3. Should the State Government not agree to give an undertaking as requested in 1 above

Council should consider lodging a formal appeal subject to further advice from its Counsel

and consideration of Council at its earliest convenience.

4. Delegation be issued to the Acting General Manager and the Mayor or Deputy Mayor to sign

any documentation required in relation to the above matters.

5. Should the Council determine to proceed, resolve that the expenditure is required and

warranted in accordance with the guidelines under Section 23A of the Local Government Act

to enable the legitimate exercise of legal rights of review or appeal.”

The meeting thanked Gary Wallace and Kerry Gibbons for their report and attendance.

Treasurer’s Report: Mary David reported that there are 53 paid up members. There is a balance of

$33,782.74 as at 8/9/16 and $41,623.63 in Term Deposit. Helen Lowe advised that the Shop Local

account is sitting at just over $16,000 unclaimed. November/December is the busy redemption

period. The Shop Local Voucher program has been going since 2006 and over $400,000 has been

redeemed during that time. The vouchers can only be redeemed/spent within businesses in the

2787 postcode ensuring all monies are spent within the Oberon community. Mary David moved that

this report be accepted. Seconded Helen Lowe. Carried.

Oberon Business Awards Report: Emma Clayton reported that the process is moving along in

accordance with the schedule. There have been 182 online responses to date and Emma will be

doing another pick of nominations from business outlets this week. Nominations close this Friday

14th October. Questionnaires will be sent to nominees on Monday and these will then be sent to the

Business Chamber to start the judging process. A guest speaker has been sought with no

confirmation as yet. The donation by the Business Chamber is going directly to advertising in the

form of 2 advertisements by OBTA in Oberon Review. Presentation night dinner will be $45 per head

and all members and business owners are encouraged to form a table for the night. The OBTA

committee meet with Emma each week to assist in coordinating this event. Don Capel thanked

Emma for her report and her hard work.

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Visitor Information Report: Rhondda Pearce presented report of behalf of the VIC (copy attached).

Visitors for September were 1167 (49 international/1118 domestic). Four top requests were for

Fossicking, Accommodation, Mayfield Gardens, Tablelands Way. Accommodation Enquiries for

September were 144 and 46 for camping.

IT Report: Jenn Capel reported that the Winter Competition culminated at end of September and

the Spring Competition is underway. There were 60 entries with lots of snow photos. The winter

competition is to be judged by Lynne Causer and Paul Ferry and winners will be displayed at the VIC.

The youth competition age has been extended to 8-16 years of age to encourage more youth

involvement. Experienceoberon website is going well and Jenn Capel asked that as many people

possible should “like” posts and “Share”. Jenn Capel moved that her report be accepted. Seconded

Mary David. Carried.

Vice-President’s Report: Don Capel advised that now that Oberon Council has signed off on their

“Tourism Strategy”, the MOU (Memorandum of Understanding) between Oberon Council and OBTA

should be finalised within the next few weeks. The MOU would be valid for 4 years. Helen Lowe

moved that OBTA President and Vice-President be given authority to sign off on the MOU after a

meeting of the Committee. Seconded Emma Clayton. Carried.

Don Capel advised that he has had discussion with our web adviser regarding setting up a Google

Map dot location for paid up accommodation members to be a part of the OBTA website. This will

give visitors and potential guests a better idea of location and distance of each accommodation

provider in relation to Oberon.

Don Capel spoke regarding the future of OBTA should amalgamation with Bathurst go ahead. Don

feels that it is time to look at building a relationship with Bathurst to garner support for Oberon in

the future as if amalgamation is to proceed it may happen very quickly. Donna Russo suggested that

the fight is not personal but rather a structure or process battle and hoped that there would be

solidarity in the future.

Donna Russo moved that Don Capel’s Report accepted. Seconded Mary David. Carried.

General Business: Discussion on membership took place. Memberships were due on 1st July with

only 53 paid up at this stage. It was generally felt that a membership drive be undertaken on a meet

and greet basis. It was agreed that Rhondda Pearce send a short succinct email looking for payment

of memberships prior the AGM to enable nomination and voting rights.

Christine Cameron-Johns asked that OBTA assist in notifying members of upcoming events coming to

Oberon eg Car Clubs, Bike Clubs,groups and clubs of all types in order to use this information to

assist their guests in what to do during their stay. Christine at Melaleuca is successfully self-

promoting to her patrons and would like to offer her guests as much information on activities in

Oberon as possible. Christine asked that OBTA look at how they may help in this area. President has

noted that this information should be available through the Visitor and Information Centre. Don

Capel took the opportunity to thank Christine for donation of accommodation at Melaleuca to the

prize winner of OBTA Country Living Expo in Sydney raffle recently. The winners have confirmed

their booking at Melaleuca and are bringing additional paying guests.

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Don Capel welcomed and introduced Lorraine and Colin Foran from “Waldara”. “Waldara” is a

wonderfully presented privately owned property at Edith that is offered as a wedding venue. The

working farm offers two homesteads for accommodation of up to 10 people. “Waldara” is booked

every weekend through to Christmas and far into 2017. They provide a bus pick up and drop off

service to and from Oberon to cater for the guests who stay around Oberon. Most of the bookings

come from Sydney. Lorraine invited members to come and have a look. Wednesdays are the best

days for them. Jenn Capel to pass on this offer via the newsletter.

Next Meeting: The next meeting will be the Annual General Meeting followed by a General

Meeting. This is to be held on Wednesday 16th November 2016 at 6.00pm at the Oberon Golf Club.

The meetings will be followed by dinner at the Golf Club. An email notice will be sent over the next

week or so. All members and friends of OBTA are invited to attend and an RSVP will be required for

those attending the dinner afterwards. All positions on the Committee will be vacated on the night

and nominations are invited for the positions of President, Vice-President, Treasurer and Secretary.

Please consider standing for a position and supporting the Oberon Comunity.

Close of Meeting: Don Capel closed the meeting at 7.30pm and thanked those present for

attendance.

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The Oberon Business & Tourism Association Inc ABN 31 896 674 625

TREASURER'S REPORT: RECEIPTS AND PAYMENTS OCTOBER 8 2016

YTD 2015/16

BANK BALANCE 8/9/16 $33,716.15

Plus RECEIPTS C/F 26,776.15$

Memberships $580.00 $7,240.00 53

580.00$ 34,016.15$

*******

Minus PAYMENTS Cq No

D Capel 28 373.60$ 373.60$

Fairfax Media - Country Expo 29 513.41$ 513.41$

887.01$ 887.01$

*******

BANK RECONCILIATION 08/10/2016

Balance as per bank statement 8/10/16 $33,716.15

Plus income 580.00$

34,296.15$

Balance in cash book 34,296.15$

Less presented cheques 513.41$

Less Unpresented Cheques 373.60-$

33,782.74$ as per bank statement

8/10/2016

*******

Working Account 33,782.74$

OPTA Term Deposit CBA 2632 50027083 7,840.89$ Re-invested 27/11/15

41,623.63$

Oberon Business Association 14,000.00$ 14/09/2016

(Shop Local Vouchers)

Mary David - Treasurer

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11.02 UPPER MACQAURIE COUNTY COUNCIL

File No: Environmental Management/Meetings/Upper Macquarie County Council Author: Clr John Morgan

Summary Councillors John Morgan and Neil Francis attended the last meeting of the Upper Macquarie County Council held on 4 November 2016 as did the new Mayor of Lithgow representing his Council for the first time.

Recommendation That report item 11.02 is received as information.

Comment No councillors from Bathurst were in attendance. Cr Braddon from Blayney was returned as Chair. Cr Thompson from Lithgow was elected Deputy. The surprise retirement of the chief weeds officer Laurie Wardell was announced effective during November. A shortage of inspectors exists where temps are being interviewed due to the restrictions that apply due to pending council amalgamations. Aerial spraying contract has been let and a commencement date during November has been set. A considerable amount of administration work is being performed during the current unfavourable weed control weather conditions. The request raised by Oberon's Works and Engineering Director was discussed regarding control of serrated tussock in the area around Oberon Dam. A response was requested from the Chief Weeds Officer. The remuneration arrangements for Brian Dwyer were revealed. Brian has been very involved in documenting procedures and governance matters. The Acting General Manager again refused to accept any form of remuneration or bonus payment for his considerable input, preferring instead to put his potential income to the purchase of winches for field vehicles. The meeting was cohesive and forward looking.

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11.03 COUNTRY MAYORS ASSOCIATION OF NSW MEETING

File No: Govt Relations/Local & Regional Liaison/Country Mayors Association of NSW Author: Mayor Kathy Sajowitz

Summary Acting General Manager, Gary Wallace and I attended the Country Mayors Association of NSW Meeting held at NSW Parliament House, Macquarie Street on 4 November 2016. Apart from the obvious benefits of networking and raising the profile of Oberon Council, the content was interesting and both representatives had the opportunity to vote on the makeup of the association for the next twelve months.

Recommendation: That delegate’s report item 11.03 is received as information.

Election of new Executives and Committee: Chair – Mayor Katrina Humphries Moree Pains Council Deputy Chair – Mayor Michael Pierce Uralla Council Representatives from - Albury, Inverell, Bega Valley, Narrabri, Tenterfield and Coonamble Councils were elected as committee members. It was decided membership few would remain unchanged for 2016/17. $562 per annum for councils with populations over 10,000 with a reduction of 20% for councils under 10,000. Financial reports were tabled and accepted. Speakers at the General Meeting that followed were: Mr Gary White, Director of Planning NSW representing Hon Rob Stokes who was unavailable and Mr Justin Bear, Bluemont Solutions P/L. Mr Gary White spoke of the planning vision for the future and the compilation of Regional Plans and their relevance, some of which have already been approved for the Hunter, Illawarra and Central Coast Regions. The next to be rolled out is Central West Orana. Mr White emphasised repeatedly the importance of Strategic Planning, evolutionary practices, innovation especially in the agricultural sector with emerging markets in Asia and the strengthening of Regional Centres such as Parkes, Orange and Lithgow. He also offered to visit as many regions as possible to assist with ongoing innovation and listen to specific issues affecting communities in the planning space. I will be advocating for a visit to our region through CENTROC. Comment - 15% of total growth predictions will be in Regional areas and jobs and infrastructure are required by 2036. Some discussion ensued around Strategic Plans the costs, time and resources associated with producing these documents. It was suggested maybe JO’s could be involved in the process. Mr Justin Bear presented an interesting range of options/solutions for flood mitigation and fire control. Basically sand bags are “out” and engineered barriers of various types are “in”. Whilst interesting I could see little benefit for the Oberon LGA. In General Business discussion took place in relation to the National Stronger Regions Funding. Many metro councils are presenting themselves, and are accepted as “regions” some subsequently being awarded project funding. The meeting agreed regions meant areas outside of cities and this was a misuse of the funding concept, it was agreed to engage with the relevant Minister for clarification and discussion. It was agreed to invite The Hon Fiona Nash as a speaker at the next meeting to be held Fri 10 March 2017.

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12. COMMITTEE REPORTS

12.01 OBERON YOUTH COUNCIL

File: Governance/Meetings/OYC Author: Lynette Safranek, Finance & Community Services Director

Summary Minutes of the Oberon Youth Council Meeting held on 1 November 2016 is submitted for Council’s information and consideration.

Recommendations: That Report 12.01 is provided for information.

Comment FOLLOWING is the Minutes of the Oberon Youth Council held on 1 November 2016. The following items were discussed at the Oberon Youth Council:

Support the Oberon Health Council with the NSW Health Town Challenge 2017. The OYC are happy to support the promotion of Water Stations and Healthy Lifestyle Program.

Halloween Disco – the disco was held on Friday 4 November. The 6-11 years session was a success with approximately 50 youth in attendance. They had a great time and even managed to get the parents/carers up for a dance at the end of the night. The 12-18 years session only had 12 youth in attendance.

Australia Day guessing competition. The OYC will create a jar of yellow and green lollies to raffle on the day.

The next meeting will be held on Tuesday 6 December 2016.

Notes:

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OBERON COUNCIL – OBERON YOUTH COUNCIL – 1 November 2016

Minutes of the Oberon Youth Council held on 1 November 2016

The Meeting was held on 1 November 2016 at the Council Chambers.

The Meeting commenced at 5.30pm.

ATTENDANCELydia Moore Youth MayorLisa Safranek Youth CouncillorKathy Beesley Community Services CoordinatorLynette Safranek Finance & Community Services DirectorKathy Sajowitz Oberon Council Mayor

APOLOGIESLucy Voerman Youth CouncillorKeely Armstrong Youth CouncillorLuke McFarlane Youth CouncillorNatahlia Stapleton Youth Councillor

1. APOLOGIES – see Attendance and Apologies above

2. COMMUNITY PRESENTATIONSElaine Boxer from the Oberon Health Council (OHC) gave a talk regarding obtaining theYouth Council’s support for the OHC NSW Healthy Town Challenge 2017 grant application.The OHC are looking to promote two areas:- “Finish with the Right Stuff” program support by the Sydney Swans and Opals. This will

be a promotion of the Water Stations to use water rather than sports drinks; and- Healthy Lifestyle Program which is supported by Northside Allied Health, promoting

exercise and eating.

The OYC are happy to support the OHC undertake a 10-12 week challenge, culminating inthe Community Fun Run/Walk as part of Youth Week and the Seniors Festival; and assistwith the promotion of the water stations where practical.

3. REPORTSa) Youth Mayor Update – Deferred to next meetingb) Community Services Coordinator Update – Deferred to next meetingc) Halloween Disco – Kathy will be at the RSL from 2pm. OYC members were asked to

come and help set up if they have any time between 2pm and 6pm.

4. GENERAL BUSINESS

Australia Day – The OYC are being asked by the Oberon Council Australia Day Committeeto do a lolly guessing competition as part of the Australia Day celebrations. They are lookingfor a jar of green and yellow lollies to sell tickets on the day. This will be discussed further atthe next meeting.

Next OYC Meeting – Lydia will ask the OYC members what/where they would like to go forthe December meeting. As it is the last meeting of the year, it was though that we couldmake it a dinner somewhere in Oberon.

