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

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

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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

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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

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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

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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.

None received.

8. CONFIRMATION OF MINUTES

Ordinary Meeting 15 October 2019 ATTACHED is the Minutes of the Ordinary Council Meeting held on 15 October 2019

Recommendation:

That the Minutes of the Ordinary Meeting held on 15 October 2019 be confirmed.

Matters Arising from the Minutes

Nil

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

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.

Recommendation

That Report Item 09.01 is received as information.

A. Meetings 9 Oct Oberon Business and Tourism Association Meeting 9 Oct 2BS Radio Interview 14 Oct Cody Francis regarding selection for UK Soccer Tour 14 Oct O’Connell Valley Community Group Meeting 15 Oct Spartan Press Conference 15 Oct Ordinary Council Meeting 16 Oct 2BS Radio Interview 21 Oct Jenolan Caves Update with Jodie Anderson and Bob Conroy 23 Oct 2BS Radio Interview 24 Oct Christine Symington - NSW Health re Palliative Care 30 Oct RMS Bi-annual Meeting 30 Oct 2BS Radio Interview 1 Nov Country Mayors Association Meeting – Parliament House, Sydney 5 Nov The Hon Paul Toole MP official opening Meadows Road 6 Nov Meeting with John Borg and Mark Daniels re MOU 6 Nov 2BS Radio Interview 7 Nov Oberon Interagency Meeting 7 Nov Oberon Health Council Meeting 11 Nov Tiffany Boys, Columbia Aged Care 11 Nov Australia Day Working Party Meeting 11 Nov Finance Committee Meeting 11 Nov Works Committee Meeting

B. Representation 12 Oct Selling tickets for Pink Stumps Raffle 17 Oct Oberon Correctional Centre Graduation Ceremony (attended by Clr Capel) 19 Oct Welcome Zoo to Zoo Riders to Oberon 19 Oct Pink Stumps Mayoral Lunch Event 24 Oct Chifley RFS Cadet Graduation Ceremony 26 Oct Black Springs Heritage Festival 30 Oct Small Business Month Function – Lake Oberon Estate

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

31 Oct Country Mayors Association Dinner 2 Nov Downunder Jampot Rally Dinner 3 Nov Oberon Outdoor Week Redfin Roundup 9 Nov Oberon Masonic Lodge Open Day 9 Nov Oberon Writers Anthology Launch 11 Nov Oberon Children’s Centre 40 Anniversary

C. Correspondence 8 Oct Invitation to attend the Health Council Forum is being held on Wednesday 6 November in Parkes. 9 Oct Invitation from Mayor of Bathurst Regional Council, Cr Robert Bourke to attend the 2019 Bathurst 1000 Mayoral Luncheon on Saturday, 12 October 2019. 9 Oct Lachlan Regional Transport Committee notice that next meeting will be held in Cowra on Saturday 9 November 2019. 9 Oct Apology forwarded to Burraga and District Community Association unable to attend the October meeting. 9 Oct Mental Health Foundation of Australia, invitation to attend the Official Launch of National Mental Health Month 2019 being held at Parliament House, Canberra on Thursday 17 October 2019. 11 Oct Southern Lights providing an update on the Southern Lights NSW initiative. 11 Oct The Hon Matt Kean MP, Minister for Energy and Environment seeking Councils input to assist with increasing the size of the national parks system and seeking advice on land acquisition proposals that would add value to the national parks system in the electorate. 11 Oct Correspondence forwarded to David Henderson in response to concerns raised about online bookings for the Oberon – Mt Victoria Train Link bus route. 11 Oct The Hon Andrew Gee MP forwarding concerns in relation to Carlwood Road on behalf of Mr Gordon Bubb. 11 Oct The Hon Andrew Gee MP advising that grant applications for the next round of Festivals Australia funding is now open and closes Friday 18 October 2019. 11 Oct David Crough, Essential Energy forwarding a letter from Essential Energy’s General Manager Customer & Network Services - Private Electricity Network Assets - Bushfire & electrical safety risk management 11 Oct Peter Mordaunt re the GI Cancer Institute’s Gutsy Challenge Treasure Road event 11 Oct Tracie Armstrong, The Cities Power Partnership Team inviting communities to join Australia's largest local government climate network Cities Power Partnership. 11 Oct Cr Danielle Mulholland, Kyogal Council advising she is running for the position of rural/regional Director of the LGNSW Board. 11 Oct The Hon Paul Toole MP advising Council’s correspondence seeking assistance to facilitate the purchase of dental equipment has been passed to the Minister for consideration. 14 Oct The Hon Andrew Gee MP congratulations on election as Mayor. 14 Oct Lynne Makin, Executive Officer NSW Public Libraries Association circulating a motion which will be tabled at the AGM in relation to Library fines. 14 Oct Invitation to attend the launch of the Summer 2019 edition of Regional Lifestyle Magazine featuring Oberon, Coolamon and Temora. 14 Oct Kristy McBain, Mayor Bega Valley Shire Council regarding a proposed meeting with the Hon John Barilaro MP in relation to the new road funding arrangements for councils impacted by heavy haulage by forestry activities.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

14 Oct Burraga resident in relation to damaged signs in the Burraga area. 14 Oct Correspondence forwarded to the Hon Paul Toole MP seeking guidelines for the funding announced as part of the State Government election commitment and seeking an opportunity to meet in relation to these matters. 14 Oct The Hon Shelley Hancock MP advising that Premier Gladys Berejiklian and Deputy Premier John Barilaro have signed a new Intergovernmental Agreement to guide relations on strategic partnerships between the NSW Government and the Local Government sector. 16 Oct Correspondence to Neville Stapleton regarding Zoo to Zoo event stopping in Oberon on Saturday 19 October 2019. 17 Oct NSW Independent Commission Against Corruption providing a copy of the Commissions Interim Paper in relation to lobbying and influencing practices. 17 Oct The Hon Shelley Hancock MP advising the Government has released its response to the NSW Parliament’s Joint Standing Committee on Electoral Matters report into the impact of expenditure caps for local government election campaigns. 20 Oct Phillip Derriman thanks and congratulations for organising the Pink Stumps Mayoral Lunch event. 21 Oct Chair of Bioenergy Australia inviting Council to attend the national conference, Bioenergy Strong 2019 taking place in Brisbane from 13-14 November. 21 Oct The Hon Paul Toole MP responding to Councils letter in relation to the Fixing Local Roads Program and request to meet with Deputy Premier, the Hon John Barilaro MP. 22 Oct Lauren Trembath seeking an update regarding a proposed arboretum at the corner O’Connell and Mutton Falls Roads, O’Connell. 22 Oct Invitation to attend the Malachi Midsummer Night's Ball, being held on Saturday 21 December 2019. 22 Oct Correspondence forwarded by Local Government NSW from the Hon Rob Stokes MP in relation to the request for an extension to the scheduled time in which regional councils are required to prepare and complete their Local Strategic Planning Statements. 22 Oct Letters of thanks for sponsorship, auction donors and support of the Pink Stumps Mayoral Lunch forwarded to Bob and Anne Wilson; Phil Derriman; Bede Sajowitz NSW Umpires and Scorers Association; Brian & Racheal Maher; Wayne Barker; Borg Panels; Brian Harman; Oberon Golf Club; Mawhood Bros IGA; Oberon Pies & Pastries; Renzaglia Wines; Monica Vince; Victoria Theyers; Oberon Pharmacy; Rhonda Boyce and Fran Charge. 22 Oct The Hon Andrew Gee MP advising the Regional Agricultural Show Development Grants Program is now open and closes on Friday 13 December 2019. 23 Oct The Hon Shelley Hancock MP advising the newly formed and restructured Local Government Ministerial Advisory Group (MAG) met to discuss ways to enable closer collaboration and engagement between the local government sector and the NSW Government. 23 Oct John Coutis, announcing the dates that John is touring NSW and ACT schools in 2020. 24 Oct Christine Symington following up from meeting and providing a copy of the NSW Health Framework for End of Life and Palliative Care. 25 Oct Correspondence forwarded to the Hon Andrew Gee MP in response to concerns raided by Gordon Bubb re Carlwood Road. 25 Oct Correspondence forwarded to Cody Francis regarding the Oberon Youth Council resolution to provide sponsorship for his upcoming Soccer Camp in the UK. 25 Oct Invitation to attend the 2019 Charles Sturt Graduation Ceremonies.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

28 Oct Fluoride Free Australia providing information for the councillors of Oberon Council in relation to water fluoridation. 29 Oct Local Government Remuneration Tribunal advising it has commenced its review for the 2020 annual determination. 30 Oct Jennifer Floyd, Western NSW LHD regarding equipment to assist in attracting a private dentist to use the dental room at the hospital. 30 Oct Annabelle Gilbert, Oberon Hospital Auxiliary invitation to welcome guests to the Regional Conference Hospital Auxiliaries being held in Oberon 11 March 2020. 30 Oct Notification of proposal to install new Optus mobile phone infrastructure Adjacent to Carpark 2, 4655 Jenolan Caves Road. 30 Oct Sig Sovic in relation to questions raised at the October Ordinary Council Meeting. 31 Oct St Josephs Catholic School invitation to attend the end of year presentation being held on 18 December 2019. 1 Nov Invitation to attend the Black Springs Public School end of year presentation evening being held on 5 December 2019. 1 Nov Oberon Business and Tourism Association invitation to attend the Buy Local Campaign prize draw event being held on Friday 13 December. 1 Nov NSWPLA requesting all NSW councils present a report to a Council meeting seeking support for Renew Our Libraries Phase Two. 4 Nov Dennis Hughes Lachlan Regional Transport Committee providing a response from the Government regarding the River Street Bridge and bypass at Dubbo. 4 Nov Information provided to Deborah Hoolihan in response to enquiries about the proposed tour of Kalgoorlie Hall as part of the next Heritage Committee Meeting being held on Monday 25 November 2019. 4 Nov Lachlan Regional Transport Committee Agenda and Business Papers for the next meeting to be held on 9 November in Cowra. 4 Nov Australian Citizenship Ceremonies Team advising that the Department is currently in the process of redesigning the Australian citizenship certificate. 8 Nov Kate Bird invitation to attend an event being held on Sunday 10 November for future Showgirls in the Oberon area. 8 Nov Russell King, Solar Island providing information about floating solar cells and energy storage on water bodies. 11 Nov NSW Public Libraries Association Annual General Meeting Agenda and meeting papers.

Notes:

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

10. NOTICES OF MOTIONS 10.01 NOTICE OF MOTION EXCLUDED File No: Governance/Meetings/Ordinary Author: Clr Andrew McKibbin

General Managers Note: A Notice of Motion was lodged by Clr Andrew McKibbin but was deemed unlawful by the General Manager and therefore has been excluded.

11. COUNCILLOR AND DELEGATES REPORTS 11.01 COUNTRY MAYORS ASSOCIATION– 1 NOVEMBER 2019 File No: Government Relations/Local and Regional Liaison/CMA Author: Mayor Kathy Sajowitz

Summary On November 1 2019 Clr Kathy Sajowitz and General Manager Gary Wallace attended the NSW Country Mayors Association (NSWCMA) AGM and General Meeting held at NSW Parliament House in Macquarie St Sydney.

Recommendation:

That report item 11.01 be received as information.

Full minutes of both the Annual General Meeting and General Meeting FOLLOW.

AGM Apologies Accepted Previous Minutes Accepted Chairpersons Report Accepted 2018/19 Financial Report Accepted

Motion was resolved that: The current Chairperson, Vice Chairperson and Secretary be allowed to nominate for an executive position of the NSW CMA at the 2019 AGM, as is permissible under the constitution.

Returning Officer was appointed and the election of office bearers for 2019/20 was conducted.

Chair Clr Katrina Humphries Mayor Moree Plains Shire Council Secretary Moree Plains Shire Council GM

Executive Committee: Clr Ken Keith, Mayor Parkes Shire Council Clr Kathy Sajowitz, Mayor Oberon Council Clr Cath Reading, Mayor Narrabri Shire Council Clr Peter Petty, Mayor Tenterfield Shire Council Clr Liz Campbell, Mayor Kempsey Sire Council Clr John Seymour, Mayor Coolamon Shire Council

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

Alan Burgess retained the position of Secretariat.

Meeting dates for 2020 as follows: March 6, May 29, August 7 and November 6.

General Meeting

The following motions were resolved, that:  The NSWCMA Recycling Sub Committee support the LGNSW Conference motion on recycling (Clause 3).  A letter be sent to Minister for Energy and Environment Matt Kean, seeking a direct response to previous correspondence seeking further information on prioritisation of electricity grid connections at sub stations.  A letter be sent to Minister Adam Marshall to clarify the progress of the Crown Lands review and to invite the Minister to attend the next meeting of the organisation. Information be sought as to whether the LGNSW Summit on Crown Lands scheduled for November 12 2019 can be webcast, that this information be circulated to the membership.  The Country Mayors association to organise a meeting on the afternoon of 6 March 2020 following the Country Mayors meeting with invitations being extended to Minister for Water, Water NSW, and Commonwealth Water Environmental Holder and others  That representation is made to Energy Providers to review hardship provisions for residents affected by bush fire and who are being charged for the replacement of private poles and wires. Representation also is made to insurance regulators re automatic and specific inclusion of poles and wires in policies.

