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137 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] Page 1 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor UNCONFIRMED MINUTES Oberon Council Ordinary Meeting Tuesday 18 February 2020 Commencing at 5.30pm at the Oberon Council Chambers
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UNCONFIRMED MINUTES Oberon Council Ordinary Meeting ... · A verbal presentation was provided by the Coordinators of the Oberon Mid-Winter Botanica Event, ... Oberon Facebook page

Jul 09, 2020

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Page 1: UNCONFIRMED MINUTES Oberon Council Ordinary Meeting ... · A verbal presentation was provided by the Coordinators of the Oberon Mid-Winter Botanica Event, ... Oberon Facebook page

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

Page 1 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

UNCONFIRMED MINUTES Oberon Council Ordinary Meeting Tuesday 18 February 2020 Commencing at 5.30pm at the Oberon Council Chambers

Page 2: UNCONFIRMED MINUTES Oberon Council Ordinary Meeting ... · A verbal presentation was provided by the Coordinators of the Oberon Mid-Winter Botanica Event, ... Oberon Facebook page

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 2 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

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. PRESENTATIONS................................................................................................................... 5

7. QUESTIONS FROM THE PUBLIC .......................................................................................... 5

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

9. MAYORAL MINUTE AND REPORT ........................................................................................ 6

09.01 MAYORAL MINUTE AND REPORT ............................................................................ 6

10. NOTICES OF MOTIONS ......................................................................................................... 7

11. COUNCILLOR AND DELEGATES REPORTS ......................................................................... 7

12. COMMITTEE REPORTS ......................................................................................................... 7

12.01 LOCAL EMERGENCY MANAGEMENT COMMITTEE ................................................ 7 12.02 OBERON YOUTH COUNCIL ...................................................................................... 7 12.03 CTA AUDIT RISK AND IMPROVEMENT COMMITTEE .............................................. 8 12.04 COMMUNITY SERVICES COMMITTEE ..................................................................... 8

13. REPORTS FOR DECISION ..................................................................................................... 9

13.01 INVESTMENT POLICY 2211 REVIEW ....................................................................... 9 13.02 KERB & GUTTER POLICY 4105 - REVIEW OF DOCUMENT ................................... 10 13.03 DEVELOPMENT APPLICATION 10.2020.7.1 – CARPORT ...................................... 12 13.04 DEVELOPMENT APPLICATION 10.2019.81.1 – EXTENSION TO EXISTING SHED 12 13.05 DEVELOPMENT APPLICATION 10.2019.79.1 – NEW SHED .................................. 13 13.06 TOWN SIGNAGE DESIGN CONCEPTS EXHIBITION PERIOD EXTENSION .......... 14 13.07 DROUGHT COMMUNITIES PROGRAMME – EXTENSION PROJECT

PRIORITISATION ..................................................................................................................... 14

14. REPORTS FOR INFORMATION ........................................................................................... 15

14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER ........................................ 15 14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT ........................... 16 14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES ..................................... 16 14.04 MONTHLY ACTIVITY REPORT – CORPORATE SERVICES ................................... 16 14.05 STATEMENT OF INVESTMENTS ............................................................................ 17 14.06 GRANTS MONTHLY UPDATE ................................................................................. 17 14.07 WATER AND SEWER PLANT REPORT................................................................... 18 14.08 WATER USAGE – DROUGHT ASSISTANCE........................................................... 18 14.09 INTERNAL CONTRACT AND PROJECT MANAGEMENT AUDIT UPDATE ............. 19 14.10 CODE OF CONDUCT COMPLAINTS REPORTING ................................................. 19 14.11 IMPACTOF NEW LAND VALUES ON RATES LEVY ................................................ 20 14.12 SIX MONTHLY DELIVERY PLAN REPORT ............................................................. 20 14.13 2019/20 SECOND QUARTER BUDGET REVIEW STATEMENT .............................. 20 14.14 LEGAL AND CONSULTANCY FEES ........................................................................ 21

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 3 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

14.15 CHANGES TO THE AUSTRALIAN ACCOUNTING STANDARDS ............................ 21 14.16 ANALYSIS OF NSW COUNCILS AUDITED 2018-19 FINANCIAL STATEMENTS .... 22 13.08 LATE REPORT - BUSHFIRE RECOVERY FUNDING FOR COUNCILS ................... 22