5. NEXT MEETING DATE AND MEETING CLOSEThe next meeting will be held on Tuesday 6 December 2016.

The meeting closed at 7:25pm

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12.02 BLACK SPRINGS COMMUNITY HALL COMMITTEE

File: Governance/Meetings/Black Springs Community Hall Committee Author: Lynette Safranek, Finance & Community Services Director

Summary Minutes of the Black Springs Community Hall Committee held on 26 October 2016 are submitted for Council’s information.

Recommendations: That Report 12.02 is provided for information.

Comment FOLLOWING is the Minutes of the Black Springs Community Hall Committee held on 26 October 2016. No Council recommendations were canvased during the meeting, however ongoing actions will continue to progress. Items discussed at the meeting included:

Update on potential for an Ice Rink at Hall during 2017

Hall sign/noticeboard

Hall locks

Hall drainage.

The next meeting of the Committee will be held on Wednesday, 14 December 2016, at 6.30pm.

Notes:

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OBERON COUNCIL – BLACK SPRINGS COMMUNITY HALL COMMITTEE – 26 October 2016

Page 1 of 2

The Meeting was held on 26 October 2016 in the Black Springs Community Hall.

The Meeting commenced at 6.40pm

ATTENDANCEClr Kerry Gibbons Oberon Council Deputy MayorEddie Gibbons Community MemberRachael Maher Community MemberBrian Ross Community MemberKathy Beesley Community Services Coordinator

APOLOGIESMichelle Swaan Community MemberClr Neil Francis CouncillorGary Wallace Acting General ManagerChristine Healy Community MemberLynette Safranek Finance & Community Services Director

APOLOGIES – see Attendance and Apologies

DECLARATIONS OF INTEREST - Nil

WELCOME

BUSINESS ARISING FROM MINUTES· Nil

REPORTSa. Update Ice Skating Opportunity

There was a meeting held with Winter Magic Ice Skating representatives who advised that thecost would be $850.00 per week, which includes all equipment. The hall would need threephase electivity for the ice skating rink. There would be no charges for setting up the rink,however, yellow tongue flooring would be required (no need to nail down), and volunteers arerequired for all sessions.

The Committee discussed the possibility of having the ice skating rink at the Black SpringsCommunity Hall for approximately 6 months from April 2017.

b. Hall Sign/NoticeboardThe meeting was informed that Council is sourcing noticeboards for the whole of the OberonLGA. Council staff will be attending the Black Springs Progress Association meeting inNovember to discuss options. One suggestion is that the Black Springs board reserve one sidefor information regarding the Black Springs Progress Association.

c. Hall LocksDue to issues with the hall being used by unknown persons and leaving it in a disgracefulmanner, Council will arrange for the locks to be changed. It was discussed that a possible entrysite could be the external and internal pump doors as the locks are not working. It will besuggested that Council install new padlocks to eliminate entry from these points.

Some windows and emergency exit doors will also be r to eliminate unauthorised entry.

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OBERON COUNCIL – BLACK SPRINGS COMMUNITY HALL COMMITTEE – 26 October 2016

Page 2 of 2

d. Hall DrainageCouncillor Gibbons suggested Council provide a sealed path as wide as the entrance andinstall drains, could fix this problem. Councillor Gibbons would present a report to Council onthis matter.

GENERAL BUSINESS

If the Ice Skating Rink proceeds, it was suggested that the kitchen would need an upgrade toaccommodate the sale of food.

NEXT MEETING DATE AND MEETING CLOSE

The next meeting of the Black Springs Community Hall Committee will be held on 14 December2016, commencing at 6.30pm.

Meeting closed at 7.05pm

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13. REPORTS FOR DECISION

13.01 PROPOSED CROWN ROAD CLOSURES

File No: Roads/RCl/Perm Author: Chris Schumacher, Works and Engineering Director

Summary Council has received notification of the intent to close a number of Crown Roads within the Gingkin area.

Recommendation: That Council has no objection to the closure of these sections of Crown Road, File ref: CL/08666, provided that no properties are left without legal and practical access.

Comment FOLLOWING is a copy of the plan of the proposed closures. The NSW Department of Primary Industry (DPI), Lands has advertised the proposed closure in the Oberon Review on 17 November 2016 and letters have been sent to all affected adjoining landholders advising of the proposed closure and providing the opportunity for affected landholders to lodge an objection. Crown roads, sometimes known as crown paper roads, are roads which have never been dedicated, and are therefore not controlled or maintained by council. In most cases there is no physical carriageway, or if there is it is used only by the adjoining landowner as an internal track. It is usually the adjoining landowner who applies for any such closures. The location of the proposed closures have been checked. Council has no interest in these Crown road reserves, and will not be affected by their closure. If any nearby landowners believe they will be adversely affected, they have the opportunity to object directly to Department of Primary Industry, Lands.

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

Notes:

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13.02 BLACK SPRINGS ICE SKATING RINK

File No: Governance/Meetings/Black Springs Community Hall Committee & PR45-2 Author: Lynette Safranek, Finance & Community Services Director

Summary The Black Springs Community Hall Committee has been looking into requirements for a portable Ice Skating Rink at the Hall for the community to use. The Winter Magic Ice Skating and Tobogganing company recently had an ice rink in Orange and informal discussions have taken place to determine what would be required to have the same type of ice rink in Black Springs.

Recommendation: That Council

1. Gain the level of interest of the wider Oberon LGA community in using an ice rink if it was available, and

2. Bring a report back to Council in early 2017 regarding the costs involved in setting up and running an ice rink at the Black Springs Community Hall.

Comment At the August Black Springs Community Hall meeting, during a discussion on uses for the Community Hall, it was suggested that a portable ice rink, similar to the one in Orange, would be ideal for Black Springs and the Oberon LGA. Members of the Black Springs Community Hall and Black Springs Progress Association have had initial informal discussions with Winter Magic Ice Skating and Tobogganing owners regarding skating, how they set up ice rinks and where they could do it/have done it. The information obtained from Winter Ice Skating Magic, at this point in time, is as follows:

1. Electricity – needs to be upgraded to 3 phase, minimum 60 amps/phase

2. Water – two hoses required for a water supply for flooding/maintaining the rink surface

3. Base – the Black Springs Community Hall floor is fine but a layer of yellow-tongue subflooring on top of it would be ideal to provide a firmer, non-flexible surface

4. Size – any size could be done but something like 10-15 metres wide by 30 metres long would fit in the hall

5. Hire cost – Winter Magic fee would be $850 per week, including supply and installation of the rink, skates/sharpening equipment, and initial training for staff. The rink operating costs would be the same whether it was being used or not, as the chiller plant needs to run constantly to keep the ice frozen

6. Price to skate – $15 to $17 per person per session was suggested, with sessions 1.5 hours in length. Sydney rinks are charging $22 for 1.5 hours

7. Staffing – normally one person required for slower times and two or more at busy times (school holidays, weekends, evenings, special occasions, etc.).

The Black Springs Progress Association has obtained a quote for the installation of 3 phase power to the Hall. This is estimated to be approximately $10,600. The Progress Association have indicated that they would likely help out with this cost but won't commit to it until the ice rink is

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approved by Council, along with Council’s commitment to set up and running costs (including staffing) as Trustees of the Hall. It is anticipated that for this project to eventuate, Council will need to commit funds in the range of $40,000 to $50,000. Costs involved will include set up and dismantle of ice rink, electricity to run the ice rink 24 hours 7 days a week for a 3 month period, staff to be present when the ice rink is open, insurance premium, security patrols, and upgrade of kitchen facilities to enable community groups to provide snacks and drinks when open. It is suggested that the ice rink open from beginning of July to the end of October 2017, taking advantage of both the July and September school holidays. Opening hours would need to be carefully considered, not only for staffing ability and cost, but also when the rink would receive the most usage (such as Friday and Saturday evenings, and Saturday and Sunday day sessions). All the local schools would be approached to hold ice skating at the rink as part of the school sporting curriculum, thereby encouraging more use during the week. All the options would be investigated and presented to Council in a report to the February 2017 Council meeting for consideration. Below are pictures from recent ice rinks:

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

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13.03 YOUTH SUPPORT

File No: Governance/Meetings/Oberon Youth Council Author: Lynette Safranek, Finance & Community Services Director

Summary To seek Council support in a Youth Council initiative to assist in promoting Youth activity in culture, the arts or disabilities.

Recommendation: That Council provide up to $2,000 per year, as part of a dollar for dollar contribution towards its support of youth in Oberon.

Comment As part of Council’s Community Strategic Plan, Future Direction 1 – Our Community, Council has committed to providing “Healthy active community members” and “Young people prepared for and involved in community life”. At the Oberon Youth Council meeting in August 2016, the Youth Council voted to raise funds to support youth within the Oberon LGA, aged between 12 -25 years introduced a program to support two youth within the Oberon LGA, per year through funding raising. The OYC will hold two raffles per year, with all funds raised donated to the selected youth. The areas which the OYC will focus to select the youth will be in relation to culture, the arts or disabilities. The funds are to assist the nominated person achieve their potential in any area they wish, whether it be academic, cultural, employment, theatre and arts or to assist disabled Oberon youth who require help in any form. In 2016 Tyson Rice was the beneficiary of the OYC fundraising which supported him with travel when he attended a dance academy in Sydney. As part of Oberon Council’s Community Strategic Plan to provide cultural, educational and disability support to community members, it is requested that Council match dollar for dollar on funds raised by the Oberon Youth Council during 2017 for the purpose of helping Oberon Youth. It is considered that Council support this Youth Council initiative.

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

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13.04 DA 10.2016.39.1 SUBDIVISION INTO 3 LOTS (VOYTILLA - THE REEF RD)

File No: PR54-133 Author: Chris Schumacher, Works & Engineering Director

Summary Council is in receipt of Development Application 10.2016.39.1 proposed subdivision of lots 236 (DP757068) & Lot 279 (DP 720604) The Reef Road, Oberon. This report seeks Councils in principle support in obtaining legal access to a potential subdivision application across an existing Crown reserve.

Recommendation: That:

1. Council agree to ‘in principle’ support the application and approach the Department of Primary Industries (DPI) ‘Crown Lands’ seeking agreement to take ownership of the proposed access handle to facilitate the subdivision.

2. Should an application for subdivision be approved the applicant at their full cost pay for all survey, legal and construction costs inclusive of bitumen seal of the new access, subject of Councils requirements and the Department of Primary Industries agreement.

Comment Staff have been approached by a developer with a proposal to subdivide their existing land into three new allotments off the Reef Road. The new allotments will range in size from 2ha to 2.55ha. An issue has arisen whereby the land proposed to be subdivided is legally landlocked by an allotment of Crown Reserve to the western side of the new development. Under the current land holding arrangements the Crown Land does have an existing physical track formation currently providing for access to an existing dwelling in DP 757068. However, the existing track does not legally benefit the adjoining land holder and therefore requires the consent of Council to seek a way forward in agreeing to provide a future access handle by taking control of new road reserve for this to occur. With respect to access across the Crown Land from the Reef Road to the subject land the developers consultant Anthony Daintith has consulted with Crown Lands (Steve Pearson) regarding the matter. Following this consultation the owners/developers would like to see if Council would formally approach Crown Lands (in writing) indicating that Council wish to have an access there to provide the access to the property over the Crown Land and that Council would take control of the land (essentially a public road acquisition). Currently Crown lands have been notified of the application and have refused to support the application unless Council agrees to the acquisition request to create a new road within the existing Crown reserve. Only then would the DPI support the creation of the access. Therefore, unless Council supports the application and is willing to initiate this process the application could not proceed in its current form. It is suggested that should Council agree to pursue this new road reserve, then all costs associated with its formalisation legal, survey and construction costs are to be borne by the applicant.

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It must be stressed that Council in resolving to support the road access request still has the opportunity to assess the application lodged. This approval to undertake negotiations with Crown does not imply support or approval of the subdivision application. This process must proceed under a merits based assessment.

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

Notes:

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13.05 DEVELOPMENT APPLICATION 10.2016.74.1 – RETROSPECTIVE USE OF EXISTING SHED - 15 SCOTIA AVENUE, OBERON

File No: Property/PO49-15 Author: Health and Building Surveyor, Kerry Davison

Summary A Development Application has been received for the retrospective use of an existing shed at Lot 14, Section A DP 2364, being known as 15 Scotia Avenue, Oberon. The application for the shed is referred to Council for determination in accordance with Part H.3.10 of the Development Control Plan (DCP) 2001. Part H.3.10 of the DCP requires:

“In determining applications Council and/or delegated officers of Council, will consider all submissions before the application is determined.”

The applicant is also seeking a variation to the Development Control Plan (DCP), with particular reference to Part C.5.5 – “Building Height Plane”, Part C.5.11 – “Visual Amenity” and Part C.6.4 – “Carports and Garages, hence the requirement for Council consideration.

Recommendation: That:

1. Council resolve to vary Part C.5.5 – “Building Height Plane”, Part C.5.11 – “Visual Amenity” and Part C.6.4 – “Carports and Garages of its current DCP 2001; and

2. Council approve Development Application 10.2016.74.1 for the retrospective approval of a storage shed on Lot 14 Section A DP: 2364, being known as 15 Scotia Avenue, Oberon in accordance with the 79C Assessment and conditions contained within this report.

3. A division be called in accordance with Section 375A of The Local Government Act 1993.

Comment FOLLOWING is a copy of proposed plans, applicant statement, submissions report, associated Statement of Environmental Effects and 79C report including recommended conditions. DEVELOPMENT HISTORY: Development Application 10.2016.74.1 has been received for the retrospective use of the existing shed at 15 Scotia Avenue, Oberon, within the R1 General Residential Zone. Council staff became aware of the unauthorised structure on the land after an inspection of the property when contacted by a neighbour. Concerns raised related to uncontrolled surface water run off and the visual impact of the shed. A review of Councils records revealed that the existing shed was constructed without consent approximately three years ago. As a result of an investigation by Council staff the owners were contacted and requested to submit a development application for the retrospective use of the shed. Council also required the owners to install guttering to the shed and connect the roof water to the existing stormwater drainage system. These works have since been completed. The owners submitted with their development application with an engineering report from Calare Civil which detailed the sections of the shed to be rectified to ensure the building complies with Building Code of Australia and relevant Australian Standards.