The following matters were included in General Business discussion:

 Oberon Mayor Clr Kathy Sajowitz spoke in relation to correspondence from the Hon Matt Kean, Minister for Energy and Environment seeking input from councils on the proposal to increase the National Park Estate in NSW by 200,000 hectares. The Minister is seeking information on suggested land available that may be worthy of inclusion. Cr Sajowitz advised member councils to consider the repercussions around nominating private land (as suggested by the Minister) for inclusion i.e. that land subsequently becoming unrateable. Also the road maintenance impost on councils who may nominate Crown Reserves.  Kyogle Mayor Danielle Mulholland spoke on the issue of private poles and wires replacement after bush fire damage and the impost on land owners. Special coverage can be accessed through insurance providers, damaged trunk lines are covered by energy providers but connections from the trunk line to sheds etc. are not. Drought affected farmers who have suffered bush fire damage cannot afford this cost.

Speakers were:

Shane Fitzsimmons AFSM, Commissioner NSW Rural Fire Service accompanied by Rob Rogers AFSM, Deputy Commissioner NSW Rural Fire Service

Since July 1 2019:  There has been 5,350 bush and grass fires across the state.  494,028 hectares burnt with 23 fires reaching Emergency Warning level and 33 fires reaching Watch and Act level.  There have been 801 aircraft actions across the state.  2.373 million litres of retardant dropped.  603 “out of area” personnel and 594 interstate personnel deployed.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

 420 houses, buildings or facilities have been destroyed and 216 damaged.

Lack of water is affecting some aerial firefighting operations particularly helicopter bucketing. To assist landholders a Special Fire Permit will be available this season to assist with the disposal of livestock. Legislative changes since 2002 have resulted in greater emphasis on bush fire protection in the development approval process and bush fire land maps guidelines released. A bush fire prone area is designated under legislation. There are three categories of Bush Fire Prone Land in NSW with buffer zones ranging from 30 metres to 100 metres. If a bush fire risk management plan applies to a council area, council must request the NSW RFS Commissioner to designate land considered to be bush fire prone. A revised 2019 PBP will be published shortly and adopted by legislation in early 2020.

Matt Fuller, Acting Deputy Secretary Regional and Outdoor Metropolitan, Transport for NSW

There is a 10 year blueprint and long term vision “Future Transport 2056”. Strategic priorities include Working in Partnership, Data Driven Decision Making, Technology and Innovation, Financial Sustainability, Place Based Integrated Service Design, Enabling the Mobility Ecosystem and Evolution at Work. These priorities are aimed at connecting regions in different ways. The Transport Department has been reorganised into two divisions of Customer Strategy and Technology Metro and Regional. Regional and Outer Metropolitan Division has 4,100 employees and a budget of $10.9 billion Regional NSW is a test bed for NSW in relation to new and innovative transport options including new intercity and regional rail fleets and working towards zero with road safety.

Gary White, Chief Planner, Planning Industry and Environment

Planning for the future must start with an understanding of the context for which we are planning. We are consuming more than twice what we can sustain. As populations grow so will demands for services and experiences. To maximise the opportunities to take Australia towards 2060 the CSIRO have identified Industry, Urban, Energy, Land and Culture as areas of planning focus. The NSW Government is committed to improving the planning systems through reforms to the EPA Act and a comprehensive regional planning framework. The planning system in NSW is becoming more strategically focused and outcome orientated. Rules for development ought to be rational, simple, prohibitive and prescriptive and they should be stable. The rules should be calibrated at the most appropriate assessment level from strategic planning, planning delivery platforms, infrastructure delivery, projects and DA’s. An overarching local strategic plan should include Land Use Vision, a Succinct Planning Context, Planning Priorities and a Monitoring and Reporting Program. A competent planning system relies on political will, competent professionals, good data and monitoring functions, appropriate capacity and resources, shared responsibilities across government and evidence based policy and a good legislative framework.

Notes:

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Country Mayors Association of NEW SOUTH WALES

Chairperson: Cr Katrina Humphries PO Box 420 Moree NSW 2400 02 6757 3222 ABN 92 803 490 533

AGM MINUTES

ANNUAL GENERAL MEETING

FRIDAY, 1 NOVEMBER 2019, THEATRETTE, PARLIAMENT HOUSE, SYDNEY

The meeting opened at 9.00 a.m.

1. ATTENDANCE: Armidale Regional Council, Cr Peter Bailey Bathurst Regional Council, Cr Bobby Burke, Mayor Bega Valley Shire Council, Cr Kristy McBain, Mayor Bellingen Shire Council, Cr Dominic King, Mayor Bellingen Shire Council, Ms Liz Jeremy, General Manager Bland Shire Council, Cr Brian Monaghan, Mayor Blayney Shire Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Ms Rebecca Ryan, General Manager Cabonne Shire Council, Cr Kevin Beatty, Mayor Cabonne Shire Council, Mr Brad Burns, General Manager Coolamon Shire Council, Cr John Seymour, Mayor Coonamble Shire Council, Cr Allan Karanouh, Mayor Cootamundra-Gundagai Regional Council, Cr Abb McAlister Dubbo Regional Council, Mr Michael McMahon, CEO Forbes Shire Council, Cr Phyllis Miller, Mayor Forbes Shire Council, Mr Steve Loane, General Manager Gilgandra Shire Council, Cr Ash Walker, Deputy Mayor Gilgandra Shire Council, Mr David Neeves, General Manager Glen Innes Shire Council, Cr Carol Sparkes, Mayor Griffith City Council, Mr Brett Stonestreet, General Manager Gunnedah Shire Council, Cr Jamie Chaffey, Mayor Gunnedah Shire Council, Mr Eric Growth, General Manager Gwydir Shire Council, Cr John Coulton, Mayor Gwydir Shire Council, Mr Max Eastcott, General Manager Hilltops Council, Cr Brian Ingram, Mayor Kempsey Shire Council, Cr Liz Campbell, Mayor Kiama Municipal Council, Cr Mark Honey, Mayor Kyogle Council, Cr Danielle Mulholland, Mayor Leeton Shire Council, Cr Paul Maytom , Mayor Leeton Shire Council, Ms Jackie Kruger, General Manager Lithgow City Council, Cr Ray Thompson, Mayor Lithgow City Council, Mr Graeme Faulkner, General Manager Page 2 Page 14

Lockhart Shire Council, Cr Roger Schirmer, Mayor Lockhart Shire Council, Mr Peter Veneris, General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Moree Plains Shire Council, Ms Libby Carter, Integrated Planning and Reporting Manager Murray River Council, Cr Christopher Bilkey, Mayor Narrabri Shire Council, Cr Catherine Redding, Mayor Narrabri Shire Council, Mr Stewart Todd, General Manager Narromine Shire Council, Cr Craig Davies, Mayor Oberon Council, Cr Kathy Sajowitz, Mayor Oberon Council, Mr Gary Wallace, General Manager Parkes Shire Council, Cr Ken Keith, Mayor Queanbeyan-Palerang Regional Council, Mr Tim Overall, Mayor Shellharbour City Council, Cr Marianne Saliba, Mayor Shoalhaven City Council, Cr Amanda Findley, Mayor Shoalhaven City Council, Mr Stephen Dunshea, CEO Singleton Council, Cr Sue Moore, Mayor Snowy Monaro Regional Council, Cr Peter Beer, Mayor Snowy Monaro Regional Council, Mr Peter Bascombe, General Manager Temora Shire Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Steve Firth, Director Administration and Finance Tenterfield Shire Council, Cr Peter Petty, Mayor Upper Lachlan Shire Council, Cr John Stafford, Mayor Uralla Shire Council, Cr Michael Pearce, Mayor Walcha Council, Cr Eric Noakes, Mayor Walcha Council, Ms Anne Modderno, General Manager Warrumbungle Shire Council, Cr Denis Todd, Mayor Warrumbungle Shire Council, Mr Roger Bailey, General Manager Wentworth Shire Council, Cr Melisa Hendrics, Mayor Wentworth Shire Council, Mr Ken Ross, General Manager LGNSW, President, Cr Linda Scott LGNSW, Chief Executive, Tara McCarthy

APOLOGIES: As read

2. ADOPTION OF MINUTES OF PREVIOUS MEETING:

RESOLVED that the minutes of the Annual General Meeting held on 2 November 2018 be accepted as a true and accurate record (Parkes Shire Council /Shell Harbour City Council).

3. Chairman’s Report RESOLVED That the Chairman’s report be received and noted (Moree Plains Shire Council /Coolamon Shire Council)

4. Secretaries Report – Financial Report RESOLVED That the financial reports for the 2018/19 year as tabled be accepted (Forbes Shire Council/ Singleton Council)

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5. Notice of Motion (Coolamon Shire Council, Cootamundra-Gundagai Regional Council, Lockhart Shire Council, Temora Shire Council) Cr Humphries vacated the Chair for this item and both Cr Humphries and Cr Pearce (Deputy Chairman) vacated the meeting room Cr Kathy Sajowitz Executive Member chaired the meeting Following two speakers for and two against Forbes Shire Council moved that the motion be put CARRIED RESOLVED That the current Chairperson, Vice Chairperson and Secretary be allowed to nominate for executive positions of the Country Mayors Association at the 2019 Annual General Meeting, as is permissible under clause 26 of the Association's Constitution (Tenterfield shire Council/Coolamon Shire Council)

Clr Humphries and Cr Pearce returned to the meeting room and Cr Humphries resumed chair of the meeting

6. Returning Officer

RESOLVED That the returning Officer for the conduct of the elections be Mr Allan Burgess (Parkes Shire Council / Coolamon Shire Council)

The Chairperson Cr Katrina Humphries Vacated the chair

7. Election of Office Bearers

7.1 Chairperson

The Returning Officer advised that he had received two nominations in writing for Cr Katrina Humphries, Mayor, Moree Plains Shire Council, who was nominated by Narrabri Shire Council and Temora Shire Council and for Cr Peter Petty, Mayor Tenterfield Shire Council, who was nominated by Uralla Shire Council and Moree Plains Shire Council. Cr Petty withdrew his nomination. The Returning Officer called for any further nominations for the position of Chairperson. No other nominations were received. As there was only one nomination the Returning Officer declared Cr Katrina Humphries elected Chairperson for the 2019/20 year

7.2 Vice Chairperson

The Returning Officer advised that he had received three nominations in writing. Cr Michael Pearce, Mayor, Uralla Shire Council who was nominated by Narrabri Shire Council and Temora Shire Council, Cr Kathy Sajowitz, Mayor, Oberon Council, who was nominated by Tenterfield Shire Council and Moree Plains Shire Council and Cr Amanda Findley, Mayor, Shoalhaven City Council, who was nominated by Bellingen Shire Council and Glen Innes Severn Council. Cr Sajowitz withdrew her nomination The Returning Officer called for any further nominations for the position of Vice Chairperson. No other nominations were received. As there were two nominations an election was to be held RESOLVED That the method of election be by open voting (Shellharbour City Council/Tenterfield Shire Council) Page 4 Page 16

Following the open vote the Returning Officer declared Cr Michael Pearce elected as Deputy Chairperson for the 2019/20 year

7.3 Secretary/Public Officer

RESOLVED That Mr Lester Rodgers General Manager, Moree Plains Shire Council, be appointed Secretary/Public Officer (Tenterfield Shire Council / Forbes Shire Council)

7.4 Executive

Nominations for the six positions on the Executive were called for. Nominations were received for Cr John Seymour, Coolamon Shire Council, Cr Allan Karanouh, Coonamble Shire Council, Cr Carol Sparks, Glen Innes Severn Council, Cr Liz Campbell, Kempsey Shire Council, Cr Catherine Redding, Narrabri Shire Council, Cr Kathy Sajowitz, Oberon Council, Cr Ken Keith, Parkes Shire Council, Cr Amanda Findley, Shoalhaven City Council and Cr Peter Petty, Tenterfield Shire Council RESOLVED That the method of election be by ordinary ballot (Bellingen Shire Council/ Shoalhaven City Council)

To allow the counting of votes the AGM was adjourned at 9.39am The AGM was resumed at 10.35am

Following the count of the votes by the Returning Officer and Cr Linda Scott, President LGNSW the Returning Officer declared the following delegates elected to the Executive for the 2019/20 year  Cr Ken Keith, Parkes Shire Council  Cr Peter Petty, Tenterfield Shire Council.  Cr Kathy Sajowitz, Oberon Council  Cr Catherine Redding, Narrabri Shire Council  Cr Liz Campbell, Kempsey Shire Council  Cr John Seymour, Cooloamon Shire Council

The Chairperson Cr Katrina Humphries resumed the chair

8. SETTING OF ANNUAL MEMBERSHIP FEES

RESOLVED That the fees for the 2019/20 year remain at $750 for Councils with a population of 10,000 and over, and Councils with a population of less than 10,000 paying 75% $562.50 (Singleton Council / Parkes Shire Council)

8. Secretariat

RESOLVED That Allan Burgess trading as Alkanat Consulting be appointed the Secretariat (Forbes Shire Council / Singleton Council)

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9. Meeting dates for 2020

RESOLVED that the meeting dates for 2020 be 6 March, 29 May, 7 August and 6 November ( Kyogle Council / Temora Shire Council)

There being no further business the meeting closed at 10.40 am.

Cr Katrina Humphries Chair – Country Mayor’s Association of NSW

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Country Mayors Association of NEW SOUTH WALES

Chairperson: Cr Katrina Humphries PO Box 420 Moree NSW 2400 02 6757 3222 ABN 92 803 490 533

MINUTES

GENERAL MEETING

FRIDAY, 1 NOVEMBER 2019 THEATRETTE, PARLIAMENT HOUSE, SYDNEY

The meeting opened at 9.40 a.m.