15. URGENT BUSINESS ............................................................................................................. 23

16. CLOSED SESSION / CONFIDENTIAL REPORTS ................................................................ 23

16.01 WATER WRITE OFF REQUEST – ACCOUNT 12365584 ......................................... 24 16.02 ASSET MANAGEMENT - TRANSPORT INFRASTRUCTURE REVALUATION ........ 25 14.14 LEGAL AND CONSULTANCY FEES ........................................................................ 25

17. CLOSURE OF MEETING ...................................................................................................... 26

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 4 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

1. OPENING OF MEETING

The Mayor welcomed members and declared the meeting open at 5.30pm. The meeting is being recorded for the purpose of webcasting an audio recording of the meeting. In accordance with clause 5.19 of Council’s Code of Meeting Practice – Policy 1101 the audio recording will be available on Council’s website www.oberon.nsw.gov.au within 5 working days of the meeting being held. The audio recording of Oberon Council Meetings can be listened to on a mobile device or PC. Persons attending a Council meeting consent to the possibility that their voice may be broadcast to the public and should refrain from making any defamatory statements. Audio of Council Meetings or parts thereof cannot be copied, recorded, reproduced, reused or transmitted without the prior written consent of the General Manager.

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 was opened in prayer by Clr Ian Doney.

4. RECORD OF ATTENDANCE

Members Mayor Kathy Sajowitz (in the Chair) Deputy Mayor Mark Kellam Clr Don Capel Clr Ian Doney Clr Kerry Gibbons Clr Brenda Lyon Clr Clive McCarthy Clr Mick McKechnie Clr Andrew McKibbin

Staff Gary Wallace, General Manager Lynette Safranek, Corporate Services Director

Chris Schumacher, Technical Services Director Sharon Swannell, Executive Coordinator Apologies Bruce MacDonnell, Acting Planning and Development Director

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 5 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

5. DECLARATIONS OF INTEREST

File No: Governance/Councillors/Declarations of Interest

Pecuniary - Clr McKibbin declared an interest in report item 14.08, Clr McKibbin has purchased water under the drought water assistance.

Clr Capel declared an interest in report item 14.08, Clr Capel has purchased water under the drought water assistance.

Non-Pecuniary Significant

-

Non-Pecuniary Less than Significant

- Clr Kellam declared an interest in report item 13.08 in relation to the Winter Botanica event, Clr Kellam’s wife is a coordinator of the event.

6. PRESENTATIONS

A verbal presentation was provided by the Coordinators of the Oberon Mid-Winter Botanica Event, Julie Huie and Lexi Kellam who provided an update about the event organisation. They also plan to provide further updates in April and June 2020. An organising committee has been formed. They are currently working on building a website for the event. They plan to utilise the Experience Oberon Facebook page to promote the event on social media. Flyers and posters etc. are also currently being produced. They have obtained sponsorship from Oberon First National Real Estate, Oberon Business and Tourism Association as well as the Oberon Garden Club. An application for funding has been lodged with the Veolia Mulwaree Trust, however the outcome of this application won’t be known for some time yet. They requested Council consider supporting the event with a Eucalypt Sponsorship. Clr Doney asked how the event was being synchronised with Bathurst and Mayfield Garden Winter events. The coordinators advised that the event is being held on the first weekend of the School Holidays which coincides with the opening of the Bathurst Winter event. Mayfield Garden Winter Festival dates are not confirmed at this stage. The Mayor advised that for Council to consider sponsorship it would need to receive a request in writing and thanked Julie and Lexi for the presentation.

7. QUESTIONS FROM THE PUBLIC

Robin Wiseman asked two questions of Council as follows: 1. Is Council aware of any health studies regarding the installation of 5G? 2. Has any plans been discussed involving the concreted area at the Recreation Ground where

the old Skate Park equipment has been removed and could Council consider resurfacing that area to make it suitable for roller skating and possibly a basket ball hoop for children?

The Mayor responded advising that there have been health studies done and there is no plan for 5G in this area. The Mayor also requested that in relation to the suggestion for the Recreation Ground that Robin provide this request in writing to Council.