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PROPOSED DEVELOPMENT: The development site: The site is located in Scotia Avenue in an established residential area. The use of the Development: The shed is used for the storage of vehicles associated to the residential use of the land. INDUSTRY BUFFER ZONE: The proposed development is within the noise buffer of the OTC. However, as the development is used for storage and not human habitation the provisions of Clause 6 of LEP 2103 have been considered, but do not apply. SECTION 79C ASSESSMENT: ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 In determining a Development Application, the consent authority is to take into consideration the following matters as are of relevance in the assessment of the development application. PERMISSIBILITY: The Land is Zoned R1; a shed is permissible with Development Consent. The zone table and objectives are as follows:

Zone R1 General Residential

1 Objectives of zone

• To provide for the housing needs of the community.

• To provide for a variety of housing types and densities.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Boarding houses; Business identification signs; Child care centres; Community facilities; Dwelling houses; Group homes; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Water reticulation systems; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Amusement centres; Animal boarding or training establishments; Backpackers’ accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Entertainment facilities; Environmental facilities; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Function centres; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor);

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Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Research stations; Restricted premises; Rural industries; Rural workers’ dwellings; Service stations; Sewage treatment plants; Sex services premises; Signage; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Water supply systems; Wharf or boating facilities; Wholesale supplies

The proposed development is a shed ancillary to an existing residential dwelling and is defined as an ancillary outbuilding which is permissible within the residential zone. 6.4 Essential services Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage,

(d) stormwater drainage or on-site conservation,

(e) suitable vehicular access. The development is adequately serviced. POLICY IMPLICATIONS (OTHER THAN DCP’s) - Nil. FINANCIAL IMPLICATIONS (e.g. Section 94) Section 94 contributions are not applicable to this development. PLANNING FOR BUSHFIRE PROTECTION 2006: The lot is not identified as being bushfire prone. LEGAL IMPLICATIONS: Any Environmental Planning Instrument No Regional Environmental Plans are applicable to the proposed development. No SEPP’s and LEP are applicable. Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority: There are no draft environmental planning instruments that have been publicly exhibited and applicable to the development site. Any Development Control Plan: Councils DCP 2001 apply to the proposed development. The shed is non-compliant in the following areas of the DCP and as such a variation to DCP 2001 is sort in relation to Part C.5.5, Part C.5.11 and Part C 6.4. Part C.5.5 – “Building Height Plane” associated to Residential Development requires:

“Residential development will not significantly: a) Increase the overshadowing of adjoining properties; b) Reduce the level of privacy enjoyed by adjoining properties; or c) Affect the amenity of the Rural village Obstruct views from adjacent existing buildings, and that the occupants of the building or buildings will enjoy the optimum use of winter sunlight

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The proposed shed is located 1.2m from the rear boundary and 1.1m from the western boundary. The Building Height Plane variation is 24% with the impact minimal as the overshadowing will only impede the adjoining western neighbours shed in the morning. Staff do not consider that the shed in its current form will reduce the level of privacy as the structure is utilised for storage only. There are no windows in the shed. Whilst the height of the shed is significant, especially when viewed from the northern elevation, this is due to the adjoining property being significantly lower than that of the property subject of the development application. There are a number of large rural type sheds within close proximity of the development site of varying size, construction standards and configuration. It is of the opinion of staff that the ongoing use of the shed will not reduce the optimum use of winter sunlight for adjoining properties. In respect to the visual amenity and the potential impact from the existing development Part C5.11 – “Visual Amenity” associated to Residential Development requires:

Site, buildings and landscaping design shall address the climate;

The street face of a building, and any open space between it and the street, should contribute to the general attractiveness of the streetscape by means of good design, appropriate materials and effective landscaping;

There should be a reasonable degree of integration with the existing built and natural environment, balanced with the need to provide a variety of landscapes;

Long straight wall areas will be discouraged and should be broken up visually by a combination of building materials or changes in the wall plane;

Appropriately designed overhanging eaves should be provided to allow winter sun penetration (Maximum 250 mm is recommended for the northern walls, and minimum of 450mm for the eastern, western and Southern walls – NB. Northern Verandas should be discouraged as they obstruct the sun from entering the house in winter) ;

No roof should have a highly reflective surface; any metal roof shall be baked enamel finish in an earth tone colour which compliments the visual amenity of the area;

Details of wall colours and type shall be stated at the time of submitting the development application. Earth tone colours considered appropriate are green, gold, autumn reds or beige.

The existing shed is located at the rear of the lot and is partially obscured by the existing dwelling and garage at the Scotia Avenue street frontage. The shed is constructed of galvanised sheeting; it is not highly reflective, with many sheds with in the vicinity being constructed of the same material. It is recommended as a condition of consent the shed is to be painted in an earth tone to comply with the requirements of Part 5.10 of the DCP. However, the lack of ongoing maintenance will detract from the desired effect of painting. Conditions of consent requiring maintenance would minimise this concern. The existing shed has a height of 4.4m which does not exceed the maximum building height of 5.5 metres. Part C.6.4 -“Carports and Garages” associated to Residential Development requires:

“The maximum total floor area of garages and/or carports is to be 60m2.”

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The proposed development is a shed with a floor area of 77m2. The property has an existing garage with a floor area of 35m2. The 52m2 non-compliance with the floor area limitation imposed by DCP represents an 86% variance. The applicants have indicated a shed of this size is required for the parking of vehicles and a boat which is not uncommon within the General Residential Zone. The shed is located at the rear of the 1163 square metre lot and the potential impacts on the size of the shed and garage on the adjoining land owners have been considered to be minimal. Policy 3128 Unauthorised Development Works and Other Activities: The Policy has been prepared so that Council can be guided by adopted objectives and guidelines when determining the appropriate response in case of unauthorised development and other activities. In this regard Council must consider three tests, being:

is the unauthorised development a form of development or activity that, ‘but for’ the failure to make application for a development consent or an activity approval, would likely have been granted such consent or approval subject to appropriate conditions.

Council must also consider if the unauthorised development is likely to cause a significant environmental impact, including impacts on the natural and the built environment? The application of this test requires a determination of the fact of any environmental impact and an assessment of the degree of that impact.

Is the unauthorised development likely to lead to injury and/or to create a public liability? In this case it is considered that the development would pass each test, subject to compliance with the development consent, should it be supported. Any planning agreement that has been entered into under Section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F? Nil Any matters prescribed by the regulations that apply to the land: A Development Application has been submitted for the retrospective approval of the shed only. A Building Certificate will be required to be submitted as a condition of development consent. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality: The design and location of the proposed development is an important consideration in relation to the determination of this development, in particular visual impact. As the development is existing Council must consider if the proposed development warrants demolition or can the structure remain on site subject to appropriate rectification such as painting and structural works. With the implementation of the attached conditions, the proposed development is considered suitable for the site and it is important to note that Part C.5.5, Part C.5.10 and Part C.6.4 has been varied by Council in the past on a significant number of occasions. The Suitability of the site for the development: The site is considered to be suitable for the development. The development is permissible in the zone and is consistent with the aims and objectives of the R1 General Residential Zone within the current Oberon Local Environmental Plan 2013. There are no human of natural hazards that would consider the proposal to not be considered. As such the application is considered to be suitable for the site subject to compliance with conditions of development consent.

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Any submissions made in accordance with this Act or the Regulations: During the assessment process the proposed development has been notified to the adjoining and adjacent land owners, and in response to the notification process three (3) submissions were received throughout the process of assessing this application. The development was neighbour notified from 29 September 2016 to 17 October 2016. All adjoining and adjacent landowners were notified of the proposal, provided copies of the plans and supporting documentation and given the opportunity to make a written submission. Three (3) written submissions were received in response. A summary of the submissions are outlined below: SUMMARY OF ISSUES RAISED

Issue Council Comment

Shed built without consent Application has been lodged to gain consent

Shed constructed of galvanised sheeting. Clause 5.11 Visual Impact requires the roof not to be highly reflective and the walls to be an earth tone. The galvanised sheeting is not highly reflective and numerous sheds constructed of the same sheeting are closely situated to this shed.

Size of sheeting used, timber fascia rotting, multiple short lengths and colours of guttering, ridge capping rusted, snow loading and building incomplete.

Engineering details have been submitted in conjunction with the application detailing the works to be completed to ensure the building will comply with the Building Code of Australia and relevant Australian Standards.

Lean to at side of shed not on plans. The applicant has indicated the side lean to will be removed and are not seeking approval for this part of shed.

Devaluation of neighbouring properties. The shed was constructed over three years ago and the devaluation of neighbouring properties is not a consideration under the Oberon LEP or DCP.

The height of the shed. The existing shed does not exceed the 5.5m building height in accordance with DCP Clause C5.3

The existing shed does exceed the building height plane by 24% in accordance with DCP Clause C5.5, however the shed is located on the Northern side of the lot and the only overshadowing would be primarily to the neighbouring Western lots shed in the morning.

The neighbours privacy would not be impacted as the only openings from the building are the garage doors which face towards Scotia Avenue.

Obstruction of views would only impact the rear view of the dwelling at 10 Herborn Street, Oberon, which is cut in below 15 Scotia Avenue.

Roof water runoff The applicant has attached guttering to the shed and which is connected to the existing dwelling stormwater system.

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The majority of these issues have been specifically addressed in the body of this report. The applicant was advised in writing that it had received submissions objecting to the proposal and was supplied with a comprehensive summary of the submissions for their information. THE PUBLIC INTEREST: The proposal seeks the retrospective approval of an unauthorised building that is considered permissible within the R1 zone. Apart from those mentioned above and the proposed variation to the DCP no other public interest impacts are perceived. DISCUSSION AND CONCLUSIONS: The proposed development meets the objectives of the zone, is a permissible land use, (consistent with the objects of the Environmental Planning and Assessment Act 1979). A wide range of impacts have been identified in the assessment of the application and, where appropriate, suitable mitigating measures have been identified, through recommended consent conditions. In considering all relevant matters under Section 79C of the Environmental Planning and Assessment Act 1979, the proposed development would be suitable for the subject site and approval of the application would be in the public interest. Approval of the development is recommended subject to conditions provided. RECOMMENDED CONDITION OF CONSENT The application is recommended for approval subject to the following conditions: Approved Plans 1. The development is to be carried out generally in accordance with the approved stamped

plans prepared by Calare Civil dated 1 September 2016 except as otherwise provided by the conditions of this determination. (Note: - modifications to the approved plans will require the lodgement and consideration by Council of a modification pursuant to Section 96 of the Environmental Planning and Assessment Act).

Reason: - To confirm and clarify the terms of Council’s approval. Building Certificate 2. The applicant is to obtain a Building Certificate from Council pursuant to Section 149A of the

Environmental Planning and Assessment Act 1979, as amended. Reason: - Because it is in the public interest that a Building Certificate be issued for this development. Hours of Work 3. Building works involving the use of electric or pneumatic tools or other noisy operations shall

be carried out only between 7.00 am and 8.00 pm on weekdays and between 8.00 am to 8.00 pm Saturdays. No work shall be undertaken on Sundays and Public Holidays.

Reason: - To ensure building works do not cause noise nuisance to surrounding premises after hours and on Sundays and public holidays.

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Additional works to be undertaken prior to the issue of a Building Certificate 4. Additional works will be required to be undertaken to ensure the construction and fit out of

the shed complies with the requirements of the Building Code of Australia and that the shed is suitable for occupation, these works include:

The lean-to attached to the side of the shed is to be removed.

The additional structural rectification works as detailed in the Calare Civil report 20160696 are to be completed.

This is to be carried out within 3 months of this consent Reason:-To ensure the room complies with the requirements of the Building Code of Australia, and is suitable for occupation. Painting of shed 5. The roof and the walls of the shed are to painted and maintained in an earth tone colour.

The proposed colour is to be submitted and approved by Council prior to painting. This is to be carried out within 6 months of this consent

Reason: - To ensure compliance with the requirement of C5.11 Visual Impact of the Oberon Development Control Plan 2001. Stormwater disposal 6. Stormwater from the development is to be conveyed by approved drains to Councils

stormwater system. Reason: - To ensure the stormwater is disposed of to the satisfaction of Councils Building Surveyor. Copy of Approval On Site 7. A copy of the development consent and approved plans and specifications shall be kept on

site at all times. Reason: - To ensure a copy of the approval is available for builders/tradespersons on site. Builders Waste 8. All building rubbish, including that which can be wind blown, shall be suitably contained on

site, until disposed of at Council’s Solid Waste Disposal Depot. Reason: - To ensure the building site and surroundings are kept in a clean and tidy condition and to prevent a nuisance to surrounding premises. Building not to be adapted for another use 9. The building is to be used for a private shed associated to the residential use of the land only

and is not to be altered or adapted for another use without the prior consent of Council. Reason: - The building has only been approved for this use and other uses require a separate approval of Council.

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PRESCRIBED CONDITIONS OF CONSENT

The following conditions are known as “Prescribed Conditions” and are required by the Environmental Planning and Assessment Regulation 2000 to be imposed as part of any development consent whether or not they are relevant to the development approved under this consent. Please do not hesitate to contact staff in Council’s Development Department who will be happy to advise you as to whether or not the conditions are relevant to your consent.

1. All building work must be carried out in accordance with the requirements of the Building Code

of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).

Reason: - So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000. 2. In the case of residential building work for which the Home Building Act 1989 requires there to

be a contact of insurance in force in accordance with Part 6 of the Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

Reason: - So that the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulation 2000. 3. Residential building work within the meaning of the Home Building Act 1989 must not be

carried out unless the principal certifying authority for the development to which the work relates (not being the Council) has given the Council written notice of the following information: in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of the Act,

in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

Reason: - So that the development complies with the requirements imposed under Clause 98B of the Environmental Planning and Assessment Regulation 2000. 4. A sign must be erected in a prominent position on any site on which building work, subdivision

work or demolition work is being carried out: showing the name, address and telephone number of the principal certifying authority for

the work, and showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person may be contacted outside working hours, and stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work is being carried out and must be removed when the work has been completed. Note: This condition does not apply to building work that is carried out inside an existing building that does not affect the external walls of the building.

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Reason: - So that the development complies with the requirements imposed under Clause 98A of the Environmental Planning and Assessment Regulation 2000. 5. Any development that involves an excavation that extends below the level of the base of the

footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense: i. protect and support the adjoining premises from possible damage from the excavation, and ii. where necessary, underpin the adjoining premises to prevent any such damage.