1. ATTENDANCE: Armidale Regional Council, Cr Peter Bailey Bathurst Regional Council, Cr Bobby Burke, Mayor Bega Valley Shire Council, Cr Kristy McBain, Mayor Bellingen Shire Council, Cr Dominic King, Mayor Bellingen Shire Council, Ms Liz Jeremy, General Manager Bland Shire Council, Cr Brian Monaghan, Mayor Blayney Shire Council, Cr Scott Ferguson, Mayor Blayney Shire Council, Ms Rebecca Ryan, General Manager Cabonne Shire Council, Cr Kevin Beatty, Mayor Cabonne Shire Council, Mr Brad Burns, General Manager Coolamon Shire Council, Cr John Seymour, Mayor Coonamble Shire Council, Cr Allan Karanouh, Mayor Cootamundra-Gundagai Regional Council, Cr Abb McAlister Dubbo Regional Council, Mr Michael McMahon, CEO Forbes Shire Council, Cr Phyllis Miller, Mayor Forbes Shire Council, Mr Steve Loane, General Manager Gilgandra Shire Council, Cr Ash Walker, Deputy Mayor Gilgandra Shire Council, Mr David Neeves, General Manager Glen Innes Shire Council, Cr Carol Sparkes, Mayor Griffith City Council, Mr Brett Stonestreet, General Manager Gunnedah Shire Council, Cr Jamie Chaffey, Mayor Gunnedah Shire Council, Mr Eric Growth, General Manager Gwydir Shire Council, Cr John Coulton, Mayor Gwydir Shire Council, Mr Max Eastcott, General Manager Hilltops Council, Cr Brian Ingram, Mayor Kempsey Shire Council, Cr Liz Campbell, Mayor Kiama Municipal Council, Cr Mark Honey, Mayor Kyogle Council, Cr Danielle Mulholland, Mayor Leeton Shire Council, Cr Paul Maytom , Mayor Page 2 Page 19

Leeton Shire Council, Ms Jackie Kruger, General Manager Lithgow City Council, Cr Ray Thompson, Mayor Lithgow City Council, Mr Graeme Faulkner, General Manager Lockhart Shire Council, Cr Roger Schirmer, Mayor Lockhart Shire Council, Mr Peter Veneris, General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Moree Plains Shire Council, Ms Libby Carter, Integrated Planning and Reporting Manager Murray River Council, Cr Christopher Bilkey, Mayor Narrabri Shire Council, Cr Catherine Redding, Mayor Narrabri Shire Council, Mr Stewart Todd, General Manager Narromine Shire Council, Cr Craig Davies, Mayor Oberon Council, Cr Kathy Sajowitz, Mayor Oberon Council, Mr Gary Wallace, General Manager Parkes Shire Council, Cr Ken Keith, Mayor Queanbeyan-Palerang Regional Council, Mr Tim Overall, Mayor Shellharbour City Council, Cr Marianne Saliba, Mayor Shoalhaven City Council, Cr Amanda Findley, Mayor Shoalhaven City Council, Mr Stephen Dunshea, CEO Singleton Council, Cr Sue Moore, Mayor Snowy Monaro Regional Council, Cr Peter Beer, Mayor Snowy Monaro Regional Council, Mr Peter Bascombe, General Manager Temora Shire Council, Cr Rick Firman, Mayor Temora Shire Council, Mr Steve Firth, Director Administration and Finance Tenterfield Shire Council, Cr Peter Petty, Mayor Upper Lachlan Shire Council, Cr John Stafford, Mayor Uralla Shire Council, Cr Michael Pearce, Mayor Walcha Council, Cr Eric Noakes, Mayor Walcha Council, Ms Anne Modderno, General Manager Warrumbungle Shire Council, Cr Denis Todd, Mayor Warrumbungle Shire Council, Mr Roger Bailey, General Manager Wentworth Shire Council, Cr Melisa Hendrics, Mayor Wentworth Shire Council, Mr Ken Ross, General Manager LGNSW, President, Cr Linda Scott LGNSW, Chief Executive, Tara McCarthy

APOLOGIES:

As submitted

SPECIAL GUESTS: Mr Rob Rogers AFSM, Deputy Commissioner, NSW Rural Fire Service, and Mr Cory Shackleton, Director Community Resilience, NSW Rural Fire Service Mr Matt Fuller, Acting Deputy Secretary, Regional and Outer Metropolitan, Transport for NSW and Peter Ryan, Senior Manager, Major Property Development and Corporate Real Estate, Corporate Services, Transport for NSW Mr Gary White, Chief Planner, Planning, Industry and Environment

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2. Mr Rob Rogers AFSM, Deputy Commissioner, NSW Rural Fire Service and Mr Cory Shackleton, Director Community Resilience, NSW Rural Fire Service So far this season there has been 5,350 bush and grass fires across the state since 1 July with 494,028 hectares burnt with 23 fires reaching Emergency Warning level and 33 fires reaching Watch and Act level. There have been 801 aircraft taskings across the state and 2.373 million litres of retardant dropped. 6.003 out of area personnel have been deployed and 594 interstate personnel deployed. 420 houses, buildings or facilities have been destroyed and 216 damaged. Lack of water is affecting some aerial fire fighting operations particularly helicopter bucketing. To assist landholders a Special Fire Permit will be available this season to assist with the disposal of livestock. Legislative changes since 2002 have resulted in greater emphasis on bush fire protection in the development approval process and bushfire land maps guidelines released. A bush fire prone area is designated under legislation. There are three categories of Bush Fire Prone Land in NSW with buffer zones ranging from 30 metres to 100 metres. If a bush fire risk management plan applies to a council area, council must request the NSW RFS Commissioner to designate land considered to be bush fire prone. A revised 2019 PBP will be published shortly and adopted by legislation in early 2020. Grassland deeming provisions introduced through PBP 2019 are 59m APZ – No bushfire protection measures 20m APZ – BAL 12.5 – Apply other BPM’s Less than 20m APZ – Full site assessment – Determine BAL – Apply other BPM’s

3. ADOPTION OF MINUTES OF PREVIOUS MEETING:

RESOLVED that the minutes of the General Meeting held on 2 August 2019 be accepted as a true and accurate record (Kyogle Council / Uralla Shire Council).

4. Matters Arising from the Minutes

Waste Levy Taskforce That it be noted that the Waste Levy Taskforce supports motion 3 LGNSW conference Waste and Recycling

Prioritisation of Electricity Grid Connections

RESOLVED That Minister Kean be asked for clarification and answers on how prioritisation of electricity grid connections are to be achieved (Bellingen Shire Council/ Glen Innes Severn Council)

5. CORRESPONDENCE Outward (a) Hon Adam Marshall MP, Minister for Agriculture and Western NSW, thanking him for his presentation to the 2 August meeting (b) Hon Mark Coulton MP, Minister for Regional Services, Decentralisation and Local Government, Assistant Trade and Investment Minister, thanking him for his presentation to the 2 August meeting

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(c) Geoff McKechnie APM, Assistant Commissioner, Commander, Western Region NSW Police Force, thanking him for his presentation to the 2 August meeting (d) Mr Richard Colbran, Chief Executive Officer, NSW Rural Doctors Network, thanking him for his presentation to the 2 August meeting (e) The Hon Shelley Hancock MP, Minister for Local Government, regarding the $50 limit on gifts under the Model Code of Conduct (f) Cr Linda Scott, President, Local Government NSW, advising that Country Mayors supports the removal of the minimum per capita amount grant under the Local Govt Financial Assistance Act 1995 (g) Executive Officer, Local Government Grants Commission, advising that Country Mayors supports the removal of the minimum per capita amount grant under the Local Govt Financial Assistance Act 1995 (h) Mr John Cleland, Chief Executive Officer, Essential Energy, expressing opposition to the announced 182 job cuts in regional NSW (i) The Hon Shelley Hancock MP, Minister for Local Government, forwarding copies of letters sent to the Premier and the Minister for Police and Emergency Services opposing RFS increased contributions (j) Cr Linda Scott, President, local Government NSW, forwarding copies of letters sent to the Premier and the Minister for Police and Emergency Services opposing RFS increased contributions (k) The Hon Gladys Berejiklian MP, Premier, requesting a reply to our letter opposing the RFS increases to take affect from the 2019-2020 year (l) The Hon Gladys Berejiklian MP, Premier, requesting that Benefit Cost Ratio analysis be removed for funding programs (m) Independent Pricing and Regulatory Tribunal, advising that the Association does not support the funding hierarchy recommended by IPART’s review of Local Government Costs

Inward (a) Hon Shelley Hancock MP, Minister for Local Government, regarding a Waste Levy Taskforce (b) Bruce Miller, Chair of Board, Local Government Super, regarding the Defined Benefits Scheme (c) Hon Gladys Berejiklian MP, Premier, regarding the Emergency Services Levy (d) Andrew Lewis, Executive Director, Energy Strategy, Planning, Industry and Environment regarding prioritization of electricity grid connections at substations (e) Hon Shelley Hancock MP, Minister for Local Government, regarding acceptance of gifts and benefits under the Model Code of Conduct (f) Hon Minister Barilaro MP, Deputy Premier, Minister for Regional NSW, Minister for Industry and Trade regarding royalties for regions (g) Essential Energy regarding workforce reshaping (h) Melanie Gibbons, MP, Parliamentary Secretary for Families, Disability, and Emergency Services, regarding the Emergency Services Levy for 2019-20 (i) Essential Energy regarding proposed workforce reductions

NOTED

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6. FINANCIAL REPORT

RESOLVED That the financial reports for the last quarter were tabled and accepted (Bathurst Regional Council / Parkes Shire Council)

7. Mr Matt Fuller, Acting Deputy Secretary, Regional and Outer Metropolitan, Transport for NSW and Peter Ryan, Senior Manager, Major property Development and Corporate Real Estate, Corporate Services, Transport for NSW There is a 10 year blueprint and long term vision “Future Transport 2056”. The vision comprises Core Values, Strategic Priorities, Those We Create Value For, and Primary Outcomes Strategic priorities include Working in Partnership, Data Driven Decision Making, Technology and Innovation, Financial Sustainability, Place Based Integrated Service Design, Enabling the Mobility Ecosystem and Evolution at Work. They are looking at connecting regions in different ways. The Transport Department has been reorganized with a regional focus with divisions of Customer Strategy and Technology, Greater Sydney and Regional and Outer Metropolitan under the Secretary Transport for NSW. Regional and Outer metropolitan Division has 4,100 employees and a budget of $10.9 billion Regional NSW is a test bed for NSW for new and innovative transport options including new intercity and regional rail fleets and working towards zero with road safety.

8. Mr Gary White, Chief Planner, Planning, Industry and Environment Planning for the future must start with an understanding of the context for which we are planning. We are consuming more than twice what we can sustain. Government policy will play an important role in developing new ways. As populations grow wealthier demand will rise for services and experiences. To maximise the opportunities to take Australia forward towards 2060 the CSIRO have identified Industry, Urban, Energy, Land and Culture. The NSW Government is committed to improving the planning systems through reforms to the EPA Act and a comprehensive regional planning framework. The planning system in NSW is becoming more strategic focused and outcomes orientated. Strategic planning is future orientated and presents a narrative or set of circumstances for the future. Rules for developing ought to be rational, they ought to be simple, they should be prohibitive and prescriptive and they should be stable. The rules should be calibrated at the most appropriate assessment level from strategic planning, planning delivery platforms, infrastructure delivery and projects and DA’s. An overarching local strategic plan will include Land Use Vision, a Succinct Planning Context, Planning Priorities, and a Monitoring and Reporting Program. A competent planning system relies on political will, competent professionals, good data and monitoring, appropriate capacity and resources, shared responsibilities across government and evidence based policy and good legislative framework

9. IPART Review of Reporting and Compliance Deferred to next meeting Page 6 Page 23

10. Additional Land for National Parks Cr Sajowitz, Oberon Council bought to members attention the letter all councils would have received from Minister Matt Kean dated 2 October, regarding increasing the size of the National Park system by 200,000 hectares, and seeking councils advice on land acquisition proposals, and suggesting that all concerned councils should respond to the letter

11. Crown Land Review

RESOLVED That the Country Mayors Association write to the Minister for Lands requesting information on the progress of the Crown Lands Review and the next steps to be taken and requesting that Councils that are impacted by the review be notified immediately and the Minister be invited to the next meeting of Country Mayors to be held in March 2020 (Orange City Council/Hilltops Council)

12. Murray Darling Basin Plan The Country Mayors association to organize a meeting on the afternoon of 6 March 2020 following the Country Mayors meeting with invitations being extended to Minister for Water, Water NSW, and Commonwealth Water Environmental Holder and others

13. Disaster Hardship Provisions

RESOLVED That Country Mayors write to the Minister for Environment, the Honourable Matt Kean, and the CEO of Essential Energy, asking them to review the hardship provisions in terms of bushfire and other disaster affected properties, to ensure continuity of service to rural communities and easing the related infrastructure-replacement financial burden on residents affected by disaster. and a copy of the letter be forwarded to members and the Insurance Council (Kyogle Council/Tenterfield Shire Council

14. FAG Grants Guest Speaker Chair of NSW Grants Commission, and Tim Hurst Office of Local Government be invited to a future meeting to discuss Minister Coultons remarks regarding FAG grants

There being no further business the meeting closed at 12.50pm.

Cr Katrina Humphries Chair – Country Mayor’s Association of NSW

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11.02 UPPER MACQUARIE COUNTY COUNCIL MEETING 1 NOVEMBER 2019 File No: Environmental Management/Meetings/Upper Macquarie County Council Author: Clr Don Capel

Summary The most recent meeting of the Upper Macquarie County Council was held at the Bathurst Regional Council offices in Kelso on 1 November 2019. The UMCC meeting was attended by Council’s delegates Clr Andrew McKibbin and Clr Don Capel.