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 6 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

8. CONFIRMATION OF MINUTES

Ordinary Meeting 17 December 2019 Moved: Kellam Second: McKibbin That the Minutes of the Ordinary Meeting held on 17 December 2019 be confirmed. Carried 01 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil Matters Arising from the Minutes

Councillor McCarthy asked has Council received a response from Forestry Corporation regarding the question from the Notice of Motion at the December Meeting. The General Manager advised a response has not been received as yet. Councillor McKibbin asked a question in relation to resolution 20 171219 in relation to watering of sporting grounds using fixed sprinkler systems and asked was a further resolution required in relation to non-fixed sprinkler systems. The Technical Services Director advised that options for watering of the Leagues Grounds with non-fixed sprinklers had been investigated. The General Manager advised that the current resolution was for automated systems and Council would need to look at options for the operation of non-fixed sprinklers. Clr McKibbin requested a review and further report in relation to this item.

9. MAYORAL MINUTE AND REPORT

09.01 MAYORAL MINUTE AND REPORT

File No: Governance/Meetings/Ordinary Author: Clr Kathy Sajowitz, Mayor

Summary

This report summarises the main activity for the Mayor since my last report.

Moved: McKibbin Second: Doney That Report Item 09.01 is received as information. Carried 02 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 7 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

10. NOTICES OF MOTIONS

Nil

11. COUNCILLOR AND DELEGATES REPORTS

Nil

12. COMMITTEE REPORTS

12.01 LOCAL EMERGENCY MANAGEMENT COMMITTEE

File: Governance/Meetings/Local Emergency Management Committee Author: Rebecca Burgess, Technical Services Administration

Summary Minutes of the Local Emergency Management Committee Meeting held on 9 December 2019 are submitted for Council’s information.

Moved: Capel Second: Gibbons That the Minutes of the Local Emergency Management Committee Meeting held on 9 December 2019 are received as information. Carried 03 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

12.02 OBERON YOUTH COUNCIL

File: Governance/Meetings/OYC Author: Lynette Safranek, Corporate Services Director

Summary

The Oberon Youth Council meeting is held on the fourth Wednesday of each month, except for January. This report provides an update on meetings and activities for the period covering October to December 2019.

Moved: Capel Second: McCarthy That report item 12.02 be received as information. Carried 04 180220

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 8 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil It was noted that the Minutes of the Oberon Youth Council Meeting held on 23 October 2019 require the following amendment: c) Sponsorship of a Local Youth “The Oberon Council Mayor Kathy Sajowitz has requested the Oberon Youth Council to consider assisting Cody Francis.”

12.03 CTA AUDIT RISK AND IMPROVEMENT COMMITTEE

File: Governance/Meetings/CTA ARIC Author: Lynette Safranek, Corporate Services Director

Summary

Minutes of the CTA ARIC Committee Meeting held on 3 December 2019 are submitted for Council’s information and consideration.

Moved: Kellam Second: Doney That Council: 1. Receive for information and note the Minutes of the CTA Audit Risk and Improvement

Committee (ARIC) Meeting held on 3 December 2019.

2. Appoint Councillor Kellam to be a voting member on the ARIC Committee.

3. Note the content of Oberon Councils submission in relation to the ARIC framework and note that the OLG proposal for ARIC is functionally divisive, expensive and provides no guarantees at all that outcomes will be improved under this approach.

Carried 05 180220 Division: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

12.04 COMMUNITY SERVICES COMMITTEE

File: Governance/Meetings/Community Services Committee Author: Lynette Safranek, Corporate Services Director

Summary

Minutes of the Community Services Committee Meeting held on 6 February 2020 are submitted for Council’s information and consideration.

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 9 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Moved: McKibbin Second: McCarthy That Council: 1. Receive report 12.04 as information.

2. Allocate funding for the Oberon Community Christmas Celebrations from Council’s community services events budget, instead of Town Improvement, from 2020/21 financial year, allowing greater flexibility for the Committee to spread the celebrations to the local villages within the Oberon LGA in future years.

3. Expand the Community Services Committee Working Party to at least 10 members, with invitations to Oberon Business and Tourism Association, Oberon Christmas Carols Committee, CanAssist, local church representatives, local businesses, and Council staff.