NOTE: The condition referred to in sub clause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

Reason: - So that the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulation 2000.

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

Notes:

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13.06 DELEGATE TO OBERON HEALTH COUNCIL

File No: Public Health/Health Education Author: Gary Wallace Acting General Manager

Summary Council has received a request to nominate a delegate to serve on the Oberon Health Council.

Recommendation: That Councillor _____________ be appointed as delegate to the Oberon Health Council.

Comment The Oberon Health Council is appointed to act as a community advisory body to the Oberon Multipurpose Centre. The Health Council is appointed via NSW Health and delegates are required to go though an interview and assessment process to formalise the appointment. The Oberon Health Council members are appointed for a two year term and meet monthly, usually on a Thursday evening. Councillor John Morgan has been a member of the Oberon Health Council; however this appointment was a private arrangement, not via a Councillor Delegate appointment. Following his resignation from the position, the Oberon Health Council has requested Council to appoint a delegate to service on the Health Council.

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

Notes:

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13.07 REVIEW OF MODEL CODE OF CONDUCT AND PROCEDURES FOR THE ADMINISTRATION OF THE MODEL CODE OF CONDUCT

File No: Government Relations/Local and Regional Liaison/OLG Author: Gary Wallace Acting General Manager

Summary The Office of Local Government has issued Circular 16-42 providing information about the review of the Model Code of Conduct and procedures for the Administration of the Model Code of Conduct.

Recommendation: That Council receive and note the information and provide any information to be included in a submission to the Acting General Manager, Gary Wallace before 30 November 2016.

Comment The recent amendments to the Local Government Act 1993 will see the pecuniary interest provisions of the Act and the Local Government General Regulation 2005 incorporated into the Model Code of Conduct for Local Councils in NSW. Once commenced, these reforms will consolidate all ethical standards for council officials into a single statutory instrument. They will also mean that breaches of pecuniary interest obligations by councillors are treated as misconduct under the Act and will be subject to the three strikes misconduct rules. As part of the process of incorporating the pecuniary interest obligations in the Act and Regulation into the Model Code, the Office of Local Government (OLG) is undertaking an implementation review of the Model Code and the associated procedures for the Administration of the Model Code of conduct for Local Councils in NSW. The OLG is also undertaking a review of the requirements for the disclosure of interests by councillors and designated persons in returns of interests currently submitted under Section 449 of the Act. OLG is seeking assistance and suggestions for improvements from councils and conduct reviews in undertaking its review. In particular OLG are seeking suggestions for improvements in relation to the following:

The ethical standards prescribed under the Model Code

The operation of the Procedures

Requirements for the disclosure of interests by councillors and designated persons in returns of interests currently submitted under section 449 of the Act.

Councillors are requested to provide any feedback or suggestions to Acting General Manager, Gary Wallace prior to 30 November 2016 to allow a coordinated submission to be provided.

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

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13.08 ANNUAL REPORT 2015/16

File No: Government Relations/Local and Regional Liaison/OLG Author: Gary Wallace Acting General Manager

Summary As part of Council’s statutory obligations it is required to prepare an Annual Report. A copy of Council’s Annual Report for the year ended 30 June 2016 will be provided to Councillors at the Ordinary Council Meeting.

Recommendation: That the Annual Report for the year ended 30 June 2016 be received for information and the report be included on the Council’s website and forwarded to the Minister.

Comment Section 428 of the Local Government Act 1993 provides that:

1. Within 5 months after the end of each year, a council must prepare a report (its annual report) for that year reporting as to its achievements in implementing its delivery program and the effectiveness of the principal activities undertaken in achieving the objectives at which those principal activities are directed.

2. The annual report in the year in which an ordinary election of councillors is to be held must also report as to the council’s achievements in implementing the community strategic plan over the previous 4 years.

3. An annual report must be prepared in accordance with the guidelines under section 406.

4. An annual report must contain the following:

(a) A copy of the council’s audited financial reports prepared in accordance with the Local Government Code of Accounting Practice and Financial Reporting published by the Department, as in force from time to time,

(b) Such other information as the regulations or the guidelines under section 406 may require.

5. A copy of the council’s annual report must be posted on the council’s website and provided to the Minister and such other persons and bodies as the regulations may require. A copy of a council’s annual report may be provided to the Minister by notifying the Minister of the appropriate URL link to access the report on the council’s website.”

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

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13.09 DELEGATIONS OF AUTHORITY – ACTING GENERAL MANAGER

File No: Government Relations/Local and Regional Liaison/OLG Author: Gary Wallace Acting General Manager

Summary In accordance with Section 377 (1) of the Local Government Act Council may by resolution, delegate to the General Manager or any other person or body (not including another employee of the Council) any of the functions of the Council, other than those listed in that section.

Recommendation: That the Delegations to the Acting General Manager be endorsed as tabled by Council.

Comment At Councils October Ordinary Meeting Council resolved to engage Councils Planning & Development Director (Mr Gary Wallace) in the capacity of Acting General Manager. As part of that function Delegations of Authority are required to be set in place. FOLLOWING is the proposed Delegations of Authority proposed for the Acting General Manager. Section 377 (1) of the Local Government Act 1993 outlines the provisions by which Council can delegate functions of the Council to the General Manager. The relevant section of the Act is as follows:

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

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(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(1A) Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

(a) the financial assistance is part of a specified program, and (b) the program is included in the council’s draft operational plan for the year in which the

financial assistance is proposed to be given, and (c) the program’s proposed budget for that year does not exceed 5 per cent of the council’s

proposed income from the ordinary rates levied for that year, and (d) the program applies uniformly to all persons within the council’s area or to a significant

proportion of all the persons within the council’s area. (2) A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council. The delegations have not been altered from the previous General Manager’s delegation, which was reviewed and adopted by Council at its 17 April 2012 Ordinary Meeting.

Acting General Manager’s Comment Guidelines have been issued under Section 23A of the Local Government Act 1993 titled ‘Council Decision making During Merger Proposal Periods’. Council must consider the guideline in relation to each decision they make during the proposal period. This matter is considered to comply with the guidelines.

Notes:

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Delegation of Authority

Acting General Manager

Section 377 Local Government Act 1993 Oberon Council, pursuant to its powers under Section 377 Local Government Act 1993, hereby delegates to Gary Wallace, the employee of Council in whom Council has vested the functions of ACTING GENERAL MANAGER, the exercise of the powers, functions, duties and authorities contained in the Local Government Act 1993 and specified in Schedule 1 and Schedule 2, subject to the limitations specified in Schedule 3. This delegation shall commence on 21 September 2010 and remain in force until specifically altered or revoked in writing. SCHEDULE 1 LOCAL GOVERNMENT ACT 1993 CHAPTER 6 – SERVICE FUNCTIONS i) PART 2 – PUBLIC LAND

Section 54 – Issue of land classification certificates.

ii) PART 3 – RESTRAINTS & QUALIFICATIONS

Section 67 – Authority to approve of the carrying out of any lawful work on private land as provided by the Section and in accordance with the rates determined by Council.

CHAPTER 7 – REGULATORY FUNCTIONS i) PART 1 – APPROVALS

Section 68 – Approval of activities specified in the attached Table 1, except in so far as this Act, the regulations or a local policy adopted by Council shows the activity to be carried out without approval. This delegation does not apply to any activity specified in Part B of the table on land to which any of the following Acts apply –

Water Board Act 1987

Water Supply Authorities Act 1987

Section 82(3) – Concur in the making of a direction for the modification of the provisions of Clause 54 or Clause 55 of the Local Government (Approvals) Regulation, 1993, when determining an application for approval where the Acting General Manager is satisfied than an

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objection lodged with the Council under Section 82 (1) of the Local Government Act, 1993, to a Local Approvals Policy is well founded.

Section 94 – Determination of applications by granting approval, either unconditionally or subject to conditions, or by refusing approval.

Section 99 – Giving of notice to applicants of determination of applications.

Section 106 – Exercising Council’s power to amend an approval, in accordance with the procedures outlined in Section 106. Section 107 – Exercise Council’s powers to extend or review an approval.

Section 108/109 – Exercise Council’s powers to revoke or modify an approval in any of the following circumstances – a. If the approval was obtained by fraud, misrepresentation or concealment of facts; b. For any cause arising after the granting of the approval which, had it arisen before the

approval was granted, would have caused the Council not to have granted the approval (or not to have granted it in the same terms);

c. For any failure to comply with a requirement made by or under this Act relating to the subject of the approval;

d. For any failure to comply with a condition of the approval. ii) PART 2 – ORDERS

Section 124 – Order a person to do or refrain from doing a thing specified in Column 1 of the attached Table No 2 if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table.

Section 125 – Order a person responsible for a public nuisance to abate it.

iii) PART 4 – CERTIFICATES CONCERNING BUILDINGS

Section 172 – Determine an application for the issue of a building certificate by issuing or by refusing to issue a building certificate to the applicant.

CHAPTER 8 – ANCILLARY FUNCTIONS i) PART 1 – ACQUISITION OF LAND

Section 186/187 – Negotiate on Council’s behalf the acquisition of land for the purpose of exercising any of its functions, up to the stage of presenting offers to Council for determination.

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ii) PART 2 – ENTRY ON TO LAND AND OTHER POWERS

Sections 191/192 – Authorise Council employees (or other persons) to enter any premises for the purpose of enabling Council to exercise its functions.

CHAPTER 15 – COUNCIL FINANCES i) PART 3 – ORDINARY RATES

Section 514 – Determine and declare the categorization of land for purposes of ordinary rates.

ii) PART 7 – PAYMENT OF RATES AND CHARGES

Section 567 – Write off accrued interest on rates and charges payable by a person if, in his opinion – a. The person is unable to pay the accrued interest for reasons beyond the person’s

control; or b. Payment of the accrued interest would cause the person hardship.

iii) PART 13 – INVESTMENTS

Section 625 – Arrange the investment of money that is not, for the time being, required by Council for any other purpose. Money may be invested only – (a) In a form of investment notified by order of the Minister published in the Gazette.

Editorial note. See Gazettes No 152 of 24.11.2000, p 12041; No 94 of 29.7.2005, p 3977; No 97 of 15.8.2008, p 7638 and No 160 of 24.12.2008, p 13140.

(b) An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer.

(c) The acquisition, in accordance with section 358, of a controlling interest in a corporation

or an entity within the meaning of that section is not an investment for the purposes of this section.

(d) No overseas investments to be made unless hedged in accordance with Councils

resolution of 9 October 2007 (Resolution No. 38)

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Delegation of Authority

Acting General Manager

(e) No investments to be made which mature beyond 12 months of the term of each Council, in accordance with Councils resolution of 9 October 2007 (Resolution No. 38)

And in accordance with Council’s Investment Policy and any subsequent resolution of Council in relation to the investment of surplus funds.

SCHEDULE 2 The function of Council as specified in other Acts under which Council has powers, authorities, duties and functions. SCHEDULE 3 1. The function of delegation and sub-delegation by the Acting General Manager pursuant to

Section 378, Local Government Act 1993, shall be exercised in writing signed by the Acting General Manager.

2. Council may, by resolution, direct the Acting General Manager in the exercise of any function

herein delegated. 3. The Acting General Manager shall exercise the functions herein delegated in accordance with

and subject to –

i) The provisions of the Local Government Act 1993 and any other relevant legislation. ii) All and every policy of the Council adopted by resolution and current at the time of the

exercise of the function herein delegated. 4. Authorisation of Payments

Authority to issue orders for goods and services within the sums allocated and voted for by Council to a maximum individual order of $150,000.

Signature: __________________________________ Date: ______________________________ Gary Wallace, Acting General Manager Signature: __________________________________ Date: ______________________________ Kathy Sajowitz, Mayor

END OF DELEGATION

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14. REPORTS FOR INFORMATION

14.01 MONTHLY ACTIVITY REPORT – ACTING GENERAL MANAGER

File No: Governance/Meetings/Ordinary Author: Gary Wallace, Acting General Manager

Summary This report item summaries the main activity by the Acting General Manager since the October Council Meeting including Human Resources and Workplace Health & Safety, Executive Support matters, Community Activity, Regional Issues, Executive Management Team Meetings, planned activities and major work within the Planning & Development Department.

Recommendation: That report item 14.01 is received as information.

Commentary 1. PLANNED ACTIVITY FOR OCTOBER and NOVEMBER LEGAL ACTION – On 13 October 2016 the Crown Solicitors Office advised that an undertaking has been given by the Minister refraining from amalgamations until 7 days after the delivery of the Court of Appeal Judgement in the Woollahra appeal. On 3 November 2016 the Mayor and Acting General Manager met with its legal representatives to consider legal options available to Council. Peter King QC offered to provide a legal update in the near future that will then be provided to Council when considering the potential legal appeal. LAND SALES – Offers continue to be considered for the blocks of land in Edith Road and Councils Industrial Estate. Further work is being investigated as to a potential auction of the Hathaway building. A report will be provided to Council upon receipt of additional information in relation to potential costs estimated. Opportunities for the sale of land in the Industrial Subdivision continue with AGM fielding several queries in relation to the land. OBERON COMMON – Work is continuing on the implementation of projects from the Common Master Plan. Currently Stage 1 works are being undertaken with the construction of additional car parking and BBQ areas. Significant work continues to occur to re-establish the fountain and reticulation infrastructure in the ponds. RE START NSW – On 4 October 2016, Member for Bathurst, the Hon Paul Toole MP announced Oberon will receive $4.95 million in funding to upgrade the Oberon Sewerage Treatment Plant under the NSW Governments Regional Water and Waste Water Program. As Councillors are aware, this has been generated from our interest. A further report outlining requirements moving forward on this project will be tabled upon receipt of all information available. 2. ACTIONING COUNCIL DECISIONS Following each Council Meeting the General Manager and Directors review the decisions and agree on a priority for actioning these decisions. Each Director has been requested to provide an update in the Monthly Activity Report, as well as reporting on actions to the Acting General Manager.

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Minute Number Summary/Progress

15 December 2015 ORDINARY COUNCIL MEETING

03 151215 That Oberon Council subdivides land it owns in Curtis Street to have Hathaway and the Self Care Units on separate Allotments with a service road between to access to the rear of each lot.