Recommendation:

That the report item 11.02 is received as information.

Items of business included:

 Election of County Chairman and Deputy – Clr Ian North, Bathurst was elected Chairman unopposed. Clr Andrew McKibbin, Oberon was elected Deputy Chairman, also unopposed. Retiring Deputy, Clr David Kingham, Blayney was thanked for his years as Deputy.  The Council’s Quarterly Budget Review Statement, showed that Council’s projected financial position for the current financial year will be satisfactory, was adopted.  Roadside Vegetation Management – Council perceives an imbalance emerging between vegetation and habitat conservation and weed biosecurity in relation to roadside vegetation management. UMCC will continue to liaise with constituent Councils regarding their Roadside Vegetation Management Policies.  The Chief Weeds Officer reported that during the July – September quarter 383 inspections, including 49 reinspections were undertaken. Most inspections were of private land but also included public land and 33 inspections of road, rail and river corridors.  A number of Weed Risk Cluster Projects have been completed or are underway. These projects involve the mass inspection of properties on a high prevalence or high risk area. A State Forests Project has recently commenced in the Oberon area. The project will target a number of known weed problem areas along forest/private land boundaries and forest/roadside interfaces.  Councils annual spring aerial weed treatment program has been hampered by drought and unavailability of helicopters and crews which are busy with bush fires.

Notes:

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

12. COMMITTEE REPORTS Nil

13. REPORTS FOR DECISION 13.01 POLICY REVIEW 1103 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS File No: Governance/Policies Author: Gary Wallace, General Manager

Summary Policy 1103 Payment of Expenses and Provision of Facilities to Councillors has been reviewed and updated and placed on public exhibition. It is now required to be formally adopted by Council.

Recommendation

That Council adopt Policy 1103 Payment of Expenses and Provision of Facilities to Councillors noting submissions and amendments made to the policy following public exhibition.

Comment A copy of the amended Policy 1103 Payment of Expenses and Provision of Facilities to Councillors FOLLOWS.

A policy detailing the payment of expenses and provision of facilities to Councillors is required to be adopted by a council within 12 months of the term of a new council (section 252 LGA). Amendments to this policy are no longer required to be specifically notified to the Office of Local Government (section 253 LGA).

The purpose of this policy is to ensure there is accountability and transparency in the reimbursement of expenses to Councillors. The policy ensures that the facilities provided to assist Councillors to carry out their civic duties are reasonable, non-discriminatory and used in an equitable manner to enable the full participation by all Councillors.

In 2018 the Office of Local Government provided a template for Councils to consider when providing a Policy on Expenses and Provision of Facilities to Councillors. As a result a major review of the existing policy has been undertaken and provided in accordance with the recommended template.

Following public exhibition of the policy Council received a submission from Councillor McKechnie commenting that in the draft policy under Policy Summary there is a table listed as main expenses and facilities, this show a council vehicle and fuel card for the mayor. Under the frequency column it also indicates this is not relevant, however this may be perceived as providing a vehicle.

Page 2 of the policy has been amended to clarify any concern around this clause and to confirm that there is no provision of a car for the Mayor included in the policy as follows:

Council vehicle and fuel card Provided to the mayor and Not relevant councillors upon request for council matters

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POLICY 1103

PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

Contents

Policy summary 2 Part A – Introduction 3 1. Introduction 3 2. Policy objectives 3 3. Principles 3 4. Private or political benefit 4 Part B – Expenses 4 5. General expenses 4 6. Specific expenses 4 7. Insurances 8 8. Legal assistance 8 Part C – Facilities 9 9. General facilities for all councillors 9 10. Additional facilities for the mayor 9 Part D – Processes 10 11. Approval, payment and reimbursement arrangements 10 12. Disputes 11 13. Return or retention of facilities 11 14. Publication 11 15. Reporting 11 16. Auditing 11 17. Breaches 11 PART E – Appendices 12 Appendix I: Related legislation, guidance and policies 12 Appendix II: Definitions 13

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Policy summary

This policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties.

It ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under this policy.

The policy has been prepared in accordance with the Local Government Act 1993 (the Act) and Local Government (General) Regulation 2005 (the Regulation), and complies with the Office of Local Government’s Guidelines for the payment of expenses and provision of facilities to Mayors and Councillors in NSW.

The policy sets out the maximum amounts council will pay for specific expenses and facilities. Expenses not explicitly addressed in this policy will not be paid or reimbursed.

The main expenses and facilities are summarised in the table below. All monetary amounts are exclusive of GST.

Expense or facility Maximum amount Frequency

General travel expenses $9,000 total for all councillors Per year Interstate, overseas and long distance intrastate $9,000 total for all councillors Per year travel expenses Accommodation and meals As per the NSW Crown Employees Per meal/night (Public Service Conditions of Employment) Reviewed Award 2009, adjusted annually Professional development $9,000 total for all councillors Per year

Conferences and seminars $9,000 total for all councillors Per year ICT expenses I-Pad to each Councillor Term of Phone to the Mayor Council

Carer expenses $500 per councillor Per year Home office expenses $450 per councillor Per year

Christmas or festive cards 100 for the Mayor Per year Access to facilities in a Councillor common room Provided to all councillors Not relevant Council vehicle and fuel card Provided to the mayor and Not relevant councillors upon request for council matters Furnished office Provided to the mayor Not relevant

Additional costs incurred by a councillor in excess of these limits are considered a personal expense that is the responsibility of the councillor. Councillors must provide claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a council meeting every six months and published in full on council’s website. These reports will include expenditure summarised by individual councillor and as a total for all councillors.

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Part A – Introduction

1. Introduction

1.1. The provision of expenses and facilities enables councillors to fulfil their civic duties as the elected representatives of Oberon Council. 1.2. The community is entitled to know the extent of expenses paid to councillors, as well as the facilities provided. 1.3. The purpose of this policy is to clearly state the facilities and support that are available to councillors to assist them in fulfilling their civic duties. 1.4. Council staff are empowered to question or refuse a request for payment from a councillor when it does not accord with this policy. 1.5. Expenses and facilities provided by this policy are in addition to fees paid to councillors. The minimum and maximum fees a council may pay each councillor are set by the Local Government Remuneration Tribunal as per Section 241 of the Act and reviewed annually. Council must adopt its annual fees within this set range.

2. Policy objectives

2.1. The objectives of this policy are to:  enable the reasonable and appropriate reimbursement of expenses incurred by councillors while undertaking their civic duties.  enable facilities of a reasonable and appropriate standard to be provided to councillors to support them in undertaking their civic duties.  ensure accountability and transparency in reimbursement of expenses and provision of facilities to councillors.  ensure facilities and expenses provided to councillors meet community expectations.  support a diversity of representation.  fulfil the council’s statutory responsibilities.

3. Principles

3.1. Council commits to the following principles:  Proper conduct: councillors and staff acting lawfully and honestly, exercising care and diligence in carrying out their functions.  Reasonable expenses: providing for councillors to be reimbursed for expenses reasonably incurred as part of their role as councillor.  Participation and access: enabling people from diverse backgrounds, underrepresented groups, those in carer roles and those with special needs to serve as a Councillor.  Equity: there must be equitable access to expenses and facilities for all councillors.  Appropriate use of resources: providing clear direction on the appropriate use of council resources in accordance with legal requirements and community expectations.  Accountability and transparency: clearly stating and reporting on the expenses and facilities provided to councillors.

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4. Private or political benefit

4.1 Councillors must not obtain private or political benefit from any expense or facility provided under this policy. 4.2 Private use of council equipment and facilities by councillors may occur from time to time. For example, telephoning home to advise that a council meeting will run later than expected. 4.3 Such incidental private use does not require a compensatory payment back to council. 4.4 Councillors should avoid obtaining any greater private benefit from Council than an incidental benefit. Where there are unavoidable circumstances and more substantial private use of council facilities does occur, councillors must reimburse the council. 4.5 Campaigns for re-election are considered to be a political benefit. The following are examples of what is considered to be a political interest during a re-election campaign:  production of election material  use of council resources and equipment for campaigning  use of official council letterhead, publications, websites or services for political benefit  fundraising activities of political parties or individuals, including political fundraising events.

Part B – Expenses

5. General expenses

5.1. All expenses provided under this policy will be for a purpose specific to the functions of holding civic office. Allowances for general expenses are not permitted under this policy. 5.2. Expenses not explicitly addressed in this policy will not be paid or reimbursed.

6. Specific expenses

General travel arrangements and expenses

6.1. All travel by councillors should be undertaken using the most direct route and the most practicable and economical mode of transport. 6.2. Each councillor may be reimbursed from a pool for all Councillors of $9,000 per year, for travel expenses incurred while undertaking official business or professional development or attending approved conferences and seminars within NSW. This includes reimbursement:  for public transport fares  for the use of a private vehicle or hire car  for parking costs for Council and other meetings  for tolls  by Cabcharge card or equivalent  for documented ride-share programs, such as Uber, where tax invoices can be issued. 6.3. Allowances for the use of a private vehicle will be reimbursed by kilometre at the rate contained in the Local Government (State) Award.

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6.4. Councillors seeking to be reimbursed for use of a private vehicle must keep a log book recording the date, distance and purpose of travel being claimed. Copies of the relevant log book contents must be provided with the claim. Use of Council Vehicle 6.5 All reasonable travel costs for Councillors whilst on Council business will be reimbursed or paid by Council and will be in accordance with the following requirements:  Councillors may request the use of a Council Motor Vehicle, with arrangements where possible to share the use with other Councillors and staff.  A minimum of 48 hours notice is required for access to a vehicle for overnight use and 7 days notice for longer periods and reimbursement of travel claims will only be made when a Council Vehicle is not available. Interstate, overseas and long distance intrastate travel expenses 6.6 In accordance with Section 4, Council will scrutinise the value and need for councillors to undertake overseas travel. Councils should avoid interstate, overseas and long distance intrastate trips unless direct and tangible benefits can be established for the council and the local community. This includes travel to sister and friendship cities. 6.7 Total interstate, overseas and long distance intrastate travel expenses for all councillors will be capped from a pool for all Councillors of $9,000 per year. This amount will be set aside in Council’s annual budget. 6.8 Councillors seeking approval for any interstate and long distance intrastate travel must submit a case to, and obtain the approval of, the general manager prior to travel. 6.9 Councillors seeking approval for any overseas travel must submit a case to, and obtain the approval of, a full council meeting prior to travel. 6.10 The case should include:  objectives to be achieved in travel, including an explanation of how the travel aligns with current council priorities and business, the community benefits which will accrue as a result, and its relevance to the exercise of the councillor’s civic duties.  who is to take part in the travel.  duration and itinerary of travel.  a detailed budget including a statement of any amounts expected to be reimbursed by the participant/s. 6.11 For interstate and long distance intrastate journeys by air of less than three hours, the class of air travel is to be economy class. 6.12 For interstate journeys by air of more than three hours, the class of air travel may be premium economy. 6.13 For international travel, the class of air travel is to be premium economy if available. Otherwise, the class of travel is to be economy. 6.14 Bookings for approved air travel are to be made through the general manager’s office. 6.15 For air travel that is reimbursed as council business, councillors will not accrue points from the airline’s frequent flyer program. This is considered a private benefit. Travel expenses not paid by Council 6.16 Council will not pay any traffic or parking fines or administrative charges for road toll accounts. Accommodation and meals 6.17 In circumstances where it would introduce undue risk for a councillor to travel to or from official business in the late evening or early morning, reimbursement of costs for

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accommodation and meals on the night before or after the meeting may be approved by the general manager. This includes where a meeting finishes later that 9.00pm or starts earlier than 7.00am and the councillor lives more than 50 kilometres from the meeting location. 6.18 Council will reimburse costs for accommodation and meals while councillors are undertaking prior approved travel or professional development outside the Oberon Local Government Area. 6.19 The daily limits for accommodation and meal expenses within Australia are to be consistent with those set out in Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually. 6.20 The daily limits for accommodation and meal expenses outside Australia are to be determined in advance by the general manager, being mindful of Clause 6.19. 6.21 Councillors will not be reimbursed for alcoholic beverages. Refreshments for council related meetings 6.22 Appropriate refreshments will be available for council meetings, council committee meetings, councillor briefings, approved meetings and engagements, and official council functions as approved by the general manager. 6.23 As an indicative guide for the standard of refreshments to be provided at council related meetings, the general manager must be mindful of Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as adjusted annually. Professional development 6.24 Council will set aside $9,000 for councillor use annually, to be pooled in its budget to facilitate professional development of councillors through programs, training, education courses and membership of professional bodies. 6.25 In the first year of a new council term, Council will provide a comprehensive induction program for all councillors which considers any guidelines issued by the Office of Local Government (OLG). The cost of the induction program will be in addition to the ongoing professional development funding. 6.26 Annual membership of professional bodies will only be covered where the membership is relevant to the exercise of the councillor’s civic duties, the councillor actively participates in the body and the cost of membership is likely to be fully offset by savings from attending events as a member. 6.27 Approval for professional development activities is subject to a prior written request to the general manager outlining the:  details of the proposed professional development  relevance to council priorities and business  relevance to the exercise of the councillor’s civic duties. 6.28 In assessing a councillor request for a professional development activity, the general manager must consider the factors set out in Clause 6.27, as well as the cost of the professional development in relation to the councillor’s remaining budget. Conferences and seminars 6.29 Council is committed to ensuring its councillors are up to date with contemporary issues facing council and the community, and local government in NSW. 6.30 Council will set aside $9,000 for councillor use annually, to be pooled in its budget to facilitate councillor attendance at conferences and seminars. This allocation is for all councillors. The general manager will ensure that access to expenses relating to conferences and seminars is distributed equitably.