4. Instruct staff to send letters of thanks to the following businesses and community members who provided in-kind support: Oberon Men’s Shed, Spark Electrical, Peter Perrott, Marks Signage, Barkers Butchery, 1327 Media, Oberon Mitre10, Ross Street Saddlery, Oberon Craft Centre, Highland Pine, Malcolm Voerman, Warren Gilding, Brett Crichton, Denny Bennett, Oberon Pies & Pastries, and Hills Grammar College on behalf of the Community Services Committee and Council.

5. The Community Services Committee asks Council to accept the nomination for Lin Boswell to become a member of the Committee as the Oberon Rotary representative.

Carried 06 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13. REPORTS FOR DECISION

13.01 INVESTMENT POLICY 2211 REVIEW

File No: Governance/Policy Author: Theresa Boyd, Chief Financial Officer; Lisa Koleda, Management Accountant

Summary

Policy 2211 – Investment Policy adopted 16 July 2013 Minute 22160713; has been reviewed and updated in accordance with Legislation, LG Code of Accounting Practice and Financial Reporting, Australian Accounting Standards, and the Office of Local Government Circulars, as well as Ministerial Investments Orders.

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 10 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Moved: Sajowitz Second: Kellam That Council: 1. Approve Investment Policy 2211 in accordance with report 13.01 for public exhibition for a

period of 28 days. 2. Endorse Policy 2211 should no submissions be received during the exhibition period otherwise

a further report be tabled at the first available meeting after the exhibition period. Carried 07 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.02 KERB & GUTTER POLICY 4105 - REVIEW OF DOCUMENT

File No: Governance/Policy Author: Gary Wallace, General Manager

Summary

Policy 4105 – Kerb and Gutter Construction Policy Adopted 12 August 2008 Minute B36 Minute 52; has been reviewed and updated in accordance with Legislation and the Local Government Act 1993.

Moved: McKibbin Second: Doney That Council: 1. Approve amended Policy 4105 for public exhibition for a period of 28 days;

2. Council endorse appropriate contributions proposed to be collected for properties with single and properties with dual frontages

3. Endorse Policy 4105 should no submissions be received during the exhibition period otherwise a further report be tabled at the first available meeting after the exhibition period.

Amendment Moved: Doney Second: Gibbons 1. Approve amended Policy 4105 for public exhibition for a period of 28 days;

2. Council include a 50% charge for a single frontage block and a single 50% contribution for dual frontage (corner block) only attributed to the larger street to be collected for properties.

3. Endorse Policy 4105 should no submissions be received during the exhibition period otherwise a further report be tabled at the first available meeting after the exhibition period.

The amendment was put and lost. The original motions stands.

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 11 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Division:

Votes for: Nil Votes against: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Further Amendment moved: McKibbin Second: Capel That Council: 1. Approve amended Policy 4105 for public exhibition for a period of 28 days;

2. Endorse the wording within page 53 of the draft policy which states “For corner properties Council will seek a contribution from the owner equivalent to half the cost (50%) for the front (or short) boundary and one quarter the cost (25%) for the side (or long) boundary, as stipulated in Council’s Fees and Charges.”

3. Endorse Policy 4105 should no submissions be received during the exhibition period otherwise a further report be tabled at the first available meeting after the exhibition period.

The amendment was put and won, the amendment becomes the motion. Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil Moved: McKibbin Second: Capel That Council: 1. Approve amended Policy 4105 for public exhibition for a period of 28 days;

2. Endorse the wording within page 53 of the draft policy which states “For corner properties Council will seek a contribution from the owner equivalent to half the cost (50%) for the front (or short) boundary and one quarter the cost (25%) for the side (or long) boundary, as stipulated in Council’s Fees and Charges.”

3. Endorse Policy 4105 should no submissions be received during the exhibition period otherwise a further report be tabled at the first available meeting after the exhibition period.

Carried 08 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 12 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

13.03 DEVELOPMENT APPLICATION 10.2020.7.1 – CARPORT

File No: Property/PO49-20 Author: Health and Building Surveyor, Kerry Davison

Summary A Development Application has been received for the construction of a carport at 20 Scotia Avenue, Oberon with particular reference Part C.5.5 – “Building Height Plane” and Part C6.4 – “Carports and Garages”.

Moved: McCarthy Second: Kellam

That: 1. Council vary Part C.5.5 – “Building Height Plane” and Part C6.4 – “Carports and Garages” of its

current DCP 2001 associated to Development Application 10.2020.7.1 for construction of a carport at Lot 67 in DP 2364 Section B being known as 20 Scotia Avenue, Oberon.

