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Agenda and Business Paper for 19 November 2019 Ordinary Meeting

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Agenda and Business Paper for 19 November 2019 Ordinary Meeting 137 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] Email: [email protected] AGENDA AND BUSINESS PAPERS Oberon Council Ordinary Meeting Tuesday 19 November 2019 Commencing at 5.30pm at the Oberon Council Chambers 1 | P a g e Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019 2 | P a g e Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019 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................................................................................................................... 6 7. QUESTIONS FROM THE PUBLIC .......................................................................................... 6 8. CONFIRMATION OF MINUTES .............................................................................................. 6 9. MAYORAL MINUTE AND REPORT ........................................................................................ 7 09.01 MAYORAL MINUTE AND REPORT ............................................................................ 7 10. NOTICES OF MOTIONS ....................................................................................................... 11 10.01 NOTICE OF MOTION EXCLUDED ........................................................................... 11 11. COUNCILLOR AND DELEGATES REPORTS ....................................................................... 11 11.01 COUNTRY MAYORS ASSOCIATION – 1 NOVEMBER 2019 ................................... 11 11.02 UPPER MACQUARIE COUNTY COUNCIL MEETING - 1 NOVEMBER 2019 ........... 25 12. COMMITTEE REPORTS ....................................................................................................... 26 13. REPORTS FOR DECISION ................................................................................................... 26 13.01 POLICY REVIEW 1103 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS .................................................................................................. 26 13.02 2018/19 ANNUAL REPORT ...................................................................................... 41 13.03 DEVELOPMENT APPLICATION 10.2019.48.1 – TWO STOREY DWELLING .......... 47 13.04 DEVELOPMENT APPLICATION 10.2019.71.1 – GARAGE WITH ATTACHED CARPORT ................................................................................................................ 69 13.05 DEVELOPMENT APPLICATION 10.2019.74.1 – CARPORT AND PATIO ................ 73 13.06 AMENDMENT OF POLICY 3129 OBERON LAWN CEMETERY GUIDELINES AND REQUEST TO PLACE ON EXHIBITION NEW POLICY THE TRANSFER OR SALE OF A RIGHT OF BURIAL ................................................................................................ 78 13.07 FIXING LOCAL ROADS PROGRAM – FUNDING APPLICATION ............................. 84 14. REPORTS FOR INFORMATION ........................................................................................... 86 14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER ........................................ 86 14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT ........................... 94 14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES ................................... 100 14.04 MONTHLY ACTIVITY REPORT – CORPORATE SERVICES ................................. 109 14.05 WATER AND SEWER PLANT REPORT................................................................. 115 14.06 WATER USAGE – DROUGHT ASSISTANCE......................................................... 118 14.07 GRANTS MONTHLY UPDATE ............................................................................... 120 15. URGENT BUSINESS ........................................................................................................... 125 16. CLOSED SESSION / CONFIDENTIAL REPORTS .............................................................. 125 16.01 CITIZEN OF THE YEAR AWARDS ......................................................................... 125 16.02 ROAD MANAGEMENT AUDIT UPDATE, IMPLEMENTATION AND RESOURCING OF PROJECT ......................................................................................................... 126 17. CLOSURE OF MEETING .................................................................................................... 126 3 | P a g e Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019 1. OPENING OF MEETING The Mayor will welcome members and declare the meeting open. This meeting is being recorded for the purpose of testing voice recording equipment. The recording of this meeting will not be published. 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 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 Shane Wilson, Planning and Development Director Lynette Safranek, Corporate Services Director Chris Schumacher, Technical Services Director Sharon Swannell, Executive Coordinator Apologies Nil 4 | P a g e Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019 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 5 | P a g e Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019 6. PRESENTATIONS Presentation of Audited Financial Statements by Leanne Smith, Intentus. Presentation by Julie Huie & Lexi Kellam, Oberon Garden Club regarding a proposed event. 7. QUESTIONS FROM THE PUBLIC The community is to be given the opportunity to ask questions at the commencement of the council meeting, and the Mayor is to ask for questions from the gallery prior to the commencement of the ordinary meeting. Members of the public wishing to address Council are permitted to do so provided the following guidelines are adhered to. 1. The person asking the question at the Council meeting must clearly state their name and in what capacity they are acting. 2. If the person asking the questions is acting as another person/organisation’s agent they must advise Council if they have their prior consent/authority. Questions from the public is not an opportunity for debate with elected representatives or staff, it is an opportunity for the community to ask a question in relation to an issue or put a point of view relating to an issue that may be causing interest or concern. Due to time constraints a time frame of three minutes per speaker is allocated. All questions and comments must be directed through the Mayor and in the instance of a question, if it cannot be answered it will be taken on notice and a response given within a reasonable period of time. This is the only opportunity for a community member to address Council during an Ordinary Meeting.
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