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6.31 Approval to attend a conference or seminar is subject to a written request to the general manager. In assessing a councillor request, the general manager must consider factors including the:  relevance of the topics and presenters to current council priorities and business and the exercise of the councillor’s civic duties  cost of the conference or seminar in relation to the total remaining budget. 6.32 Council will meet the reasonable cost of registration fees, transportation and accommodation associated with attendance at conferences approved by the general manager. Council will also meet the reasonable cost of meals when they are not included in the conference fees. Reimbursement for accommodation and meals not included in the conference fees will be subject to Clauses 6.18-6.21. Information and communications technology (ICT) expenses 6.33 Council will provide an iPad or similar device for each councillor. These devices shall always remain in the possession of the Councillor during their term of office, and shall remain the property of Oberon Council. 6.34 Councillors will be given the option to purchase the allocated device at the depreciated book value at the end of the term of each elected member. 6.35 It is acknowledged that Councillors may need to access the iPad, or similar device, when absent on holidays, to maintain communication and receive information. Personal or private use is deemed to be incidental. When travelling overseas approval from the General Manager is required to use the iPad, or similar device, and to make arrangements to avoid excessive charges. Special requirement and carer expenses 6.36 Council encourages wide participation and interest in civic office. It will seek to ensure council premises and associated facilities are accessible, including provision for sight or hearing impaired councillors and those with other disabilities. 6.37 Transportation provisions outlined in this policy will also assist councillors who may be unable to drive a vehicle. 6.38 In addition to the provisions above, the general manager may authorise the provision of reasonable additional facilities and expenses in order to allow a councillor with a disability to perform their civic duties. 6.39 Councillors who are the principal carer of a child or other elderly, disabled and/or sick immediate family member will be entitled to reimbursement of carer’s expenses up to a maximum of $500 per annum for attendance at official business, plus reasonable travel from the principal place of residence. 6.40 Child care expenses may be claimed for children up to and including the age of 16 years where the carer is not a relative. 6.41 In the event of caring for an adult person, councillors will need to provide suitable evidence to the general manager that reimbursement is applicable. This may take the form of advice from a medical practitioner. Home office expenses 6.42 Each councillor may be reimbursed up to $450 per year for costs associated with the maintenance of a home office, such as minor items of consumable stationery and printer ink cartridges.

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7 Insurances

Councillors are to receive the benefit of insurance coverage affected by Oberon Council for: 7.6 In accordance with Section 382 of the Local Government Act, Council is insured against public liability and professional indemnity claims. Councillors are included as a named insured on this Policy.  Councillors Liability to a third party in the form of damages, compensation, interest and costs and defence costs arising from an error, misleading statement, conduct, omission, neglect or breach of duty by a Councillor. 7.7 Personal accident and personal injury while engaged in or on any Council activity subject to the limitations in Councils insurance policies. 7.8 Statutory Liability for fines or penalties arising out of an inadvertent breach of the law by a Councillor when exercising the functions of Council. 7.9 Council shall pay the insurance policy excess in respect of any claim made against a Councillor arising from Council business where a claim is accepted by Council’s insurers.

8 Legal assistance

8.1 Council may, if requested, indemnify or reimburse the reasonable legal expenses of:  a councillor defending an action arising from the performance in good faith of a function under the Local Government Act provided that the outcome of the legal proceedings is favourable to the councillor  a councillor defending an action in defamation, provided the statements complained of were made in good faith in the course of exercising a function under the Act and the outcome of the legal proceedings is favourable to the councillor  a councillor for proceedings before an appropriate investigative or review body, provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the matter has proceeded past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the councillor. 8.2 In the case of a code of conduct complaint made against a councillor, legal costs will only be made available where the matter has been referred by the general manager to a conduct reviewer and the conduct reviewer has commenced a formal investigation of the matter and makes a finding substantially favourable to the councillor. 8.3 Legal expenses incurred in relation to proceedings arising out of the performance by a councillor of his or her functions under the Act are distinguished from expenses incurred in relation to proceedings arising merely from something that a councillor has done during his or her term in office. For example, expenses arising from an investigation as to whether a councillor acted corruptly would not be covered by this section. 8.4 Council will not meet the legal costs:  of legal proceedings initiated by a councillor under any circumstances  of a councillor seeking advice in respect of possible defamation, or in seeking a non- litigious remedy for possible defamation  for legal proceedings that do not involve a councillor performing their role as a councillor. 8.5 Reimbursement of expenses for reasonable legal expenses must have Council approval by way of a resolution at a council meeting prior to costs being incurred.

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Part C – Facilities

9 General facilities for all councillors

Facilities 9.1 Council will provide the following facilities to councillors to assist them to effectively discharge their civic duties:  a councillor common room appropriately furnished to include telephone, photocopier, pigeon holes and appropriate refreshments (excluding alcohol)  personal protective equipment for use during site visits  a name badge which may be worn at official functions, indicating that the wearer holds the office of a councillor and/or mayor or deputy mayor. 9.2 Councillors may book meeting rooms for official business in a specified council building at no cost. Rooms may be booked through the Executive Coordinator. 9.3 The provision of facilities will be of a standard deemed by the general manager as appropriate for the purpose. Stationery 9.4 Council will provide the following stationery to councillors each year:  letterhead, to be used only for correspondence associated with civic duties  business cards  up to 200 ordinary postage stamps managed b the Executive Coordinator.  up to 100 Christmas or festive cards per year for the mayor on behalf of Council. 9.5 As per Section 4, stamps shall only be used to support a councillor’s civic duties. Councillor mail will only be posted using the stamps provided. Any stamps not used will not be carried over to the next year’s allocation. Administrative support 9.6 Council will provide administrative support to councillors to assist them with their civic duties only. Administrative support may be provided by staff as arranged by the general manager. 9.7 As per Section 4, council staff are expected to assist councillors with civic duties only, and not assist with matters of personal or political interest, including campaigning. Meals and Refreshments 9.8 Councillors will be provided with a meal and beverage when attending Council and Committee Meetings and other meetings as determined by the General Manager and/or Mayor. Serving of alcohol is at the discretion of the Mayor. 9.9 Catering for meals is arranged with local businesses on a rotational basis taking into account particular dietary requirements and preferences by Councillors.

10. Additional facilities for the mayor

10.1. Council will provide the mayor with a furnished office incorporating a computer configured to council’s standard operating environment, telephone and meeting space. 10.2. In performing his or her civic duties, the mayor will be assisted by a small number of staff providing administrative and secretarial support, as determined by the general manager.

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10.3. The number of exclusive staff provided to support the mayor and councillors will not exceed one full time equivalents. 10.4. As per Section 4, staff in the mayor’s office are expected to work on official business only, and not for matters of personal or political interest, including campaigning. Credit Card Facilities 10.5. A Council Credit Card with a financial limit of $2,000 will be allocated to the Mayor. This Credit Card is for the purpose of payments of approved expenses in accordance with this Policy.

Part D – Processes

11. Approval, payment and reimbursement arrangements

11.1. Expenses should only be incurred by councillors in accordance with the provisions of this policy. 11.2. Approval for incurring expenses, or for the reimbursement of such expenses, should be obtained before the expense is incurred. 11.3. Up to the maximum limits specified in this policy, approval for the following may be sought after the expense is incurred:  local travel relating to the conduct of official business  carer costs  ICT expenditure. 11.4. Final approval for payments made under this policy will be granted by the general manager or their delegate. Direct payment 11.5. Council may approve and directly pay expenses. Requests for direct payment must be submitted to the general manager for assessment against this policy using the prescribed form, with sufficient information and time to allow for the claim to be assessed and processed. Reimbursement 11.6. All claims for reimbursement of expenses incurred must be made on the prescribed form, supported by appropriate receipts and/or tax invoices and be submitted to the general manager. Notification 11.7. If a claim is approved, council will make payment directly or reimburse the councillor through accounts payable. 11.8. If a claim is refused, council will inform the councillor in writing that the claim has been refused and the reason for the refusal. Reimbursement to council 11.9. If council has incurred an expense on behalf of a councillor that exceeds a maximum limit, exceeds reasonable incidental private use or is not provided for in this policy:  council will invoice the councillor for the expense  the councillor will reimburse council for that expense within 30 days of the invoice date. 11.10. If the councillor cannot reimburse council within 30 days of the invoice date, they are to submit a written explanation to the general manager. The general manager may elect to deduct the amount from the councillor’s allowance. Page 36

Timeframe for reimbursement 11.11. Unless otherwise specified in this policy, councillors must provide all claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

12. Disputes

12.1. If a councillor disputes a determination under this policy, the councillor should discuss the matter with the general manager. 12.2. If the councillor and the general manager cannot resolve the dispute, the councillor may submit a notice of motion to a council meeting seeking to have the dispute resolved.

13. Return or retention of facilities

13.1. All unexpended facilities or equipment supplied under this policy are to be relinquished immediately upon a councillor or mayor ceasing to hold office or at the cessation of their civic duties. 13.2. Should a councillor desire to keep any equipment allocated by council, then this policy enables the councillor to make application to the general manager to purchase any such equipment. The general manager will determine an agreed fair market price or written down value for the item of equipment. 13.3. The prices for all equipment purchased by councillors under Clause 13.2 will be recorded in Council’s annual report.

14. Publication

14.1. This policy will be published on council’s website.

15. Reporting

15.1. Council will report on the provision of expenses and facilities to councillors as required in the Act and Regulations. 15.2. Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a council meeting every six months and published in full on council’s website. These reports will include expenditure summarised by individual councillor and as a total for all councillors.

16. Auditing

16.1. The operation of this policy, including claims made under the policy, will be included in council’s audit program and an audit undertaken at least every two years.

17. Breaches

17.1. Suspected breaches of this policy are to be reported to the general manager. 17.2. Alleged breaches of this policy shall be dealt with by following the processes outlined for breaches of the Code of Conduct, as detailed in the Code and in the Procedures for the Administration of the Code.

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PART E – Appendices

Appendix I: Related legislation, guidance and policies

Relevant legislation and guidance:  Local Government Act 1993, Sections 252 and 253  Local Government (General) Regulation 2005, Clauses 217 and 403  Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW, 2009  Local Government Circular 09-36 Guidelines for Payment of Expenses and Facilities  Local Government Circular 05-08 legal assistance for Councillors and Council Employees.

Related Council policies:  Model Code of Conduct

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Appendix II: Definitions

The following definitions apply throughout this policy. Term Definition accompanying person Means a spouse, partner or de facto or other person who has a close personal relationship with or provides carer support to a councillor appropriate refreshments Means food and beverages, excluding alcohol, provided by council to support councillors undertaking official business Act Means the Local Government Act 1993 (NSW) clause Unless stated otherwise, a reference to a clause is a reference to a clause of this policy Code of Conduct Means the Code of Conduct adopted by Council or the Model Code if none is adopted Councillor Means a person elected or appointed to civic office as a member of the governing body of council who is not suspended, including the mayor General Manager Means the general manager of Council and includes their delegate or authorised representative incidental personal use Means use that is infrequent and brief and use that does not breach this policy or the Code of Conduct long distance intrastate travel Means travel to other parts of NSW of more than three hours duration by private vehicle maximum limit Means the maximum limit for an expense or facility provided in the text and summarised in Appendix 1 NSW New South Wales official business Means functions that the mayor or councillors are required or invited to attend to fulfil their legislated role and responsibilities for council or result in a direct benefit for council and/or for the local government area, and includes:  meetings of council and committees of the whole  meetings of committees facilitated by council  civic receptions hosted or sponsored by council  meetings, functions, workshops and other events to which attendance by a councillor has been requested or approved by council professional development Means a seminar, conference, training course or other development opportunity relevant to the role of a councillor or the mayor Regulation Means the Local Government (General) Regulation 2005 (NSW) year Means the financial year, that is the 12 month period commencing on 1 July each year

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Approving Authority Oberon Council

Contact General Manager

Approval 17 September 2019

Revised: 16 December 2008: Item B1, Minute 29 20 October 2009: Item B20, Minute 30 19 October 2010:Resolution 24191010 18 October 2011: Resolution 1818011 20 November 2012 Minute No 31201112 19 November 2013 Minute No 13191113 21 October 2014 Minute No 22 211014 18 August 2015 Minute No 10 180815 30 November 2016 Minute No 02 301116 21 September 2017, Minute No. 18 210917 17 September 2019, Report Item xx Minute No. xxx

Next Revision Date September 2020

Issue Date to Staff September 2019

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

13.02 2018/19 ANNUAL REPORT File No: Governance/Ordinary/November 2019 Author: Lynette Safranek, Corporate Services Director

Summary

In accordance with Section 428 of the Local Government Act, Council provides the 2018/19 Annual Report for submission to the Minister in accordance with s426(5) and display on Council’s website.

Recommendation:

That Council: 1. Receive the Annual Report for the year ended 30 June 2019 as information. 2. Approve the upload of the Annual Report onto Oberon Council’s website by 30 November 2019, and 3. Notify the Office of Local Government that the Annual Report is on Oberon Council’s website and provide a copy of the Annual Report to the Minister in accordance with s426(5) of the Local Government Act 1993.

Comment Copies of Council’s Annual Report for the year ended 30 June 2019 is provided as a separate ATTACHMENT. The NSW Office of Local Government Annual Report Checklist FOLLOWS this report.

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.”

Council staff have confirmed that content required by the NSW Office of Local Government in the Annual Report Checklist has been included, if applicable, with the Annual Report.