- Application currently being prepared for lodgement Matter ongoing

21 June 2016 ORDINARY COUNCIL MEETING

23 210616 1. Give ‘in principle’ support the inclusion of Lots 6 & 7 section 63 DP 758805 in the land that currently forms the Reserve Trust for the Oberon Golf Club.

2. Write to the Department of Primary Industries – Crown Lands and the Minister indicating its support for the inclusion of the additional land.

3. Delegate to the Acting General Manager and Mayor all functions associated with the inclusion of these parcels into the Reserve Trust.

Met with Golf Club and Council Solicitor to discuss the options available. Consensus has been reached in formal application has now been made to Crown Lands for the execution of a licence for the land. The lease documentation is now with the Crown to finalise.

Matter ongoing

20 September 2016 ORDINARY COUNCIL MEETING

22 200916 Draft Oberon Tourism Strategy

1. Council note the submissions received in relation to the Draft Oberon Tourism Strategy.

2. The Draft Oberon Tourism Strategy (2016/17 – 2020/21) be endorsed by Council with all recommendations outlined in this report incorporated.

3. Council delegate authorisation to the Mayor and Acting General Manager to enter into a Memorandum of Understanding with the Oberon Business and Tourism Association in line with the Oberon Tourism Strategy over the next four years.

MOU will be progressed all other items finalised.

25 October 2016 FINANCE COMMITTEE MEETING

10 251016 Oberon U3A MOU

That Council delegate authorisation to the Mayor and Acting General Manager to enter into a Memorandum of Understanding with the Oberon U3A to recognise the current use of community facilities for the next four years. MOU being prepared for signature. Matter ongoing

With respect to outstanding actions from previous Council Meetings the Acting General Manager will review these with the Mayor and the Directors on at least a monthly basis. If any Councillor requires an update on a specific item they should contact the General Manager or the relevant Director, or submit a Councillor Request Form to the Executive Coordinator. 3. WORKPLACE HEALTH AND SAFETY AND HUMAN RESOURCES Includes information provided supplied by Human Resources Coordinator (HRC) and Work, Health and Safety Coordinator (WH&SC).

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WORKPLACE HEALTH AND SAFETY One incident was reported during October 2016. A swimming pool employee stretched a calf muscle while completing a functional assessment. No time was lost because of injury during this reporting period.

DAYS WITHOUT LOST TIME BECAUSE OF INJURY

Department/work area 30 Sept 2016 31 Oct 2016

Administration 522 553

Works 1 34

Library 574 605

OVIC 1424 1455

Workshop 1142 1173

Meetings /activities attended

Regular meetings with GM

12 Oct Meeting with Health & Building Manager to discuss risk management at the waste depot

13 Oct Inductions for RMS with Project Engineer

14 Oct Meeting with StateCover

20 Oct Meeting with AGM and StateCover to review the 2015/16 Workers Compensation and WHS Report

25 Oct Update SDS with WTP Operator

26 – 27 Oct Review pre-employment assessment reports for new Labourer, Assets Coordinator and Pool staff

31 Oct Completed Draft Safety Management Plan for Oberon Waste Depot

Upcoming meetings/events

Nov SWMS revision for WTP and WWTP

Implement Safety management Plan for Oberon Waste Depot

Complete ergonomic assessments for all workplaces

Inductions for new employees

Dec CENTROC WHS/RM Group meeting

Claims review with AGM and StateCover

Workers Compensation and WHS Annual Report The 2015/16 Workers Compensation & WHS report was presented to the AGM by StateCover’s Team Manager, Toni-Anne Lee. The report is designed to provide a snapshot of Council’s risk performance across a number of indicators and comparisons made with Council’s who have a comparable role (OLG Group) and the StateCover Group for 2015/16. The tables below show the results.

Group 2015/16 Average Premium Rate

Council 1.68%

OLG Group Average 3.35%

StateCover Group Average 2.24%

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Group Injuries reported within 48 hours

Council 100%

OLG Average 59.9%

StateCover Average 70.4%

Group Claim Cost ($)

Council $2,518

Employer OLG Group $9,747

StateCover $10,772

Group Average Audit Score

Council 86.6

OLG Group 77.7

Regional (Centroc) Group 79.6

StateCover 76.5

4. EXECUTIVE SUPPORT – MEETINGS & VISITOR INFORMATION CENTRE ACTIVITIES & MEETINGS Council Page in the Oberon Review was prepared each week during October with advertising and information. This included the Mayoral Column, Road Works updates and Library News. Articles included – Council Meetings October 2016, Australia Day Citizen Awards, Public Exhibition DA 10.2016.71.1 33 lot subdivision, Determinations September 2016, Oberon Tip update, Oberon Youth Council Raffle, Tender Gravel Crushing, Arkstone Road Closure, Arkstone Road Reopened, Abercrombie Hill Roadworks, Oberon Council Local Government Golf Day, Council Meetings November 2016 and Pool Opening for 2016/17 season. Council Website and Council Facebook Page updated with media releases and relevant articles. “Good News Week” newsletter was issued to Councillors on 14, 21 and 28 October. VISITOR INFORMATION CENTRE VISITORS FOR OCTOBER 2016 Domestic 1905

International 89

TOTAL: 1994 MAJOR TOURISM REQUESTS FOR OCTOBER 2016 429 Mayfield Garden and Open Gardens 62

177 Fossicking

142 Tablelands Way

116 General Activities

Accommodation Enquiries for October 162 and 62 for camping. During October accommodation was heavily booked due to the Spring Festival at Mayfield Garden, Bathurst Race weekend as well as guests attending weddings at ‘Waldara’. Waldara is booked out each weekend for the next few months.

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Visitors also took the opportunity to visit the other open gardens ‘Gairloch’ and ‘Beyond Avalon’ during the Spring Festival, these gardens both reported high interest (both gardens also opened some days during the week due to large bus groups booked in). National Parks and Wildlife provided advice that the road to Kanangra Boyd River camping ground was accessible via 4WD only from the camp ground out to the Walls; the Kowmung River Fire Trail was also closed for a couple of weeks. Luckily they were able to re-open in time for the ‘Rogin’ Event which was a large group of orienteering enthusiasts camping and hiking over the weekend. We were pleased to be able to sell them a large amount of merchandise for their ‘prizes’ and mementos of the region. An abundance of motor bike riders came through Oberon en route to Philip Island near Melbourne; we handed the ‘Scenic Drives/Rides’ in our region to an interested group who were going to put it on their blog to be published in a UK motorcycle magazine. More fish were released throughout local waterways by CAS members. Unfortunately, once again the Oberon Farmers Markets had quite a wet day. Victoria from Potters Needs had a captive audience at the Tarana Farmers Market for her demo on cheese making and advertising her workshops. On 20 October we received a ‘filming enquiry’ for a food/cooking show on Foxtel. They were requesting what was in season and would there be anything for them to forage for such as mushrooms. Filming will take place between 11-14 November. The OBTA ‘Experience Oberon’ Winter Photographic Competition entries closed on 30 September. The winning entries are displayed in the Visitor Information Centre. Spring Competition entries are now requested – categories for this season have changed to ‘Our Town’ ‘Adventure’ and an OPEN section for the children with the age being extended to 8 - 15yrs. The Tourism Group has recently been appointed as the contracted auditor of the Accredited Visitor Information Centre program in New South Wales. A representative visited the Oberon VIC on Monday 7 November and carried out an audit to ensure the centre meets the accreditation requirements. The visit was very positive with no issues identified. On Monday 7 November representatives from Jenolan Caves, Mayfield Gardens and Oberon Council met at Mayfield Garden to discuss tourism opportunities for the region and opportunities to collaborate. The workshop focused on opportunities to share brochures and promotional material between facilities, social media, promotion and marketing opportunities. The group will meet again in December to follow up on identified actions. Events during October/November included: 15 - 30 Oct Mayfield Garden Spring Festival

15 – 30 Oct Saturdays and Sundays from Saturday 15 October until Sunday 30 October Gairloch Garden Spring Open Days Gairloch Garden

29- 30 Oct Beyond Avalon Garden Open Days and 5-6 Nov

23 Oct 2SM Hi-Tide Fishing Show – Oberon RSL Club

28 Oct St Joseph’s P & F Trivia Dance night

29 Oct Rockley Rodeo

30 Oct Back to Hartley Family Fun Day

4 Nov Oberon Youth Council Halloween Karaoke Disco – Oberon RSL Club

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Upcoming Events 13 Nov 10th Richlands Open Day, Richlands Homestead, Abercrombie Road

18 Nov Oberon Community Transport Social Bus Trip to Newbridge

19 Nov Music on Mount David Concert

25 Nov Oberon Business and Tourism Association Business Awards

25 Nov Melodies & Memories Keith Potger Concert - Robert Hooper Community Centre 5. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS (SEPT/OCT 2016) The following is a summary of meetings attended by the General Manager. 12 Oct John Hebblewhite re Skoda and Tatra Museum

12 Oct Maxine Whittaker re planning matter

12 Oct Russell Reynolds re planning matter

12 Oct Crowe Horwath Auditors re Councils External Audit

12 Oct Brett O’Connell re land

12 Oct Staff updates meetings, Office, Library, Visitor Information Centre & Depot

12 Oct OBTA Meeting

13 Oct Tony Preston, Borg Panels

16 – 18 Oct Local Government NSW annual conference

18 Oct Ordinary Council Meeting

19 Oct Chris O’Neill re planning matter

19 Oct Crown Lands Orange re current matters

20 Oct RFS Cadet Graduation, Portland

25 Oct Western NSW Health Dental Clinic re Oberon Dental Clinic

25 Oct Works Committee Meeting

25 Oct Finance Committee Meeting

26 Oct Toni-Anne Lee, State Cover re update

26 Oct Community Recycling Centre and Environmental Improvement Grant Project Implementation

27 Oct GMAC Meeting

28 Oct Megan Sovic, Oberon Meals on Wheels

28 Oct Teleconference, Service NSW

2 Nov Shane Reece, United Services Union

2 Nov David Finlayson, Service NSW

3 Nov Meet with Council legal representatives

4 Nov Country Mayors Association Meeting

7 Nov Oberon Council, Jenolan Caves & Mayfield Garden Workshop

8 Nov Oberon Tennis Centre representatives – sign Tennis Centre lease

8 Nov Councillor Informal Briefing Session

9 Nov Oberon Local Government Golf Day Meeting

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6. PLANNING AND DEVELOPMENT MATTERS STATUS OF COUNCIL DECISIONS

Minute Number Action Taken

30160413 Waste Less Recycle More

Councillor Workshop held 9/12/14. Recycling Area established September 2015 Draft Waste Strategy developed Report to be drafted for a future meeting to workshop the strategy.

Matter Ongoing

06 151215 Notice of Motion

Parkland in Glyndwr Avenue. Amendment to the LEP required.

Matter Ongoing

15 160216 Planning Proposal Titania

Planning Proposal to reduce the Minimum Lot Size and the proposed amendment to Clause 4.1A (3) (b) and (c) of the Oberon Local Environmental Plan 2013.

- Proposal referred to the Department of Planning and Environment for further discussion.

Matter Ongoing

17 May 2016 ORDINARY COUNCIL MEETING

16 170516 Planning Proposal Function Centre

1. Council support the planning proposal in principle to amend the Oberon Local Environmental Plan 2013 and add “function centre” as a permitted use in the RU1 Primary Production zone for the entire Oberon Council area,

2. Decline the request to amend the Oberon Local Environmental Plan 2013 to enable a function centre as an additional permitted use on Lot 10 DP 1153955 (397 Mutton Falls Road, Tarana) and refund the applicant’s fees,

3. Authorise the Acting General Manager to prepare a planning proposal in relation to the above amendment, and

4. Authorise the Acting General Manager to submit the above planning proposal to the Department of Planning and Environment requesting Gateway Determination in accordance with the requirements of Section 56 of the Environmental Planning and Assessment Act 1979.

Exhibition of the gateway is expected between July and August. Matter ongoing

20 September 2016 ORDINARY COUNCIL MEETING

16 200916 Heritage Committee

1. Council to write a letter of support to the Office of the Environment and Heritage with a view of obtaining a grant for emergency funding for stabilisation work on Lindlegreen, provide a report in relation to funding from the O’Connell Community fund for an updated engineering report from Calare Civil. Matter ongoing

2. Council approve the quote from Fifty8GEORGE for $381.70 and the wording for the sign for the Private Cemetery at Porters Retreat to be erected in the Abercrombie Road reserve and organise a meeting between staff and the Cemetery Committee to confirm names provided to Council of those people that may be interned with the view of a erecting a sign depicting these name to be placed in Porters Retreat Cemetery. Sign ordered

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3. Council make enquiries regarding the replacement roof at the Railway Station managed by John Holland and see if it is compatible for a property that is heritage listed. Ongoing

4. The Heritage Committee would like Council to note that they are aware of a proposed subdivision on Carlwood/Mutton Falls Rd and Bolton Lane at O‘Connell and have concerns that if a number of trees are removed on the road reserve it would have an impact on the cultural landscape and the environment. Noted.

5. Council progress the walking track at O’Connell from Beaconsfield Road to Box Flat Road. Matter ongoing

6. Council support the Heritage Committee in encouraging PHD Students from Australian Universities to undertake studies on Heritage issues in our Council’s Local Government area.

18 200916 Development Application 10.2016.61.1 – Dwelling

Council approve the reduced setback and buffer submitted with DA 10.2016.61.1 and delegation be granted to Councils Acting General Manager to approve DA 10.2016.61.1 for a proposed dwelling with a boundary setback of 30m from the northern boundary on Lot 9 in DP 1185095, 163 O’Connell Road, Oberon.

Awaiting further information Matter Ongoing

18 October 2016 ORDINARY COUNCIL MEETING

12 181016 Development Application 10.2016.46.1 – Dwelling

Council resolve to approve the variation to Clause A2.6 of its current DCP 2001 and delegation be granted to Council Acting General Manager to approve DA10.2016.46.1 for a proposed dwelling located 232m from its Eastern boundary on Lot 12 in DP 603429 being known as 92 Ferndale Road, Oberon. Approval issued Matter ongoing

DETERMINATIONS The following Applications and Certificates were determined in October 2016.