2. A division be called in accordance with Section 375A of the Local Government Act 1993. Carried 09 180220 In accordance with Section 375A of The Local Government Act 1993 the following votes are recorded for and against the Motion: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.04 DEVELOPMENT APPLICATION 10.2019.81.1 – EXTENSION TO EXISTING SHED

File No: Property/PO8-47 Author: Town Planner, Dylan Furnell

Summary A Development Application has been received for an extension to an existing shed at 47 Bligh Street OBERON. In accordance with Oberon’s Development Control Plan (DCP) 2001 prior to the determination of the Development Application, Council is required to approve a variation to allow greater than 60m2 of total carport and garage floor space (Clause C.6.4 – Carports and Garages). The proposed shed has a total area of 60m2 (4m x 15m) which accompanied with the other constructed and approved verandahs and carports on the land results in a total coverage of over 60m2. The maximum floor space required within clause C.6.4 of the Oberon Development Control Plan 2001 (DCP) is 60m2. Although over the 60m2 limit the shed will not impact the neighbouring properties in regard to privacy or overshadowing due to its location south of the nearest dwelling.

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Page 13 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Moved: Capel Second: McKechnie That 1. Council vary clause C.6.4 – Carports and Garages of the Oberon Development Control Plan

2001 associated DA 10.2019.81.1 for a proposed extension to existing shed resulting in over 60m2 in total garage and carport area on Lot 7 in DP 758805, Section 62, 47 Bligh Street OBERON.

2. A division be called in accordance with Section 375A of the Local Government Act 1993 Carried 10 180220 In accordance with Section 375A of The Local Government Act 1993 the following votes are recorded for and against the Motion: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.05 DEVELOPMENT APPLICATION 10.2019.79.1 – NEW SHED

File No: Property/PO7-18B Author: Town Planner, Dylan Furnell

Summary A Development Application has been received for an extension to an existing shed at 18B Blenheim Avenue OBERON. In accordance with Oberon’s Development Control Plan (DCP) 2001 prior to the determination of the Development Application, Council is required to approve a variation to allow greater than 60m2 of total carport and garage floor space (Clause C.6.4 – Carports and Garages). The proposed shed has a total area of 49m2 (7m x 7m) which accompanied with another already constructed carport on the land results in a total coverage of over 60m2. The maximum floor space required within clause C.6.4 of the Oberon Development Control Plan 2001 (DCP) is 60m2. Although the development brings the total area over the 60m2 limit the shed will not impact the neighbouring properties in regard to privacy, visual impact or overshadowing due to its location over 7 metres from the nearest boundaries.

Moved: McKibbin Second: Kellam That: 1. Council vary clause C.6.4 – Carports and Garages of the Oberon Development Control Plan

2001 associated DA 10.2019.81.1 for a proposed extension to existing shed resulting in over 60m2 in total garage and carport area on Lot 101 in DP 1040347, 18B Blenheim Avenue OBERON.

2. A division be called in accordance with Section 375A of the Local Government Act 1993. Carried 11 180220

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Page 14 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

In accordance with Section 375A of The Local Government Act 1993 the following votes are recorded for and against the Motion: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.06 TOWN SIGNAGE DESIGN CONCEPTS EXHIBITION PERIOD EXTENSION

File No: Economic Development/Projects Author: Tourism and Economic Development Manager, Mathew Webb

Summary In December Council resolved to place Town Signage concepts on public exhibition with the period ending 7 February 2020. This report seeks council endorsement to extend the exhibition period for the mock place branding and town signage design concepts.

Moved: McKibbin Second: Kellam That Council extend the exhibition period for the mock place branding and town signage design concepts to the 20 March 2020. Carried 12 180220 Division: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.07 DROUGHT COMMUNITIES PROGRAMME – EXTENSION PROJECT PRIORITISATION

File No: Governance/Grants Author: Gillian Salmon Grants Coordinator

Summary On 28 November 2019, Council was advised that the Oberon Local Government Area has been allocated $1 million under the Drought Communities Programme (DCP) - Extension Round 2 to support communities impacted by the current drought. Council staff have been identifying projects that would be eligible for funding under this round of the Drought Communities Programme. High level project plans and cost estimates have been developed for 11 projects.