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Council Annual Report Checklist

Description Reference Included? Within 5 months after the end of (financial) year, prepare a report as to councils Local Government Act 1993 Yes  No  achievements in implementing its delivery program and the effectiveness of the (Act) s 428(1) principal activities undertaken in achieving the objectives at which those principal activities are directed. The annual report of the year in which an ordinary election of councillors is held, Act s 428(2) Yes  No  must contain council’s achievements in implementing the community strategic plan over the previous four years. The annual report must be prepared in accordance with Integrated Planning and Act s 428(3) Yes  No  Reporting Guidelines (IP&R). Must contain a copy of the council’s audited financial reports prepared in Act s 428(4)(a) Yes  No  accordance with the Local Government Code of Accounting Practice and Financial Reporting (may be an attachment). Must contain other information as the IP&R Guidelines or the regulations may Act s 428(4)(b) Yes  No  require. Copy of the council’s annual report must be posted on the council’s website and Act s 428(5) Yes  No  be provided to the Minister for Local Government (via OLG). This can be done by notifying OLG of a URL link. Include particulars of any environmental upgrade agreement entered into by the Act s 54P(1) Yes  No  council. Report on activities funded via a special rate variation of general income Special Rate Variation Yes  No  including: Guidelines* (SRV • reporting requirements set out in the Instrument of Approval Guidelines) 7.1 • projects or activities funded from the variation • outcomes achieved as a result of the project or activities. Amount of rates and charges written off during year. Local Government (General) Yes  No  Regulation 2005 (Reg), cl 132 Details, including purpose of overseas visits by councillors, council staff or other Reg cl 217(1)(a) Yes  No  persons representing council (including visits sponsored by other organisations).

Page 42 Annual Report Checklist 2019 1

Total cost during the year of the payment of expenses of, and the provision of Reg cl 217(1)(a1) Yes  No  facilities to councillors in relation to their civic functions. (i), (ii), (iii), (iiia), (iv), (v), (vi), (vii), (viii) Identify separate details on the total cost of: • provision of dedicated office equipment allocated to councillors • telephone calls made by councillors • attendance of councillors at conferences and seminars • the provision of induction training and professional development for mayors and other councillors • training of councillors and provision of skill development • interstate visits by councillors, including transport, accommodation and other out-of-pocket travelling expenses • overseas visits by councillors, including transport, accommodation and other out-of-pocket travelling expenses • expenses of any spouse, partner or other person who accompanied a councillor in the performance of his or her civic functions, being expenses payable in accordance with the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors • expenses involved in the provision of care for a child of, or an immediate family member of, a councillor. Details of each contract awarded (other than employment contracts & contracts Reg cl 217(1)(a2) Yes  No  less than $150,000) including: (i), (ii) • name of contractor • nature of goods or services supplied • total amount payable. Summary of the amounts incurred by the council in relation to legal proceedings Reg cl 217(1)(a3) Yes  No  including: • amounts incurred by council in relation to proceedings taken by or against council (including out of court settlements) • summary of the state of the progress of each legal proceeding and (if finalised) the result. Include resolutions made concerning work carried out on private land, including: Reg cl 217(1)(a4) Yes  No  • details or a summary of any resolutions made under section; and & Act s 67, 67(2)(b)

Annual Report Checklist 2019 2 Page 43

• details or summary of any work carried out, where the charge is less than the approved fee, the proposed feed to be charged and the total amount subsidised by council. Total amount contributed or otherwise granted to financially assist others. Reg cl 217(1)(a5) & Yes  No  Act s 356 Statement of all external bodies that exercised functions delegated by council. Reg cl 217(1)(a6) Yes  No 

Statement of all corporations, partnerships, trusts, joint ventures, syndicates or Reg cl 217(1)(a7) Yes  No  other bodies in which council held a controlling interest. Statement of all corporations, partnerships, trusts, joint ventures, syndicates or Reg cl 217(1)(a8) Yes  No  other bodies (whether or no incorporated) in which the council participated during the year. Statement of activities undertaken to implement its EEO management plan. Reg cl 217(1)(a9) Yes  No 

Statement of the total remuneration package of the general manager including: Reg cl 217(1)(b)(i), Yes  No  • total value of the salary component of the package (ii), (iii), (iv), (v) • total amount of any bonus, performance or other payments that do not form part of the salary component • total amount payable by way of the employer’s contribution or salary sacrifice to any superannuation scheme to which the general manager may be a contributor • total value of any non-cash benefits for which the general manager may elect under the package • total amount payable by way of fringe benefits tax for any such non-cash benefits. Statement of the total remuneration packages of all senior staff members (other Reg, cl 217(1)(c) Yes  No  than GM), expressed as the total (not of the individual members) including: (i), (ii), (iii), (iv), (v) • total value of salary components of their packages • total amount of any bonus, performance or other payments that do not form part of salary components of their packages • total amount payable by the council by way of the employer’s contribution or salary sacrifice to any superannuation scheme to which any of the may be a contributor

Annual Report Checklist 2019 3 Page 44

• total value of any non-cash benefits for which any of them may elect under the package • total amount payable by way of fringe benefits tax for any such non-cash benefits. A statement detailing the stormwater management services provided (if levied). Reg cl 217(1)(e) Yes  No 

A statement detailing the coastal protection services provided (if levied). Reg cl 217(1)(e1) Yes  No 

Detailed statement, prepared in accordance with such guidelines as may be Reg cl 217(1)(f) Yes  No  issued by the Director-General from time to time, of the council’s activities during the year in relation to enforcing, and ensuring compliance with, the provisions of Companion Animals the Companion Animals Act 1988 (CA Act) and the Companion Animal Guidelines* (CA Guidelines) Regulation 2018, including: • lodgement of pound data collection returns with OLG (Survey of council seizures of cats and dogs) • lodgement of data about dog attacks with OLG • amount of funding spent on companion animal management and activities • community education programs carried out and strategies the council has in place to promote and assist the desexing of dogs and cats • strategies in place for complying with the requirement under s 64 of the CA Act to seek alternatives to euthanasia for unclaimed animals • off leash areas provided in the council area • detailed information on fund money used for managing and controlling companion animals in its area. Report on certain proposed capital works projects where a capital expenditure OLG Capital Expenditure Yes  No  review has been submitted. Guidelines* Councils considered to be ‘human service agencies’ under the Carers Carers Recognition Act Yes  No  Recognition Act 2010 (the CR Act) (provide services directed at carers and/or 2010, s 8(2) people being cared for by carers) must report on compliance with the CR Act for the reporting period. Information on the implementation of council’s Disability Inclusion Action Plan Disability Inclusion Act Yes  No  and give a copy to the Minister for Disability Services 2014, s 13(1) Particulars of compliance with and effect of planning agreements in force during Environmental Planning & Yes  No  the year. Assessment Act 1979,

Annual Report Checklist 2019 4 Page 45

s 7.5(5) Recovery and threat abatement plans - Councils identified in a plan as Fisheries Management Act Yes  No  responsible for implementation of measures included in the plan, must report on 1994, s220ZT (2) actions taken to implement those measures as to the state of the environment in its area. Details of inspections of private swimming pools. Include the number of Swimming Pools Act 1992 Yes  No  inspections that: (SP Act), s 22F(2) • were of tourist and visitor accommodation. Swimming Pools Regulation • were of premises with more than 2 dwellings. 2018 • resulted in issuance a certificate of compliance under s22D of the SP Act (SP Reg) cl 23 • resulted in issuance a certificate of non-compliance under cl 21 SP Reg. Information included on government information public access activity. Government Information Yes  No  (Public Access) Act 2009, s 125(1) Government Information (Public Access) Regulation 2018, cl 8 , Schedule 2 Information included on public interest disclosure activity. Public Interest Disclosures Yes  No  Act 1994, s 31 Public Interest Disclosures Regulation 2011, cl 4

Other annual reporting Councils must comply with other compliance and reporting requirements during the year. These are captured in OLG’s Calendar of Compliance and Reporting Requirements publication. The calendar is published annually on OLG’s website at www.olg.nsw.gov.au.

*Guidelines are available on OLG’s website.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

13.03 DEVELOPMENT APPLICATION 10.2019.48.1 – TWO STOREY DWELLING File No: PO40-105 Author: Town Planner, Dylan Furnell

Summary

A Development Application has been received for a new two storey dwelling at 105 Oberon Street, Oberon (Lot C in DP 396300). The application seek a variation with two clauses within the Oberon Development Control Plan 2001 (DCP) being C.5.5 – Building Height Plane and C.8.2 – Floor Space Ratio. It is subsequently required that Council determine the application due the number of variances with the DCP.

The proposed development is located in the B2 – Town Centre zone and consists of the construction of a new two storey dwelling on the land at the rear of the existing shop. The new dwelling is to be located 1.11m off of the western side boundary, 0.90m from the eastern side boundary, 6.20m from the existing shop facing south onto Oberon Street and 6.44 metres from the rear lane way.

The development is permissible within the B2 zone as prescribed by the Oberon Local Environmental Plan 2013. The development is consistent with the majority of the controls of the Oberon Local Environmental Plan 2013 and the Oberon Development Control Plan 2001. The development requires variation of clauses C.5.5 – Building Height Plane and C.8.2 – Floor Space Ratio of the DCP. The application was notified for a period of 17 days to adjoining property owners. The application has subsequently received no submissions from the public.

Recommendation

That:

1. Council approve Development Application 10.2019.48.1 for a new two storey dwelling at Lot C, in DP 396300, being known as 105 Oberon Street OBERON in accordance with Section 4.16 of the Environmental Planning and Assessment Act 1979 and conditions contained within this report, for the following reasons:

 The development is permissible on the site under the Oberon Local Environmental Plan 2013.  Although not consistent with DCP clauses C.5.5 – Building Height Plane and C.8.2 – Floor Space Ratio it is determined that the development is not likely to unreasonably impact on neighbouring properties and land users.  The development is consistent with all other controls of the Oberon Development Control Plan 2001 and Oberon Local Environmental Plan 2013.

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

Comments FOLLOWING are the plans and elevations relevant to this application.

1. PROPOSAL The proposal consists of a new two bedroom, two storey detached dwelling to be constructed behind the existing shop located at 105 Oberon Street Oberon. Parking for two vehicles is

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proposed via the rear laneway and pedestrian access will also be from the rear lane. The proposed building is located over 0.9m from all boundaries and is over 6 metres from the existing commercial building on the site.

2. SUMMARY The development is considered to be permissible within the Oberon Local Environmental Plan 2013. The development meets the controls of the Oberon Local Environmental Plan 2013 and the majority of controls within the Oberon Development Control Plan 2001 except C.5.5 – Building Height Plane and C.8.2 – Floor Space Ratio. Overall whilst the development is inconsistent with two clauses of the DCP, it is determined that the dwelling is unlikely to impact on neighbouring properties and land users.

3. LOCATION OF THE PROPOSAL The development is located at the rear of an existing shop which is located at 105 Oberon Street OBERON (Lot C in DP 396300). There are no easements on the subject land, the sewer runs within the laneway and an inspection point is visible on the rear boundary. It is likely that the sewer line runs from the existing shop to this point at the rear and may need consideration during construction. Neighbouring property to the east is used as commercial at the front and residential at the rear. Neighbouring property to the west is used as commercial only. The rear of the property is zoned as commercial but is used entirely as residential.

Figure 1: Commercial building on the western boundary of the development site.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

Figure 2: Location of the proposed dwelling from the rear lane.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

Figure 3: Location of the proposed dwelling from the rear of the existing shop.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

Figure 4: Location of the proposed vehicle entry to the rear parking area off the lane.

Figure 5: The existing commercial shop which exists at the front of the property.

Figure 6: Property to the east of the development site is used as a residential dwelling.

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

4. ZONING The land is zoned as B2 – Local Centre. All adjoining land is also zoned as B2 – Local Centre.

5. PERMISSIBILITY A dwelling is permissible with consent within the B2 – Local Centre zone. There is no minimum allotment size within the B2 zone.

6. EXISTING CONSENTS THAT RELATE TO THE LAND CDC 18.2016.2.1 – Shop Fit Out

7. HERITAGE No heritage items will be impacted from the development. Item 35 which is located across the road will not be impacted due to the location of the development at the rear of the existing shop. The development is not located within a heritage conservation area.

8. FINANCIAL IMPLICATIONS Developer contributions are payable at three quarters of the full rate as the number of bedroom is two (2).

9. STATE ENVIRONMENTAL PLANNING POLICIES No SEPP’s impacting on the assessment of this development.

10. OBERON LOCAL ENVIRONMENTAL PLAN 2013

Permissibility A dwelling is permissible with consent within the B2 – Local Centre zone as listed in the land use table of the OLEP 2013.

Zone Objectives The development meets the objectives of the zone as it will not reduce the capacity for the zone to provide a commercial purpose. The dwelling will also allow the shop located on the site to be operated by the resident of the dwelling if that is a pathway that is desired.

6.1 Earthworks All earthworks proposed are consistent with the exempt provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

6.6 Designated Buffer Area The development proposes to use double glazing on all windows which is deemed to comply with the requirements of section 6.6.

11. OBERON DEVELOPMENT CONTROL PLAN 2001

Part C Part C of the DCP relates to the old 2(v) zone which this land and all land surrounding included. Although the land is now B2 – Local Centre it is considered that Part C still relates to this land.

C.5.3 – Height of Buildings The two storey dwelling complies with the control as it is under the maximum of 5.5 metres in wall height.