REF NO. DEVELOPMENT TYPE STREET ADDRESS

19.2016.34.1 Approval to Operate On-Site Waste Water System

1305 Carlwood Road, O’Connell

10.2016.68.1 11.2016.68.1

Shed 57 Shakespeare Close, Oberon

10.2016.24.1 11.2016.24.1 19.2015.2.2

Dwelling and On-Site Waste Water System

2068 Beaconsfield Road, Wisemans Creek

10.2016.69.1 11.2016.69.1 19.2016.31.1

Dwelling and On-Site Waste Water System

13 Marks Crescent, Oberon

10.2016.72.1 20.2016.17.1

Dwelling and connection to Sewer 6 Blenheim Avenue, Oberon

11.2013.92.1 Access Construction 1873 Mutton Falls Road, O’Connell

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10.2016.26.1 Change of use B & B 308 Black Bullock Road, Oberon

11.2015.18.1 Truck Wash Bay 37-39 Albion Street, Oberon

10.2016.46.1 11.2016.46.1 19.2016.21.1

Dwelling and On-Site Waste Water System

92 Ferndale Road, Oberon

19.2016.15.1 On-Site Waste Water System 507 Dreves Road, Mount Olive

10.2016.62.1 20.2016.14.1

Shed to be used as a museum 15 Dudley Street, Oberon

Copies of determinations are available for inspection at Council’s Administration Centre. Total fees for Applications during October 2016 were $24,236.46. The year to date income is $60,581.46 which is 61% of the total income ($99,000) estimated. Applications for the calendar year are being provided in a table form to give an outline of applications being lodged against those of the previous year.

050

100150200250300

Nu

mb

er

of

app

licat

ion

s

Month

Number of Applications Accumulated

2016

2015

05

10152025303540

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Nu

mb

er

of

app

licat

ion

s

Month

Number of Applications Lodged

2016 Applications

2015 Applications

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CERTIFICATES ISSUED During the Conveyancing process, normally as part of the sale of a property, various Certificates are applied for by Solicitors, Real Estate Agents or by the public. In October 2016 the following Certificates were issued:

CERTIFICATES NUMBER ISSUED

SECTION 149(2) AND (5) PLANNING CERTIFICATES

Environmental Planning and Assessment Act, 1979

71

SECTION 735A CERTIFICATES AS TO NOTICES

Local Government Act, 1993.

20

SECTION 121ZP CERTIFICATES AS TO ORDERS

Environmental Planning and Assessment Act, 1797

17

SECTION 149D BUILDING CERTIFICATES

Environmental Planning and Assessment Act, 1979

0

Certificates for the calendar year are being provided in a table form to give an outline of certificates being lodged against those of the previous year.

OBERON ANIMAL POUND The following are details of activity at the Animal Pound in October 2016.

0

20

40

60

80

100

120

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Certificates for 2015/2016

Building Certificate

121ZP

735A

149's

Total certificates 2015

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In October 2016 there were no Dangerous Dog Declarations, no Dangerous Dog Orders or Notice of Intentions to declare a dog dangerous issued.

MISCELLANEOUS MATTERS

Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during October 2016.

TYPE OF INSPECTIONS NUMBER

Building Inspections 25

Food Inspections 0

Environmental Inspections (Air, Noise and Water Pollution) 0

Subdivisions Certificate Inspections 0

Complaints (Including Animal Control) 3

Building Maintenance Inspections 5

Notes:

0

2

4

6

8

10

12

14

16

Jan

uar

y

Feb

ruar

y

Mar

ch

Ap

ril

May

Jun

e

July

Au

gust

Sep

tem

be

r

Oct

ob

er

No

vem

be

r

De

cem

ber

Nu

mb

er

of

An

imal

s

Month

Number of cats and dogs impounded 2015/2016

2016 Carried Over

2016 Dogs

2016 Cats

2015 Cats & Dogs total

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04.02 MONTHLY ACTIVITY REPORT - WORKS AND ENGINEERING

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director

Summary Providing a summary of the work activities in the Works & Engineering Department for the month of October 2016 and including scheduled work for the coming month of November.

Recommendation: That report item 14.02 is received as information.

Comment 1. UPCOMING/PLANNED WORKS The following works will commence during the month of November 2016: Maintenance Grading – Roads maintenance activities will be completed on Kanangra Walls, Jaunter, Cosgrove, Jerrong and Glen Roads. Dog Rocks Road – The road will be reworked and final trimmed in preparation for bitumen sealing in November. LIRS Funded Works – LIRS funded works will be undertaken on Jerula Road and Millers Lane, Snake Valley Road, Swatchfield Road, Loch Erin Road and Isabella Road. RMCC Trunkey Road – The work on MR54 Trunkey Road is on project schedule with bitumen sealing to occur mid November. Abercrombie Hill Project – The widening work on Abercrombie Hill is expected to be completed in early November with installation of pits and culverts commencing and benching of earthworks. Tally’s Lane Carpark – Construction work is complete and the car park is scheduled to be bitumen sealed and line marked during November. Plants will placed around the outer perimeter to help soften the landscape. Parks and Gardens Activity – The recent rain and now warmer weather has seen grass and vegetation growth increase with parks and gardens crews working to mow and maintain parks, recreation grounds and cemeteries as well as the gardens in the main street. Shade Sail Installation – Contractors have installed the poles for the new shade sail structures at the pool entrance frontage. The new sails will provide shade over both the playground equipment and the picnic setting area and installation will be finalised during November. Fixing Country Roads Project – During November staff will recommence the finishing touches to the several intersections associated with the FCR program along Swells Creek Road. Repairs to several pavement failures along Beaconsfield Road will also be completed. This will finalise the objectives of this $990K project. Edith Road Repair Project – resources permitting during November staff will commence this financial years repair Program on the Edith Road. Following on from the 2015/2016 road improvements, staff will undertake up to an additional 2km of road reconstruction works. This will

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include road realignment, road widening, drainage, new bitumen pavement and new guard rail installation. 2. ACTIONING COUNCIL DECISIONS The actions resulting from previous Council Meetings to be undertaken by the Works and Engineering Director are summarised:

18 October 2016 ORDINARY COUNCIL MEETING

11 181016 Albion St Footpath

That 1. Council allocate an additional $10,000 from Section 94 funding to

complete the last 100m section of missing concrete footpath on the southern side of Albion Street during the 2016/2017 financial year

2. That $5,000 be allocated from Section 94 funding to create a driveway entry to the Common from Dudley Street.

Action: Matter in progress

25 October 2016 WORKS COMMITTEE MEETING

02 251016 White Springs Cemetery – Future Road Access

1. Council determine its position with respect to any construction within the new public road linking Black Springs to the historic White Springs Cemetery.

2. Council write to Forests NSW seeking their approval to create a permanent right of access through Forest land to secure access to the historic White Springs Cemetery.

3. That Council liaise with the Black Springs Progress Association to develop a project to create a walking track through Black Springs to the White Springs Cemetery along the newly gazetted public road.

Action: Matter in progress

03 251016 Black Springs – Proposed Land Acquisition Abercrombie Road

1. Council endorse the block of road reserve proposed to be excised from the intersection of Abercrombie Road and Campbells River Road for potential future development.

2. An independent valuation be obtained and an additional report be brought back to Council for its information and consideration on sale or lease of the land.

3. Should Council agree to offer the sale or lease of this land, the applicant shall be subject to all costs associated with land purchase, survey and legal conveyancing costs.

Action: Matter in progress

04 251016 LIRS Program 2016/2017 – Unsealed Road Repairs Local Council Roads

1. Council redistribute funding to reconstruct sections of road where drainage issues have occurred, as listed on the unsealed roads contained within the table of this report.

2. That the roads removed form the 2016/2017 LIRS program be relisted for works in the 2017/2018 financial year.

Action: Matter ongoing.

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3. WORKS ON LOCAL ROADS, BRIDGES, PARKS AND PRIVATE WORKS UNDERTAKEN

DURING OCTOBER

Maintenance Grading – Maintenance grading has been undertaken at Kanangra Walls Rd, Jaunter Rd, Swallows Nest Rd and Gilmandyke Rd Pothole Repairs – Pothole maintenance continued during the month of November on local roads, Regional Roads and the State Highway. Water Springs on Unsealed Roads – Staff have attended to temporary repairs on Snake Valley Rd roads due to a boggy road failure: 4. WORKS FOR ROADS AND MARITIME SERVICES (RMS) Monthly Works update October 2016:

RMCC Routine road patching maintenance.

MR54 Trunkey Project – work is progressing well with approximately 90% of the work now complete. Sealing is scheduled for mid-November.

Heavy patching work will commence in November on Duckmaloi Rd and O’Connell Rd. Forward Works Program:

RMS discussions for Oberon Council to undertake upgrade to section of O’Connell Road between Mayfield Road to the top of the Mount is in the planning stages.

Inspections and routine maintenance works on both Duckmaloi and O’Connell State Roads. 5. WORKS ON TOWN IMPROVEMENTS Oberon Common – Council staff are preparing the gravel foundation areas for both the car parking area as well as work on the BBQ shelters. 6. ROAD INSPECTIONS The following roads were inspected in October 2016.

Road Name Starting From Going To Date of Inspection

Hazard Type

Burraga Rd Bathurst Shire Burraga 12/10/2016 Potholes; Shoving or Failures; Road Surface (Seal Stripping)

Hazelgrove Rd Albion St unsealed section

12/10/2016 Potholes; Shoving or Failures

Mount David Rd Campbells River Rd

Burraga Rd 12/10/2016 Potholes; Shoving or Failures

The Meadows Rd

Hazelgrove Rd The End 12/10/2016 Potholes; Shoving or Failures; Road Surface (Tree Root); Other (Tree Pruning, Drainage)

Arkstone Rd Burraga unsealed section

18/10/2016 Potholes; Shoving or Failures; Road Surface (Seal Stripping)

Campbells River Rd

Abercrombie Rd Arkstone Rd 18/10/2016 Loose or Spilled ;Potholes; Shoving or Failures; Road Surface (Seal Stripping)

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7. PLANT & WORKSHOP REPORT

General maintenance and repairs have been undertaken on trucks, graders, rollers and minor plant

such as chainsaws, mowers and light fleet vehicles during the months of October and September.

SERVICED

DATE PLANT KMS/HRS

1/09/2016 # 74 - TOYOTA RAV -4 FIRST SERVICE -BATHURST

7/09/2016 # 89 - HOLDEN COLORADO 4X4 DUEL SERVICE 60000 KMS

8/09/2016 # 72 - TOYOTA PRADO FIRST SERVICE -BATHURST

9/09/2016 # 92 - ISUZU TRUCK 2X4 SERVICE 100000 KMS

19/09/2016 # 2 - CAT 12M GRADER SERVICE 500HRS

22/09/2016 # 91 - HINO CREW CAB 2X4 SERVICE 20000 KMS

22/09/2016 # 86 - TOYOTA HILUX 2X4 SREVICE 30000 KMS

23/09/2016 # 54 - MACK TRIDENT TIPPER SERVICE 1250 HRS

30-Sep # 67 - TOYOTA LANDCRUISER SERVICE 60000 KMS

4/10/2016 # 75 - TOYOTA RAV 4 SREVICE 60000 KMS

7/10/2016 # 51 - WESTERN STAR TRUCK SERVICE 6000 HRS

11/10/2016 # 93 - TOYOTA HILUX 4X4 SERVICE 130000 KMS

12/10/2016 # 64 - TOYOTA PRADO FIRST SERVICE -BATHURST

13/10/2016 # 79 - TOYOTA HILUX 4X4 SERVICE 50000 KMS

14/10/2016 # 46 - ISUZU WATER CART SERVICE 40000 KMS

14/10/2016 # 58 - WESTERN STAR TRUCK SERVICE 8500 HRS

25/10/2016 # 62 - MITSUBISHI TRITON 4X4 SERVICE 150000 KMS

26/10/2016 # 4 - CAT 12M GRADER SERVICE 6000 HRS

27/10/2016 # 23 - CAT CS563E ROLLER SERVICE 6500 HRS

28/10/2016 # 10 - CAT 432E BACKHOE SERVICE 4750 HRS

28/10/2016 # 14 - JOHN DEERE TRACTOR SERVICE 4500 HRS

MAINTENANCE AND REPAIRS

DATE PLANT DESCRIPTION OF WORK

10/10/2016 # 25 - CAT CS563E ROLLER REPLACE COIL ON SOLENIOD FOR DIFF DRIVE

11/10/2016 # 10 - CAT 432E BACKHOE REPLACE REAR DIFF MOUNTING BOLTS - RH SIDE

11/10/2016 # 53 - SLOANEBUILT DOG TRAILER REPLACE TYRE 2ND AXLE RH SIDE

13/10/2016 # 2 - CAT 12M GRADER FLAT TYRE - SPRING MT RD

14/10/2016 # 58 - WESTERN STAR TRUCK ADJUST CLUTCH

14/10/2016 # 58 - WESTERN STAR TRUCK AIR LEAK ON HORTON FAN

14/10/2016 # 58 - WESTERN STAR TRUCK REPAIR TARP

14/10/2016 # 11 - CAT 432F BACKHOE FIT 4 X NEW TYRES

14/10/2016 # 14 - JOHN DEERE TRACTOR FIT NEW LED FLASHING LIGHT

17/10/2016 # 41 - FUSO WATER CART REMOVE FRONT SPRAY BAR

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19/10/2016 # 8 - CAT 324DL EXCAVATOR FIT NEW CYLINDER TO TILT BUCKET

19/10/2016 # 42 - ISUZU / PAVELINE REPLACE AIR / ELECTRIC CONTROL SOLENOID

20/10/2016 # 42 - ISUZU / PAVELINE REPLACE BEARING ON FRONT ARM

22/10/2016 # 7 - CAT D7R DOZER REPLACE HYD HOSE TO CONTROL VALVE -

24/10/2016 # 88 - HINO CREW CAB 2X4 REPLACE 2 X FRONT TYRES

25/10/2016 # 52 - HINO TIPPER FIT 2 X DRIVE TYRES - RH FRONT DIFF

25/10/2016 # 7 - CAT D7R DOZER FIT 2 X RIPPER BOOTS - ABERCROMBIE RD

26/10/2016 # 42 - ISUZU / PAVELINE REPLACE BROOM

26/10/2016 # 42 - ISUZU / PAVELINE REPLACE FRONT HOSE

RFS MAINTENANCE AND REPAIRS

DATE BFO VEHICLE DESCRIPTION OF WORK

20/09/2016 BFO 0517 - JERRONG CAT 1 SERVICE - PINK SLIP

5/10/2016 BFO 4372 - JERRONG ACT 7 SERVICE - PINK SLIP

14/10/2016 BFO 7113- NATIVE DOG CAT 1 FIT NEW WHEEL CYLINDERS TO LH

REAR BRAKE

14/10/2016 BFO 7113- NATIVE DOG CAT 1 FIT NEW CLUTCH MASTER CYLINDER

GENERAL WORK

6/10/2016 5x NEW TILT PANEL DOORS START FITTING NEW DOORS TO WORKSHOP

14/10/2016 WATER PLANT - FIT NEW BELL TO SERVICE WATER PUMP

8. ATTENDING EXTERNAL MEETINGS The Works and Engineering Director attended the following meetings during October 2016:

4 Oct On site meeting at Sewer Treatment Plant with Federal Member Paul Toole, MP

17 Oct CENTROC Road Technical Committee meeting, Orange

18 Oct Meeting with Acting Superintendent Brett Jackson to discuss staffing at Oberon Fire Station.

20 Oct CENTROC Course – Drug and Alcohol Testing, Cowra

Notes:

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14.03 MONTHLY ACTIVITY REPORT – FINANCE & COMMUNITY SERVICES

File No: Governance/Meetings/Ordinary/November 2016 Author: Lynette Safranek, Finance and Community Services Director

Summary This report provides a summary of work within the Finance and Community Services Department during October 2016, plus planned activities for the upcoming months.