Council now need to prioritise the projects to make the most economic, efficient and cost effective use of the $ 1 million funding allocation. Development of an Adverse Events Plan is a mandatory requirement of Drought Communities Programme (DCP) - Extension Round 2. Council has been asked to submit one application listing each project as a separate milestone. The total value of funding for all milestones must not exceed $ 1 million. Projects must be completed by 31 December 2020.

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Page 15 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Moved: Capel Second: Kellam That Council 1. Prioritise projects for assessment by the Department of Industry, Innovation and Science (the

administering entity).

Project No. Description Indicative Cost

4 Stage 2 Footpaths and Fencing at O'Connell 184,000

7 Replace Toilets at Black Springs Hall 100,000

8 Burraga Hall Upgrades 80,000

5 Toilet at Oberon Skate Park 40,000

16 Swimming Pool Upgrades - Stage 4 Amenities and Upgrades

177,000

11 Equestrian Centre yards and facilities upgrade 50,000

9 Parking Bay at Oberon Skatepark 22,000

2 Smart Water Metres 714,096

2. Scope the works for priority projects and report back to Council in March the cost estimates for

each prioritised project. Carried 13 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14. REPORTS FOR INFORMATION

14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER

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

Summary

This report item summarises the main activity by the General Manager since the December 2019 Council Meeting. Items include Human Resources, Workplace Health & Safety, Community Activity, Regional Issues, Executive Management Team Meetings and planned activities.

Moved: McKibbin Second: Doney That report item 14.01 is received as information. Carried 14 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 16 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT

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

Summary

This report item summarises the main activity in the Planning and Development Department since the December 2019 Council Meeting.

Moved: McKibbin Second: Kellam That report item 14.02 is received as information. Carried 15 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director

Summary

This report provides a summary of the completed works for December 2019 and January 2020 and proposed works in the Technical Services area for the month of February 2020.

Moved: McKibbin Second: Gibbons That report item 14.03 be received as information. Carried 16 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.04 MONTHLY ACTIVITY REPORT – CORPORATE SERVICES

File No: Governance/Meetings/Ordinary Author: Lynette Safranek, Corporate Services Director

Summary

This report provides a summary of work within the Corporate Services Department during December 2019 and January 2020, plus planned activities for the upcoming months.

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 17 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Moved: Capel Second: Doney That report item 14.04 is received as information. Carried 17 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.05 STATEMENT OF INVESTMENTS

File No: Financial Management/Investments/Register Author: Lisa Koleda, Management Accountant; Lynette Safranek, Corporate Services Director

Summary

This report provides Council with the Statement of Investments as at 31 January 2020.

Moved: McKibbin Second: Kellam That Council receive report item 14.05 as information. Carried 18 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.06 GRANTS MONTHLY UPDATE

File No: Governance/Grants/ February 2020 Author: Gillian Salmon, Grants Coordinator

Summary

This report provides a summary of Grant Funding applications and submissions, both internal and external, during December 2019 and January 2020.

Moved: Doney Second: McKibbin That report item 14.06 is received as information. Carried 19 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 18 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

14.07 WATER AND SEWER PLANT REPORT

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director

Summary

Providing a summary of Oberon Council LGA water consumption and sewerage treatment processes for the months of December 2019 and January 2020 and Water NSW Oberon Dam Capacity Levels.

Moved: Kellam Second: Gibbons That report item 14.07 is received as information. Carried 20 180220 Division: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Clr McKibbin and Clr Capel declared an interest in report item 14.08. Clr McKibbin and Clr Capel left the meeting at 8.08pm.

14.08 WATER USAGE – DROUGHT ASSISTANCE

File No: Water Supply/Monitoring/Water Standpipe Author: Gary Wallace, General Manager

Summary

This report outlines the take up of drought assistance (water usage) for the period 9 November 2019 to 7 February 2020 and provides a summary of the drought assistance provided to the Oberon community since its introduction on 16 May 2018.

Moved: Sajowitz Second: Doney That: 1. Report item 14.08 be received for information.

2. The General Manager report back to the March Ordinary Meeting about the impact of Level 3 Water Restrictions on the residents across the Oberon Local Government Area.

Carried 21 180220 Division:

Votes for: Sajowitz; Kellam; Doney; Gibbons; Lyon; McCarthy; McKechnie Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 19 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Clr McKibbin and Clr Capel returned to the meeting at 8.23pm.