C.5.5 – Building Height Plane At a maximum wall height of 5.3 and a setback to the eastern boundary of only 0.9 metres the dwelling is well short of the height plane requirement. The eastern wall does not comply for a total length of 11.7 metres. The western wall height is also 5.3 metres and only has a setback to the

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Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

western boundary of 1.11 metres. This is also well short of the requirement for building height plane and 11.7 metres of the wall is not compliant.

C.5.6 – Exemptions Due to the narrowness of the block at only 6.44 metres it is unlikely that either a single or two storey dwelling in this location would be able to comply with the height plane. It is considered that due to the north-south orientation of the land and the dwelling the western neighbour should receive ample sunlight from both northern and western aspects. The eastern neighbour should still receive sun from eastern and northern aspects.

C.5.7 – Street Setback The proposed dwelling is located at the rear of the existing shop located on the site. It is located over the 6 metre requirement for street setback from the rear lane.

C.5.8 – Design Principles The development has a simple design that does not feature any recessing to the first floor of the building which may make the building appear bulky from the sides. The building is however relatively small and the narrow block reduces the capacity to recess the top of the building.

C.5.9 – Orientation Generally the orientation will allow some northerly sun into the main living area and the master bedroom. The majority of other rooms will get some easterly or westerly sun throughout the day.

C.5.10 – Climate Control Double glazing to all windows will ensure that passive climate control is to a higher standard. The development complies with BASIX requirements.

C.5.11 – Visual Impact Visual impact to the laneway is negligible and the development presents reasonably to the lane. Visual impact to the western neighbour is negligible as the neighbour is a commercial business only and not a resident. The eastern neighbour operates as both a commercial business and resident and therefore some impact visually may be felt however it is not deemed to be unreasonable.

C.8.1 – General The development is considered to be medium density development due to the mixed use characteristics of the site. It is considered that mixed use development is appropriate in the B2 – Local Centre zone.

C.8.2 – Floor Space Ratio Floor space is approximately 181.7m2 which is 0.66:1 (66%) of the site area which is considered to meet the requirement of a maximum of 0.8:1 (80%). The site coverage sits at approximately 157.7m2 which is 56% of the total site area which is above the requirement of 50%. Whilst at variance with the DCP it is considered due to the location of the dwelling within the B2 zone, the existing use of the site being commercial and the site dimension constraints that 56% site coverage is not unreasonable. It is not likely that the increased site coverage will result in any increased impacts in regard to solar access etc. on neighbouring properties.

C.8.3 – Private Open Space The private open space meets the minimum requirements of 30m2 with a minimum dimension of 4 metres. In the current design there is an area of the site which achieves the minimum dimension of 4 metres both between the commercial building and the residency and between the car parking area and the residency. POS sits at a total of 38.44m2 accordingly with an area of approximately 6.2m x 6.2m between the commercial building and the proposed dwelling for sole use as POS.

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C.8.6 – On-Site Car Parking The development meets the car parking requirement for two on site car parking spaces which are accessed via the rear laneway.

C.8.7 – Residential and Commercial The residential and commercial components of the site are separated adequately. Parking areas for the residents are at the rear lane with all commercial parking on Oberon Street. The privacy and amenity of the residency will not be impacted from the commercial uses of the subject site or nearby commercial sites.

C.9 – Other Matters Outdoor clothes drying area can be provisioned within the POS or patio areas as a fold out system to ensure that usage of the area is maximised. All other matters are provided.

Part D The development will not impact the operations of commercial businesses which are operating on the site or on neighbouring sites.

Part F Two on site parking spaces have been provisioned and are deemed to be sufficient according to the parking table within F.5.4.

Part H The development was notified for a period of 17 days to neighbouring properties. There were no submissions received during the notification period.

12. ASSESSMENT

Context and setting The development is located in the commercial centre of Oberon, however due to the location at the rear it is likely to impact more onto residential uses which exist within the locality on the eastern side and rear of the proposal. The locality features a number of residential properties which exist behind the commercial shops facing onto Oberon Street, the neighbouring property at 103 Oberon Street is an example of this. Whilst Dart Street is also zoned as B2, there are only residential dwellings in this portion of the zone so the locality has more of a residential zone character in this area.

From a built form perspective the locality features a mix of single storey and two storey buildings of varying areas. Predominantly buildings are built from side boundary to side boundary at the front of the block with an open rear yard facing the laneway. Site coverages vary in the locality from 20% up to 80% with most being within the 30-60% range.

Access, transport and traffic Vehicle and pedestrian access to the proposed dwelling is via the rear laneway. Two parks located at the rear will have access to the laneway and it is considered that manoeuvring in and out of spaces in to the laneway will be achievable from both parking bays. Traffic within the laneway is limited to a few users being the nearby hotel and some residential garages.

Public domain No contribution to the public domain.

Utilities All utilities are available. No drainage diagram available and inspection/junction is located in the middle of the proposed driveway. Development will be conditioned not to damage the existing sewer main.

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Heritage No heritage items impacted by the development due to its location at the rear of the existing shop. The site is not located within a heritage conservation area.

Other land resources The development will not impact on any other land resources in the locality.

Water The development will not impact waterways in the locality. The development meets the water efficiency requirements of the BASIX certificate and will be connected to Council’s infrastructure.

Soils The development will not have any impact on soils.

Air and microclimate The air and microclimate will not be impacted from the development.

Flora and fauna No impact to flora or fauna.

Waste Sewer connection is available. Household waste will be via traditional collection methods.

Energy The development meets energy efficiency requirements of the BASIX certificate. The dwelling features double glazing to all windows and four north facing windows which should ensure that it has some passive climate control ability.

Noise and vibration Outside of construction there is not likely to be any noise or vibration impacts which are considered unreasonable.

Natural hazards No natural hazards such as bushfire or flooding identified on Councils mapping.

Technological hazards The dwelling is proposed to be located within the Oberon Industrial Buffer. With double glazing it is deemed that the internal noise reduction will be suitably met.

Safety, security and crime prevention The dwelling should not be impacted from crime or security concerns. There is some potential when the dwelling is empty that it may be at increased risk due to the lack of traffic within the laneway, however this is not considered to be an unreasonable risk.

Social impacts in the locality There are not likely to be any negative social impacts on the locality.

Economic impact in the locality The economic impact on the locality is minimal outside of the initial construction.

Site design and internal design Design of the dwelling achieves the minimum POS and whilst not meeting the site coverage and height plane requirements it is unlikely that the dwelling will significantly impact on surrounding land users. Due to the orientation of the dwelling north-south it is considered that solar access will be achieved on neighbouring sites during the morning or afternoon hours.

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Construction Construction impacts should be minimal due to the location of the dwelling at the rear of the existing shop. Access can be obtained through the rear laneway which should ensure that there are minimal constraints during construction.

Cumulative impacts It is considered that the development of a dwelling on this site will not result in any cumulative impacts. The frontage to Oberon Street will be unaffected whilst the rear laneway will not be unreasonably impacted.

13. SITE SUITABILITY

Does the proposal fit in the locality? The proposal is consistent with the locality. As the dwelling is located at the rear it will not change the streetscape and character of Oberon Street, whilst still allowing a residence behind the existing shop. At the rear of shops facing Oberon Street there is mixed uses being commercial in relation to the Oberon Street frontage and residences at the rear of shops.

Are the site attributes conducive to development? The site attributes are generally conducive of the development.

14. SUBMISSIONS

Public submissions Notified for a period of 17 days. During this time the development received no submissions.

Submissions from public authorities Not referred to any public authorities.

15. PUBLIC INTEREST The proposal is generally considered to be in the public interest.

16. CONCLUSION & RECOMMENDATION

The development is considered to be permissible within the Oberon Local Environmental Plan 2013. The development meets the controls of the Oberon Local Environmental Plan 2013 and the majority of controls within the Oberon Development Control Plan 2001 except C.5.5 – Building Height Plane and C.8.2 – Floor Space Ratio. Overall whilst the development is inconsistent with two clauses of the DCP, it is determined that the dwelling is unlikely to impact on neighbouring properties and land users.

It is recommended that the development should gain development consent for the following reasons.

 The development is permissible on the site under the Oberon Local Environmental Plan 2013.  Although not consistent with DCP clauses C.5.5 – Building Height Plane and C.8.2 – Floor Space Ratio it is determined that the development is not likely to unreasonably impact on neighbouring properties and land users.  The development is consistent with all other controls of the Oberon Development Control Plan 2001 and Oberon Local Environmental Plan 2013.

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17. RECOMMENDED CONDITIONS OF CONSENT

1. Approved Plans The development is to be carried out generally in accordance with the approved stamped plans except as otherwise provided by the conditions of this determination.

Plan Title Prepared/Drawn by Date/reference Site and Architectural Oberon Drawing and Reference: PG1018/001 Plans Design Dated: 4 October 2018 BASIX Certificate Reliable Drafting Service Cert No: 1025731S_02 Dated: 23 August 2019 Engineering Plans Calare Civil Job No: 19.727 Dated: 17 July 2019

(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.

2. Use of Structure The proposed building is approved as a dwelling only and shall not be used for short-term tourist accommodation or any other commercial purpose without prior approval from Council.

Reason: To ensure that the development is not used for any purpose that is inconsistent with the proposed use.

3. Developer Contributions Payment of contributions in accordance with the schedule applicable at the time of payment, as prescribed in Council’s Annual Fees and Charges Schedule for the proposed dual occupancy. The contributions are to be paid prior to the release of a construction certificate. The applicable fees until July 1 2020 are as follows (per 1.00 ET):

Sewer Supply Headworks: $10,880.38 Water Supply Headworks: $2,650.87 Public Open Space: $234.37 Community Facilities: $234.37 Emergency Services: $280.41 Storm Water Drainage: $771.55 Urban Roads: $2,999.03

TOTAL: $18,050.98

The proposed dual occupancy is required to pay 0.75 X ET as it is a two bedroom dwelling. The total contribution due if paid prior to July 1 is therefore $13,538.22.

Reason: To advise that any new residential development attracts contributions. These contributions are charged at the rate when paid, set each year in Council’s Management Plan. Council’s Development Contributions Plan and Clause 146 (Environmental Protection and Assessment Act Regulations) require payment prior to release of Construction Certificates

4. Submission of a Construction Certificate Site works are not to commence until such time as Council has received a construction certificate for the proposed works. Council or an Accredited Certifier may issue construction certificates.

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Note: Only the person who appointed the PCA may be the applicant for the Construction Certificate.

Reason: To comply with the requirements of Section 81A of the Environmental Planning and Assessment Act.

5. Site survey Prior to an inspection of the footings as survey plan and subsequent set out pegs must be provided by a registered surveyor for the eastern boundary and the proposed dwelling.

Reason: To ensure that the building is located as per the consent.

6. Existing Sewer Main During construction the existing sewer main which runs through the allotment is to be protected at all times. The sewer access point located on the northern boundary is to remain accessible at all times.

Reason: To ensure that the existing sewer main is not damaged through excavation of footings or other construction on the site.

7. Windows All upper level windows facing east, west and north are to be treated with obscured glazing or sill heights to a minimum height of 1.5m.

Reason: To ensure that overlooking impacts of any upper level window are mitigated for residential uses which surround the proposed dwelling.

8. Stormwater disposal Due to the lack of drainage infrastructure in Tally’s Lane it is required that a 150mm diameter stormwater pipe is installed within Tally’s Lane to convey stormwater from the subject lot to Council’s stormwater infrastructure in Ross Street.

Reason: To ensure compliance with BASIX and that stormwater is disposed of to the satisfaction of Council.

9. Colour Scheme The exterior of the building is to be constructed of non-reflective materials.

Reason: To ensure the external appearance of the development is not obtrusive or offensive and does not degrade the visual quality of the surrounding area.

10. Access Crossover A new vehicle crossover is to be constructed between the proposed parking area and Tally’s Lane to Council’s requirements.

Reason: To ensure that a new vehicle crossover is installed to Council’s specifications.

11. Notice of Commencement At least two (2) days prior to the commencement of building works, the applicant is required to submit to Council the attached “Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority”.

Reason: To meet the requirements of Section 4.19 of the Environmental Planning and Assessment Act 1979.

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12. Hours of Work 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.

13. Copy of Approval On Site 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.

14. Sediment Control To contain soil and sediment on the property, controls are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include the installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment. Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.

Reason: To prevent the movement of soil and sediment in accordance with the blue book.

15. Site Identification A sign is to be erected in a prominent position at the entrance of the work site, stating that unauthorised access is prohibited, and showing the name and contact phone number of the person or company in charge of construction on the site.

Reason: To identify the site and builder, and prevent unauthorised access.

16. Builders Toilets Prior to the commencement of works, temporary toilet facilities shall be provided on site for the use of builders or tradespersons during the construction works.

Reason: To ensure adequate standard of amenities are available to workers on site.

17. Builders Waste 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.

18. Retaining walls Should retaining walls or other approved methods of preventing movement of the soil be installed. Adequate provision must be made for drainage behind the retaining wall.

Note: Retaining walls exceeding 600mm in height will require the submission of an engineered footing design.

Reason: To retain the soil and prevent it from causing structural damage.

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19. Notice of Work A Notice of Work (NoW) shall be submitted by the plumber to Council 48 hours prior to works commencing onsite.

Reason: To ensure compliance with the NSW Plumbing and Drainage Act 2011.

20. Certificate of Compliance A certificate of compliance for the plumbing works associated with this approval shall be submitted by the plumber to Council and the owner upon completion of all drainage works.

Reason: To ensure compliance with the NSW Plumbing and Drainage Act 2011.

21. Sewer Service Diagram A Sewer Service Diagram (SSD) shall be drafted by the plumber on the standard form and submitted to Council and the owner upon completion of all drainage works.