Recommendation: That report item 14.03 is received as information.

Comment 1. PLANNED ACTIVITIES FOR OCTOBER AND NOVEMBER

Rate Notices Centroc Tender Given the problems we have experienced with our rates mail house, Oberon Council will be participating in a regional procurement process for printing of rate notices/mailing house services with Centroc. The initial meeting will take place on Wednesday 9 November to commence this process. 2. STATUS OF COUNCIL DECISIONS

Minute Number Summary/Progress

21 June 2016 ORDINARY COUNCIL MEETING

09 210616 - Erect a new free standing sign at the Black Springs Community Hall that also incorporates a noticeboard, in consultation with the Black Springs Progress Association.

F&CS Director to attend BSPA meeting to discuss. Matter Ongoing

18 October 2016 ORDINARY COUNCIL MEETING

09 181016 - That Council approve the establishment of a Community Garden at the rear of the Oberon Community Hub.

Council’s Grants Officer and Community Services Coordinator are looking for grant opportunities before this project can commence.

10 181016 - That Council resolve to accept the draft Community Hub plans and place them on public display for a period of 28 days for public comment.

The Plan has been placed on public display for comment.

25 October 2016 FINANCE COMMITTEE MEETING

07 251016

CCTV Security Network Upgrade That Council: 1. Approve the amendment to the project scope. 2. Commit $15,000 from internal restricted funds to this project. 3 Provide the Acting General Manager and Mayor with authority to sign

the revised funding agreement. Funding agreement is being finalised.

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4 November 2016 EXTRAORDINARY COUNCIL MEETING

02 041116

2015/16 Financial Statements 1. In accordance with Section 413 (3) the annual financial report:

- is in accordance with the Local Government Act 1993 (as amended) and the Regulations made there under; the Australian Accounting Standards and professional pronouncements; and the Local government Code of Accounting Practice and Financial Reporting.

- presents fairly the Council’s operating result and financial position for the year, and accords with Council’s accounting and other records; and

- Council is not aware of any matter that would render this report false or misleading in any way.

2. That the Financial Statements for the year ended 30 June 2015 be noted, be made available for submission to the Office of Local Government.

Financial Statements were submitted to the Office of Local Government on Friday 4 November 2016.

3. FINANCE Council staff submitted its Financial Statements to the Office of Local Government on Friday 4 November 2016, following an Extraordinary Meeting held the same day. The audited Financial Statements and Auditor Reports will be distributed as a late report for discussion at this meeting. Rates and Charges During October 2016, Council conducted two special water inspections and issued 20 Certificate 603, one of which was an urgent 603. Following are the Rates and Charges collected during October 2016.

Farmland Residential Rural

Residential Non-urban

Centre Business Total

October payments, concessions and interest

-$810,157 -$874,897 -$270,965 -$77,244 -$347,818 -

$2,381,081

Balance outstanding

$1,105,308 $1,477,213 $327,252 $83,822 $295,181 $3,288,775

Overpayments -$24,555

Legal charges $1,423

Total rates outstanding

$3,265,642

4. COMMUNITY SERVICES Oberon Library During October, there were 1,508 visitors to the Library. We issues 1,323 articles with 1,285 returns. The Library registered 12 new members and 88 new items were made available. We had 18 Interlibrary Loans. The computers had 221 uses, with 22 of these over 65 years old.

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November display for the Community Display Space is presented by the Oberon Men’s Shed. They have a bike created from plywood on display. Oberon Youth Council The OYC raffle raised $765. This money was donated to Tyson Rice to assist with his travel in and around Sydney while he attends the Bangarra Dance Academy. A cheque was presented to Tyson at the October OYC meeting. Tyson received a total of $1,000 made up of $700 from the OYC and $300 from the Oberon Council. The OYC Halloween Disco was held on Friday 4 November at the Oberon RSL. Funds raised will be donated to the fund set up to assist the families of the boys involved in a recent fatal traffic accident with on going medical requirements and counselling.

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Self Care Units The Self Care Panel will meet to shortly discuss the most eligible person for unit 4, with a second person chosen for unit 10 and a third person for unit 9 when both become vacant in the next few months. Welcome To Oberon Council is holding a Welcome to Oberon event at the Community Centre on 7 December. There are several community groups participating and we have received several acceptances to the event. 5. UPCOMING MEETINGS/EVENTS FOR NOVEMBER 8 Nov FOOLs Monthly Meeting

9 Nov Civica – 2015/16 Bank Reconciliation

9 Nov Centroc Rating Notices Tender meeting

10 Nov Oberon Interagency Meeting

11 Nov Civica Account Manager meeting

15 Nov Council Meeting

16 Nov NAB Economic Update session

22-24 Nov Library Conference, Ulladulla

30 Nov Annual Report submission to Office of Local Government

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14.04 GRANTS MONTHLY UPDATE

File No: Governance/Meetings/Ordinary/ Nov 2016 Author: Gillian Salmon, Grants Officer

Summary This report provides a summary of Grant Funding Applications and Submissions, both internal and external, during October 2016.

Recommendation That report item 14.04 is received as information.

Comment 1. Successful Grant Applications and Funding Notifications

a) Water Bottle Refilling Stations. Council’s application to the Veolia Mulwaree Trust to install water bottle refilling stations at the Oberon Common, the Oberon Recreation Ground and the Oberon Football Ground was successful. The trust has agreed to provide grant funding of $7,391 toward the project, which is an initiative of the Oberon Health Council. This project supports the NSW Health Program “Make Healthy Normal” by encouraging the community to take small steps towards a healthier lifestyle by participating in regular physical activity and by drinking water instead of soft drinks after sport and exercise.

A representative from Council and from Oberon Health Council will attend the VMT Grant Presentation in Goulburn on Thursday 24 November 2016.

b) Public Library Funding Strategy 2016/17. The State Government has allocated $28.3 million

to the provision of public library services in 2016/17. Under the Public Library Funding Strategy 2016/17 Council will receive:

Subsidy @ $1.85 per capita $ 9,838

Subsidy adjustment (for Disability and geographic disadvantage)

$ 17,147 Note: At least 30% of the Disability and Geographic adjustment payment listed above is to be allocated to Local Priority Projects

It is proposed that Oberon’s full Subsidy Adjustment is allocated to fitting out the library section of the new Community Hub project. Together with the unspent 2015 Local Priority Projects allocation of $16,992 this will give a total of $34,139 towards fitting out the expanded library area of the Community Hub.

2. Current Grant Application Status Report

a) Community Hub. The draft plans for the Oberon Community Hub project are on display for community feedback.

b) National Youth Week Funding. A funding agreement for Councils National Youth Week

allocation of $ 1,230 was submitted to the Department of Family and Community Services on 10 October 2016. The theme for the 2017 Youth Week, which will be held from Friday 31 March to Sunday 9 April 2017 is “Be Here. Be Heard”.

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The following tables summarise the status of current grant applications. External Grants

Submitted Details/Description of Project

Grant Program Grant Amount

Status

22 April 2016 Upgrade Facilities at Oberon Golf Club house

Stronger Communities Program

$20,000 Pending

22 July 2016 Oberon RSL Sub Branch Military Museum Expansion

Community Development Fund War Memorial Grants Program

$50,000 Pending

27 July 2016 FOOLs-Women Weavers of the West- Weave On workshops

Country Arts Support Programme

$3,000 Pending

Internal Grants

Submitted Details/Description of Project

Grant Program Grant Amount

Status

31 Aug 2015 Upgrade of Sewage Treatment Works

Regional Water and Waste Water Backlog Restart NSW

$4.9m over 5 years

Successful

08 April 2016 Drop Off Zone at Oberon Primary School

Safety Around Schools Program-RMS

$9,000 Pending

24 June 2016

Work Readiness Workshops for School Leavers

Youth Opportunities

NSW Dept. of Family and Community Services

$12,000 Pending

22 July 2016 Electronic Notice Board and Landscaping at Oberon Pool Complex

Community Building Partnerships Program

$14,041 Pending

25 Aug 2016 Water Bottle Refilling Stations

Veolia Mulwaree Trust

$7,391 Successful

02 Sep 2016 Seniors Festival Fun Run and Mystery Bus Trips

Seniors Festival 2017

NSW Dept. of Family and Community Services

$1,000 Pending

10 Oct 2016 National Youth Week 2017 Youth Week 2017

NSW Dept. of Family & Community Services.

$ 1,230 Successful pending FA

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3. Grant Applications in Progress and Current Grant Opportunities c) Fixing Country Roads Round 3. Council staff are investigating potential freight route

upgrade projects to be nominated for funding under Round 3 of the Fixing Country Roads

Program which is due to open shortly.

d) Waste Less Recycle More (WLRM). The NSW Government has announced the extension of the Waste Less, Recycle More initiative with a further $337m over 4 years from 2017-21. Council staff are investigating the opportunities to source additional funding to implement Council’s Long Term Plan of Management (LTPM) for its Oberon Waste Facility that will include a concentrated effort to improve resource recovery and reduce waste to landfill.

This funding may include a grant to install a weighbridge and will complement funding already received under the Community Recycling Centre and the Landfill Environmental Improvements streams of the WLRM programme.

e) Heritage Grants. The 2017-18 NSW Heritage Grants funding round is now open. NSW Local Councils can apply for funding under the following streams: ­ Local Government Heritage Advisors

­ Local Heritage Places Grants

­ Local Government Heritage Planning Studies

­ Aboriginal Heritage

­ Major Works

­ Heritage Reports

­ Emergency Works.

In 2016/17 Council received $3,000 for our Local Government Heritage Advisor. Applications for the current round close on 12 December 2016. This grant programme is separate from the new Heritage Near Me grant programme which is also delivered by the NSW Office of Environment & Heritage 4. Grant Project Implementation

a) Safer Streets Program CCTV Cameras. A new funding agreement is being secured to cover the $53,000 upgrade to the CCTV network in the main street. Installation of the new cameras is due to start in November.

b) Green Army. The proposed recruitment drive for Green Army participants at Oberon High

School has been postponed due to the tragic death of two young people from the Oberon area. To date three applications for Oberon’s Green Army project have been received by Skillset. It is proposed that an additional project site on the Council owned reserve between the Oberon Dam Wall and Edith Rd be included in the project.

5. Other Activities Grants Conference - October 2016. Council’s Grants Coordinator attended the Local Government Professionals Grants Conference in Parramatta. Presenters from a number of government agencies including the Office of Environment and Heritage, the Environmental Trust and the Australia Council for the Arts spoke about current grant opportunities and simplified grant application processes. Funding bodies are now offering professional assistance in establishing the business case for proposed grant funded major projects. This is a welcome initiative from funding bodies who are keen to establish “new ways of doing business” with local councils.

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14.05 WATER AND SEWER PLANT REPORT

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director & Richard Robinson, Sewer & Water Plant Operator.

Summary This report provides a summary Water & Waste Water Activity for the previous month of October 2016.

Recommendation: That report item 14.05 is received as information.

Comment 1. WEEKLY OBERON DAM LEVELS The following is a weekly dam level recording for Oberon Dam, information supplied by State Water:

3/10/2016 100.00%

10/10/2016 100.00%

17/10/2016 100.00%

24/10/2016 100.00%

31/10/2016 100.00%

Note: Oberon Dam level remains at 100% Top Water Level (TWL). As at 31 October 2016 the spill-rate was estimated at 200 ML/d, subject of rainfall patterns. 2. WATER CONSUMPTION FROM WATER NSW 01/10/16 – 09/10/16 = 13.25 ML 10/10/16 – 16/10/16 = 9.9 ML 17/10/16 – 23/10/16 = 9.6 ML 24/10/16 – 31/10/16 = 13.2 ML 45.95 ML of raw water for October 2016 was consumed from Water NSW. This was an increase of 3.95ML on the September water consumption.

The October 2016 Average Daily Consumption for Oberon Township was 45.95 ML/31 Days = 1.48 ML p/d Note: The Average Daily Water Consumption trend is 1.60ML p/d

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3. WATER & SEWERAGE COMPLAINTS No reports of discoloured drinking water, water odour or taste issues logged in Council’s complaints system during the month of October 2016. There were no reports of faults with the sewerage reticulation system during the month of October. 4. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER 01/10/16 – 09/10/16 = 22571 kL 10/10/16 – 16/10/16 = 11604 kL 17/10/16 – 23/10/16 = 12470 kL 24/10/16 – 31/10/16 = 10791 kL

Total Waste Water volume into Oberon STP during October was 57436 kL. This was a decrease of 18,971kL during October.