14.09 INTERNAL CONTRACT AND PROJECT MANAGEMENT AUDIT UPDATE

File No: S:/Governance/Ordinary/February Author: Gary Wallace, General Manager

Summary This report provides Council with an update on the progress of the Management Actions following the Contract and Project Management Audit reported to Council in October 2019.

Moved: Doney Second: Kellam That Report Item 14.09 is received as information. Carried 22 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy Votes against: McKibbin, McKechnie

14.10 CODE OF CONDUCT COMPLAINTS REPORTING

File No: S/Governance Author: Lynette Safranek, Corporate Services Director

Summary The Model Code of Conduct requires the complaints coordinator from each council to report on a range of complaints statistics to the council and to the Office of Local Government (OLG) within three months of the end of September each year (see clauses 11.1 and 11.2 of the Procedures for the Administration of The Model Code of Conduct for Local Councils in NSW, 2018).

Moved: Kellam Second: Capel That Report Item 14.10 is received as information. Carried 23 180220 Division: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 20 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

14.11 IMPACTOF NEW LAND VALUES ON RATES LEVY

File No: Governance/Ordinary/Confidential Author: Theresa Boyd, Chief Financial Officer

Summary

In July 2019 the Valuer General conducted a review of land values throughout NSW, all councils received this information in December 2019 and Oberon staff have completed a review of land value changes within Oberon LGA, which will come into effect in the 2020/21 rating period.

Moved: McKibbin Second: Capel That Council receive report 14.11 for information. Carried 24 180220 Division: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.12 SIX MONTHLY DELIVERY PLAN REPORT

File No: Governance/Meetings/February Author: Gary Wallace, General Manager; Lynette Safranek, Corporate Services Director;

Chris Schumacher, Technical Services Director

Summary This report provides a summary of progress over the six month period July to December 2019, in achieving the actions contained within the Delivery Program 2019-2022.

Moved: Capel Second: McKibbin That Report Item 14.12 is received as information. Carried 25 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.13 2019/20 SECOND QUARTER BUDGET REVIEW STATEMENT

File No: Governance/Meetings/Ordinary/February 2020 Author: Theresa Boyd, Chief Financial Officer; Lynette Safranek, Corporate Services Director

Summary The 2019/20 Second Quarter Budget Review Statement (QBRS) is presented with income and expenditure for the period from 1 October to 31 December 2019.

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 21 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Moved: McKibbin Second: Kellam That report item 14.13 is received as information. Carried 26 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.14 LEGAL AND CONSULTANCY FEES

File No: S:/Governance/Ordinary/February 2020 Author: Theresa Boyd, Chief Financial Officer; Lynette Safranek, Corporate Services Director

Summary

This report outlines Legal and Consultant transactions for the period 1 July to 31 December 2019.

Moved: McKibbin Second: McKechnie That Report item 14.14 be deferred to the Closed Session of Council in accordance with Section 10A(2)(a) of the Act as it contains personnel matters concerning particular individuals (other than Councillors) and confidential issues. Carried 27 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McKechnie; McKibbin Votes against: McCarthy

14.15 CHANGES TO THE AUSTRALIAN ACCOUNTING STANDARDS

File No: S:/Governance/Meetings/February 2020 Author: Theresa Boyd; Chief Financial Officer

Summary This report outlines some changes to the Accounting Standards to bring Australia and Local Government in line with International Financial Reporting Standards [IFRS].

Moved: McKibbin Second: McCarthy That Council accept report item 14.15 for information. Carried 28 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 22 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

14.16 ANALYSIS OF NSW COUNCILS AUDITED 2018-19 FINANCIAL STATEMENTS

File No: Financial Management/Audit Author: Theresa Boyd, Chief Financial Officer

Summary

This report offers an analysis completed on the Audited Financial Statements for NSW Councils by LG Solutions.

Moved: McKibbin Second: Doney That Council accept report item 14.16 for information. Carried 29 18020 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Clr Kellam declared an interest in report item 13.08. Clr Kellam left the meeting at 9.08pm. Clr Doney left the meeting at 9.09pm. Clr Doney returned to the meeting at 9.12pm.