5. PLANT FAULTS Water Treatment Plant Nil faults to report for the month of October 2016. Waste Water Treatment Plant Nil faults to report for the month of October 2016. 6. PLANT UPGRADES AND PREVENTAIVE MAINTENANCE PROGRAM Water Treatment Plant: Preventative maintenance on all equipment completed for the month inclusive of a acidic Citric soak (Filter clean) has been completed for this month on the water filtration tanks. No.1# sediment drying bed successfully removed and back online. Waste Water Treatment Plant: Trickling filter arms have been cleaned of rubbish and greased. Preventative maintenance checks on all Sewerage Treatment Plant pumps. All filtering channels and tanks pressure cleaned. Maintenance on clarifier – loose drive chain was tightened and cleaning nozzles were all cleaned or replaced 7. TOWN WATER RETICULATION Nil faults for water mains during the month of October, no dirty water or odour complaints reported.

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14.06 STATEMENT OF INVESTMENTS

File No: Financial Management/Investments/Register Author: Lisa Koleda, Management Accountant

Summary Reporting the Statement of Investments as at 31 October 2016.

Recommendation That report item 14.06 is received as information.

Comment Interest accrued on active investments for the month of October came to $29,939 with an average interest rate of 4.07% performing above the 90 day Bank Bill Swap Rate of 1.79%. This is due to Council holding three, higher performing interest bearing Term Deposits with the Commonwealth Bank - together with the majority of Council’s current Term Deposits held earning over 3%. Current interest accrued on active Term Deposits sits at $161,941. Interest receipted for the month of October on Term Deposits matured totalled $15,566. Total year to date interest receipted on matured investments is $141,207, which includes a yearly interest payment of $44,320 for three investments with NAB from the LIRS program funding. The cash rate has remained unchanged again at 1.5 per cent following the RBA’s meeting on the 1st November 2016. Commodity prices have risen over recent months, after seeing very substantial declines over the past few years. The Australian economy is growing at a moderate rate, with the global economy continuing to grow at a lower than average pace. Inflation remains quite low, however expected to pick up gradually over the next 2 years. Financial markets are functioning effectively, but are still low compared to historical data standards.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%

Oberon Council Annualised Monthly Return vs 90 Day BBSW

16/17 90 Day BBSW

16/17 TD % Monthly Return

15/16 90 Day BBSW

15/16 TD % Monthly Return

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At 31 October 2016, $10,800,000 was invested as shown in the following Statement, with total cash at call being $11,537,327.81.

Institution Date of

Investment Interest

rate Date of Maturity Value

Cash at Call

CBA Business Online Saver 301,009.08

CBA Business At Call 333,504.57

NAB Business Online Saver 102,814.16

Total $737,327.81

Active Term Deposits

Bank of Queensland 3/02/2016 3.05% 2/11/2016 500,000.00

AMP Bank 12/05/2016 3.00% 10/11/2016 500,000.00

AMP Bank 16/05/2016 3.00% 16/11/2016 500,000.00

Bank of Queensland 24/05/2016 3.00% 21/11/2016 500,000.00

My State Bank 2/03/2016 3.10% 7/12/2016 500,000.00

AMP Bank 7/06/2016 3.00% 7/12/2016 500,000.00

People’s Choice Credit Union 10/06/2016 3.05% 14/12/2016 500,000.00

AMP Bank 23/06/2016 3.00% 20/12/2016 500,000.00

Commonwealth Bank 30/06/2016 4.40% 30/12/2016 500,000.00

Bank of Queensland 21/07/2016 2.90% 18/01/2017 500,000.00

National Australia Bank 20/07/2015 2.94% 20/01/2017 500,000.00

Commonwealth Bank 31/08/2016 5.15% 28/02/2017 500,000.00

National Australia Bank 20/07/2015 2.95% 20/02/2017 500,000.00

My State Bank 5/09/2016 2.65% 8/03/2017 500,000.00

AMP Bank 09/08/2016 2.95% 09/03/2017 500,000.00

National Australia Bank 20/07/2015 2.95% 20/03/2017 500,000.00

AMP Bank 23/08/2016 2.95% 21/03/2017 500,000.00

Reliance Credit Union 3/09/2016 3.00% 5/04/2017 500,000.00

AMP Bank 31/05/2016 3.00% 31/05/2017 500,000.00

Auswide Bank Ltd 26/10/2016 2.75% 25/07/2017 500,000.00

Commonwealth Bank 17/08/2016 4.35% 17/08/2017 800,000.00

Total $10,800,000.00

Total Cash at Call $11,537,327.81

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Investment movements in October saw the maturity of two investments with ME Bank and Auswide Bank Ltd; and one new deposit placed with Auswide Bank Ltd.

Institution Date invested

Rate Maturity date

Amount Interest earned

ME Bank 13/04/2016 3.10% 11/10/2016 500,000.00 7,686.30

Auswide Bank Ltd 29/04/2016 3.12% 26/10/2016 500,000.00 7,693.15

Total Interest earned $15,379.45

The following new deposit was made during the month of October 2016:

Institution Date invested

Rate Maturity date Amount

Auswide Bank Ltd 26/10/2016 2.75% 25/07/2017 500,000.00

Total $500,000.00

I certify that the investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulations 2005, and Council's Investments Policy. Lynette Safranek Responsible Accounting Officer

Notes:

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14.06 WATER SUPPLY & SEWERAGE SERVICING STRATEGY REPORT

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director.

Summary This report provides information based on recent investigation of existing water and sewer infrastructure capacity and options for servicing outlying greenfield development areas around Oberon, including the West Oberon Development Area (WODA).

Recommendation: That report item 14.06 is received as information.

Comment: Following Oberon Township Development ‘Water Supply & Sewerage Servicing Strategy Report’. The basis of this report is to provide information directly associated with water & sewer servicing strategies for areas within or adjacent to the Oberon township which have potential to attract residential development over the next 20 years. The location and timing of potential township development land areas have been identified on the basis of their proximity to the Oberon township, and suitability for residential development and subsequent developer interest. The report address’s Infrastructure requirements to service the new forecasted development areas, providing for recommended servicing strategies to overcome the residential development take up as it occurs. Additional parts of this investigative report have focused on identifying available water and sewer capacity in the vicinity of the development areas and the new infrastructure that will be required to connect those areas to the existing reticulation networks. The servicing strategy presented in the accompanying document outlines the potential development areas, they were critically analysed with the objective to obtain the key indicators that will require Council consideration for expansion of the reticulation networks into the future as the Oberon townships grows. Primary focus points of the servicing strategy:

1) Identification of the township development areas considered for future residential take up.

2) Proposed water supply & sewerage servicing strategy for the development area including:

i) Projected increases in water demands and sewer flow discharges. ii) Capacity constraints analysis upon the existing town infrastructure and its ability to

cope iii) Discussion of recommended servicing expansion approach to cater for population

increase.

3) Capital cost estimates for new servicing infrastructure over the projected 20 years.

The servicing strategy areas considered in this report take into account a number of projected assumptions for land take up over 20 years. It is important to note that there will be limitations

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placed on existing infrastructure and its ability to cope with expansion. This will result in the need of Council at some stage to consider its position into the future with network expansion, the direct associated costs to Council and or direct cost to be borne by developers in order to provide and maintain effective and efficient service delivery for the township of Oberon.

Notes:

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14.07 OBERON COMMUNITY TRANSPORT UPDATE

File No: Governance/Meetings/Ordinary/November 2016 Author: Lynette Safranek, Finance and Community Services Director

Summary Oberon Community Transport has been a part of Lithgow Community Transport for 12 months. Lithgow, Cowra and Oberon Community Transport groups were merged with CareWest on 1 October 2016, following funding restrictions imposed by Transport NSW. Lithgow Community Transport held its last AGM on 19 October 2016.

Recommendation That report item 14.07 is received as information.

Comment A copy of the Minutes of the Annual General Meeting FOLLOWS. Chairman, Jeff Carter, summarised the last year which has seen the organisation merged with CareWest on 1 October 2016. He thanks the Management Committee Members for their guidance and assistance throughout the year. It was decided not to wind up the company for at least 6 months to enable the Committee to:

Ensure that the Funding Contract by Transport NSW is transferred to CareWest

Staff are all transferred

Transport services continue to operate without an effect on the local communities of Oberon, Lithgow and Cowra

Possible formation of a Transport Committee with CareWest as the organisation does not have a monitoring system.

Council now hosts Oberon Community Transport for CareWest. The part time staff member is fully funded and directed by CareWest Transport Manager. The new Committee will next meet on 6 December 2016, at which time a full report of the transition to CareWest will be provided.

Notes:

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Lithgow Community Transport

Annual General Meeting

19th

October 2016

Minutes

Meeting Opened at 5.15 pm

1. Present: Jeff Carter (Chairman), Kathy Dickson (Manager), Lynette Safranek,

David Brown, Richard Mara, Kerry Morris, Peter Grosfeld, Ian Reynolds,

David Weeks (Auditor). Nil Apologies.

2. Welcome & Acknowledgment of Country by Jeff, and a welcome to all in

attendance and David Weeks.

3. Conflict of Interest, Nil.

4. Confirmation of the Minutes for the Annual General Meeting held on 17th

November 2015.

Motion: The Minutes accepted as a true and accurate record of the meeting –

Approved.

5. Business arising from the previous minutes

Nil

6. Chairman’s Report by Jeff

Motion: To accept the report as tabled – Approved.

7. Treasurers Report by David

Jeff thanked David for all his efforts over the last 12 months and also all the

preceding years he has given to the organisation.

Motion: To accept the report as tabled – Approved.

8. Auditors Report by David Weeks

David thanked the committee for the excellent service provided to the Lithgow

LGA community.

Motion: To accept the report as tabled – Approved.

9. Managers’ Report by Kathy

Kathy thanked the committee and especially the volunteer drivers for their

efforts, who without them we would not exist.

Motion: To accept the report as tabled – Approved.

10. Standing Down of Governance Body

Chair handed the meeting over to David Weeks to conduct the elections.

(The committee will continue until the merger is bedded down)

A. Chairman: Nomination for Lynette Safranek, accepted.

Approved unanimously.

B. Deputy Chairman: Nomination for Kerry Morris, accepted.

Approved unanimously

C. Treasurer: Nomination for David Brown, accepted.

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Approved unanimously

D. Secretary: Nomination for Ian Reynolds, accepted.

Approved unanimously.

E. WHS / Drivers Rep, is now not required.

F. Public Officer: Nomination for Kathy Dickson, accepted.

Approved unanimously.

G. Publicity Officer: Nomination for Kerry Morris, accepted.

Approved unanimously.

Congratulations to all elected committee members.

11. Appointment of Auditor

David Weeks said he will stay on if required.

Approved unanimously.

12. Decision to wind up Organisation.

Motion: To continue as a committee as required. Approved.

Meeting closed at 5.45 pm.

Next committee meeting will be held on Tuesday 6th December 2016 at

5.00pm.

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14.08 LATE REPORT - AUDITED FINANCIAL STATEMENTS FOR 2015/16

File No: Governance/Meetings/Finance Committee/November 2016 Author: Lynette Safranek, Finance and Community Services Director

Summary A late report will be provided regarding the Audited Financial Statements for 2015/16.

Recommendation That report item 14.08 is received as information.

Notes:

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15. URGENT BUSINESS

Summary In accordance with Clause 241 of the Local Government (General) Regulations 2005 business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:

a) A motion is passed to have the business transacted at the meeting: and b) The business proposed to be brought forward is ruled by the Chairperson to be of great

urgency.

Recommendation: That Council consider the following matters as they are considered to be of an urgent nature requiring immediate consideration by Council

16. CLOSED SESSION / CONFIDENTIAL REPORTS

Summary In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) Personnel matters concerning particular individuals (other than Councillors)

(b) The personal hardship of any resident or ratepayer

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

(d) Commercial information of a confidential nature that would, if disclosed:

(i) Prejudice the commercial position of the person who supplied it, or

(ii) Confer a commercial advantage on a competitor of the Council, or

(iii) Reveal a trade secret

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

(f) Matters affecting the security of the Council, Councillors, Council staff or Council property

(g) Advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) Information concerning the nature and location of a place or an item of Aboriginal significance on community land.

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16.01 TENDER 2016/1 – GRAVEL CRUSHING SERVICES 2016-2018

File No: Governance/Ordinary/Confidential Author: Chris Schumacher, Works & Engineering Director

This item is classified CONFIDENTIAL under Section 10A (2) (d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: Section 10A (2) (d) Commercial information of a confidential nature that would, if disclosed:

(I) prejudice the commercial position of the person who supplied it, or

(ii) Confer a commercial advantage on a competitor of the council, or

(iii) Reveal a trade secret

16.02 CITIZEN OF THE YEAR AWARDS

File No: Community Relations/Awards Author: Sharon Swannell, Executive Coordinator

This item is classified CONFIDENTIAL under section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

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

16.03 SERVICE NSW

File No: File No: Governance/Ordinary/Confidential Author: Gary Wallace, Acting General Manager

This report item contains matters and information which relate to Section 10A (1) – (3) of the Local Government Act 1993. This report item contains matters and information listed in Section 10A (2) of the Act: (c) Information that would if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

16.04 PROPERTY & LAND DEVELOPMENT – INDUSTRIAL ESTATE

File No: File No: Governance/Ordinary/Confidential Author: Gary Wallace, Acting General Manager

This report item contains matters and information which relate to Section 10A (1) – (3) of the Local Government Act 1993. This report item contains matters and information listed in Section 10A (2) of the Act: (c) Information that would if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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16.05 WATER WRITE-OFF REQUEST – ACCOUNT 12369541

File No: Governance/Ordinary/Confidential Author: Chris Schumacher, Works & Engineering Director

This item is classified CONFIDENTIAL under Section 10A (2) (d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: Section 10A (2) (d) Commercial information of a confidential nature that would, if disclosed:

(I) prejudice the commercial position of the person who supplied it, or

(ii) Confer a commercial advantage on a competitor of the council, or

(iii) Reveal a trade secret

17. CLOSURE OF MEETING

The Mayor will declare the meeting closed. The next Ordinary Meeting of Oberon Council will be held on: Tuesday 20 December 2016 commencing at 5.30pm in the Oberon Council Chambers 137 – 139 Oberon Street, Oberon.