13.08 LATE REPORT - BUSHFIRE RECOVERY FUNDING FOR COUNCILS

File No: Governance/Grants/ February 2020 Author: Gillian Salmon, Grants Coordinator, Mathew Webb Tourism and Economic Development Manager

Summary

This report provides information about funding opportunities to Oberon Council under the Bushfire Community Resilience and Economic Recovery Fund and the Regional Tourism Bushfire Recovery Grants.

Moved: McKibbin Second: Capel That: 1. Council note the information provided in the report.

2. Council liaise with the Oberon Business and Tourism Association.

3. Support the tourism revival initiatives proposed for funding highlighted within the report.

4. Support the Community Resilience event initiative as outlined in the report.

5. Council lodge an application under the Regional Tourism Bushfire Recovery Grant Program to develop Outdoor Week into a month long festival.

Carried 30 180220

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 23 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil Clr Kellam returned to the meeting at 9.14pm.

15. URGENT BUSINESS

Nil

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.

16.01 WATER WRITE-OFF REQUEST – ACCOUNT 12365584

File No: Governance/Ordinary/Confidential Author: Lynette Safranek, Corporate Services Director

This item is classified CONFIDENTIAL under Section 10A (2) (b) 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) (b) the personal hardship of any resident or ratepayer.

16.02 ASSET MANAGEMENT - TRANSPORT INFRASTRUCTURE REVALUATION

File No: Governance/Meetings/Confidential Author: Chris Schumacher, Technical Services Director; Lynette Safranek, Corporate Services Director

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: (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

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 24 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

14.14 LEGAL AND CONSULTANCY FEES

File No: S:/Governance/Ordinary/February 2020 Author: Theresa Boyd, Chief Financial Officer; Lynette Safranek, Corporate Services Director

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)(a) of the Act: (a) personnel matters concerning particular individuals (other than Councillors)

Moved: McKibbin Second: McKechnie That:

1. Council resolve into Closed Council to consider business identified, together with any late confidential reports tabled at the meeting.

2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public be

excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Section 10A(2) as outlined above.

3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.

Carried 31 180220 Division: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil Council moved into Closed Session at 9.15pm. Voice recording of the meeting was suspended at this point in time. Members of the public present left the meeting at this point in time.

16.01 WATER WRITE OFF REQUEST – ACCOUNT 12365584

File No: Governance/Ordinary/Confidential Author: Lynette Safranek, Corporate Services Director

Moved: McKechnie Second: Doney That the matter be deferred to the March 2020 Ordinary Meeting pending further information. Carried 32 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 25 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

16.02 ASSET MANAGEMENT - TRANSPORT INFRASTRUCTURE REVALUATION

File No: Governance/Meetings/February Author: Chris Schumacher, Technical Services Director; Lynette Safranek, Corporate Services Director

Moved: McKibbin Second: Kellam That Council:

1. Accept the Transport Asset Revaluation quotation from Assetic,

2. Approve a budget adjustment in the third quarter of 2019/20 for $160,000 to allow this work to be undertaken immediately, and

3. Give the General Manager delegation to engage Assetic.

Carried 33 180220 Division:

Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McKechnie; McKibbin Votes against: McCarthy

14.14 LEGAL AND CONSULTANCY FEES

File No: S:/Governance/Ordinary/February 2020 Author: Theresa Boyd, Chief Financial Officer; Lynette Safranek, Corporate Services Director

Moved: McKibbin Second: Kellam That: 1. Report 14.14 is received as information. 2. Council note that the funding for Crennan Legal in relation to a ratepayer code of conduct

complaint be reclassified to an Internal Complaint and further it be noted that the independent investigator has determined that Council has no case to answer in relation to the matter.

Carried 34 180220 Division: Votes for: Sajowitz; Kellam; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Open Council resumed at 10.08pm. Voice recording re-commenced at this point in time.

The Mayor advised that resolution 32 180220, 33 180220 and 34 180220 were made while the meeting was closed to the public. There were no members of the public present.

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Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 18 February 2020

Page 26 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 18 February 2020. ___________________________ ____________________________ General Manager Mayor

17. CLOSURE OF MEETING

The Mayor declared the meeting closed at 10.10pm. The next Ordinary Meeting of Oberon Council will be held on Tuesday 17 March 2020 commencing at 5.30pm in the Oberon Council Chambers, 137 – 139 Oberon Street, Oberon.