Reason: To ensure compliance with the NSW Plumbing and Drainage Act 2011.

22. Works Only By Licensed Contractor All plumbing and drainage work in the building and from the building to the septic tank must be carried out by a licensed plumber/drainer in accordance with the requirements of Australian Standard 3500-2003 “National Plumbing and Drainage Code”.

Reason: To comply with Australian Standard 3500-2003 “National Plumbing and Drainage Code” and Clause 20 of the Local Government (Approvals) Regulation 2005.

23. Council Inspections Forty-eight (48) hours notice shall be given to Council for inspection of the following:-

Internal and external drainage lines prior to backfilling.

Final plumbing prior to occupation.

The licensed plumber/drainer shall be on site at the time of inspection, and the drainage lines shall be charged.

Reason: To enable Council to assess compliance with the general terms of the approval and for compliance with Australian Standard 3500-2003 “National Plumbing and Drainage Code”.

24. House Drainage Fall The building is to be designed and constructed so that all floor levels have sufficient height to enable the house drainage line to fall at a permissible grade to the connection to Council's sewer main, and the earthworks on the site are to be such that there is the required minimum cover over the house drainage line, all in accordance with AS/NZS 3500 and the Plumbing Code of Australia.

Reason: To ensure that the design, siting and height of the building is such that the house drainage operates correctly and because it is in the public interest to comply with the Local Government (Approvals) Regulation, 1999 made under the Local Government Act, 1993. Section 4.12 of the Environmental Planning and Assessment Act 1979, as amended.

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25. No alteration without prior Council approval The completed building is not to be altered externally in character or colour without the prior consent of Council.

Reason: To ensure the external appearance of the development is not obtrusive or offensive and does not degrade the visual quality of the surrounding area.

26. Compliance with the Requirements of BASIX All building works associated to this development consent must be carried out in accordance with the nominated BASIX commitments.

Furthermore in order to determine compliance with the BASIX requirements evidence to the satisfaction of Councils Planning and Development Director is to be submitted and deemed appropriate prior to occupation.

Note: the attached BASIX certification form is to be completed and returned to Council with the request to occupy the building.

Reason:-To ensure all BASIX commitments are complied with prior to occupation of the dwelling.

27. Occupation Certificate The applicant is to obtain an Occupation Certificate pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority prior to occupation of the building.

Reason: Because it is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 4.15 of the Environmental Planning and Assessment Act 1979, as amended.

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:

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 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.

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.

ADVISORY NOTES

1. Durable Termite Notice A durable notice must be permanently fixed to the building in a prominent location, such as the electricity meter box, indicating method of termite risk management, date of installation of the system, life expectancy of chemical barrier (if used) and installer’s recommendations of frequency of inspections.

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2. Smoke Alarm Installation A hard wired smoke detector is to be installed by a licensed electrician. Multiple smoke alarms are to be interconnected.

3. Frame and Truss Details Manufacturer’s specifications for wall and roof framing including; tie down, fixing, lintel, bracing details, ground snow load of 2.0kPa, shall be submitted to Council 7 days prior to the frame inspection. The details shall specify member sizes and spacings, roof pitch, fixing details, wind loading, snow loading, name and address of manufacturer etc.

4. Stairs Movement and Access Stairs, balustrades, handrails and first floor openable windows are to comply with the requirements of Part 3.9, National Construction Code (NCC) 2019, Volume Two, including the following; i. If required the height of the balustrade must not be less than 1 metre and the space between balusters or the width of any opening in the balustrade is not more than 125 mm. ii. If required the height of handrail to stairways, must not be less than 865 mm above the nosing of the stair treads and the floor of the landing, access bridge or the like; and the space between the balusters or the width of any opening in balustrades is not more than 125mm. Where wire balustrades are used, certification indicating compliance with the Building Code of Australia of is required prior to inspection. iii. The stairs are to comply with the requirements for slip resistance.

5. Ventilation of Roof Space Where an exhaust system from a kitchen, bathroom, sanitary compartment or laundry discharges into a roof space, the exhaust must be discharged directly or via a shaft or duct to outdoor air of the roof space must be ventilated in accordance with Part 3.8.7.4 of National Construction Code (NCC) 2019, Volume Two.

6. Pliable Building Membrane A pliable building membrane must be installed on the exterior side of the primary insulation layer of wall assemblies that form the external envelope of a building. The membrane must comply with Part 3.8.7.2 of National Construction Code (NCC) 2019, Volume Two.

Notes:

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13.04 DEVELOPMENT APPLICATION 10.2019.71.1 – GARAGE WITH ATTACHED CARPORT File No: Property/PO49-63 Author: Health and Building Surveyor, Kerry Davison

Summary A Development Application has been received for the construction of a garage with attached carport at 63 Scotia Avenue, Oberon with particular reference to Part C6.4 – “Carports and Garages”.

Recommendation

That

1. Council vary Part C6.4 – “Carports and Garages” of its current DCP 2001 associated to Development Application 10.2019.71.1 for construction of a garage with attached carport at Lot 39 in DP 2364, Section A being known as 63 Scotia Avenue, Oberon. 2. A division be called in accordance with Section 375A of the Local Government Act 1993.

Comment FOLLOWING is a copy of the proposed plans.

Development Application 10.2019.71.1 has been received for the construction of a garage with attached carport at 63 Scotia Avenue, Oberon within the R1 General Residential Zone.

A variation to DCP 2001 is sort in relation to Part C6.4.

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.”

The proposed new garage with attached carport will have a floor area of 150m2 and an existing shed on the lot is a 45m2, with the total floor area of both buildings being 195m2. This represents a 135m2 non-compliance with the floor area limitation imposed by DCP. The applicants have indicated a garage of this size is required for the secure storage of vehicles and trailers which is not uncommon within the Residential Zone. .

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The shed is to be located on a large 2378m2 lot, with the potential impacts of the size of the shed on the adjoining land owner, considered to be minimal with the proposed structure to replace two existing sheds which are to be demolished as exempt developments.

Neighbour notification has been undertaken to the neighbouring properties. Submissions will close on 20 November 2019 and should any submissions be received resulting from the neighbour notification then a further report will be put to the December Ordinary Council Meeting.

It is considered that the variation can be supported in this instance.

Notes:

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13.05 DEVELOPMENT APPLICATION 10.2019.74.1 – CARPORT AND PATIO File No: Property/PO8-47 Author: Health and Building Surveyor, Kerry Davison

Summary A Development Application has been received for the construction of a carport and patio cover at 47 Bligh Street, Oberon with particular reference Part C.5.5 – “Building Height Plane” and Part C6.4 – “Carports and Garages”.

Recommendation

That

3. 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 10.2019.74.1 for construction of a carport and patio cover at Lot 7 in DP 758805, Section 62 being known as 47 Bligh Street, Oberon. 4. A division be called in accordance with Section 375A of the Local Government Act 1993.

Comment FOLLOWING is a copy of the proposed plans.

Development Application 10.2019.74.1 has been received for the construction of a carport and patio cover at 47 Bligh Street, Oberon within the R1 General Residential Zone.

A variation to DCP 2001 is sort in relation to Part C.5.5 and Part C6.4.

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

The carport and patio cover are proposed to be located one metre from the lot on the eastern side. The Building Height Plane is to be varied by 17% and the applicant has indicated they have positioned the structures in this location to take advantage of the existing vehicle access from Bligh Street. The proposed structure will have minimal impact on overshadowing or privacy of the neighbouring yard.

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.”

The proposed new carport will have a floor area of 37m2 and an existing shed on the lot is a 36m2, with the total floor area of both buildings being 73m2. This represents a 13m2 non-compliance with the floor area limitation imposed by DCP. The applicants have indicated the carport is required for the storage and protection of vehicles which is not uncommon within the Residential Zone. .

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Neighbour notification has been undertaken to the neighbouring properties. Submissions will close on 25 November 2019 and should any submissions be received resulting from the neighbour notification then a further report will be put to the December Ordinary Council Meeting.

It is considered that the variation can be supported in this instance.

Notes:

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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 File No: Governance/Policies Author: Rebecca Burgess, Technical Services Administration

Summary The current Oberon Lawn Cemetery Guidelines Policy (Policy 3129) was endorsed in December 2014. This policy has been reviewed and amended. A new policy is presented to Council which provides guidelines for the transfer or sale of a right of burial. Approval is sought from Council to place this new policy on public exhibition.

Recommendation:

That Council:

1. Adopt the amended Policy 3129 Oberon Lawn Cemetery Guidelines as presented. 2. Place on public exhibition of the new policy The Transfer or Sale of a Right of Burial and report back to Council should submissions be received. Should no submissions be received the draft Policy is to be adopted.

Comment A copy of the amended policy showing track changes and the final 3129 Oberon Lawn Cemetery Guidelines Policy and the new policy ‘The Transfer or Sale of a Right of Burial’ FOLLOWS this report.

The Oberon Lawn Cemetery Guidelines Policy was last reviewed in December 2014.

The minor changes are highlighted in red and include:  Guidelines and provision for plaques which are not ordered by families in a timely manner. This has been added to ensure the consistency of the lawn cemetery as some families do not arrange a plaque and the white cross markers remain for a long time. This diminishes the visual appeal of the lawn cemetery. Also, a standard lawn cemetery plaque is included in the initial funeral costs. As time passes, the cost of a standard plaque increases and this results in the cost of a lawn cemetery plaque exceeding the amount that was originally pre-paid.

 Clarification of stacked interment. This explains that a stacked (double) interment can only occur if this decision has been made at the time of the first burial. This is so that the first burial can be placed at a deeper depth to allow for sufficient ground cover of the second (stacked) coffin so as to comply with the Regulations of the Public Health Act (NSW 1991).

Further it is proposed to incorporate a new Policy being The Transfer or Sale of a Right of Burial Policy as a new policy and is presented to Council for consideration. A copy FOLLOWS.

This proposed policy provides staff with a framework for which to deal with right of burial enquiries, transfers and buy back requests. The draft policy is proposed to incorporate the ‘right of burials’ in all Council cemeteries. Prior to adoption this policy must be placed on public exhibition. Following a period of public exhibition the new policy will be submitted seeking Council’s adoption should submissions be received. Should no submissions be received during the exhibition period it is recommended the Policy be endorsed without further consideration from Council.

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Policy 3129 Oberon Lawn Cemetery Guidelines

3129 OBERON LAWN CEMETERY GUIDELINES

1. Objective/Scope

The Oberon Lawn Cemetery is a lawn cemetery set in the centre of the Oberon Cemetery offering a picturesque, low maintenance burial option in a non-denominational section of the cemetery.

The facility is designed as a circular lawn cemetery and it is Oberon Councils responsibility to maintain the area so that it is consistent with the overall design.

In an effort to maintain the cemetery to the highest possible standard the following guidelines have been determined and are enforced by Oberon Council.

2. Graves

All grave sites are provided a concrete plinth on a concrete base to attach a memorial plaque to. The remaining area of the gravesite is planted with grass seed after burial and is maintained by council during routine mowing. No memorial items, flowers etc. can be placed on this area. Any items that interfere with routine mowing will be removed.

Fresh or artificial flowers may be placed in the receptacles provided directly behind the concrete plinth. Vases are permitted subject to the following conditions;  Vases must be made of plastic, bronze or similar weather hardy material (glass not permitted)  Vases are not to be taller than the concrete plinth  Vases must be paced on the concrete base – not the grass

Gravesites must remain neat and tidy and must not deter from the simplistic beauty of the site.

3. Plaques

Plaques must be of the required size of 560mm x 300mm or smaller, must be affixed to the concrete plinth and cannot obstruct any adjoining gravesites. At the time of burial a standard plaque is pre-paid with the funeral expenses. All Lawn Cemetery plaques are arranged through Oberon Council in order to maintain consistency.

If a lawn cemetery plaque is not ordered by the family/next of kin one (1) year following interment then Council will write to them asking them to contact Council to make arrangements for a plaque. The contact letter will be sent by Council to the next of kin details as supplied by the funeral director.

Formatted: Justified

Oberon Council – Policies and Procedures Manual

Page 79 Policy 3129 Oberon Lawn Cemetery Guidelines

If no response is received to this letter or if the family/next of kin indicates that they will not arrange a plaque then Council will order and affix a standard plaque which will include the following, as per information supplied to Council by the funeral director at the time of interment:  Name of the Deceased Formatted: List Paragraph, Left,  Date of Birth and Date of Death Bulleted + Level: 1 + Aligned at: 0.63 The plaque will be standard dark brown in colour with a solid border. cm + Indent at: 1.27 cm

Council reserves the right to remove without notice any memorialisation or plaque that does not comply with this Policy; that is unsafe; that is inconsistent with the overall design of the Lawn Cemetery or that is considered inappropriate or offensive.

Council offers a direct ordering service for the selection and purchase of a bronze memorial plaque which are hardy and weather resistant.

4. Number of internments

Each grave site has the capacity to receive up to four (4) interments with a maximum of two (2) burials (stacked) and two (2) cremations. A second interment into the same plot is permitted only where the first interment has been placed at double depth.

5. Reservations

Reservations cannot be made for a particular location in the lawn cemetery and plots are allocated on an as needed basis. Plots are allocated in a clockwise direction. Plots can be pre-purchased, however the exact location cannot be guaranteed.

Staff Assistance

Council staff are available to assist with any queries relating to the cemetery. An appointment can be made by telephoning the Administration Centre during office hours on (02) 6329 8100.

Fees and charges

The fees for Oberon Lawn Cemetery are reviewed annually; therefore quotes provided may be subject to change.

Related Documentation - The Transfer or Sale of a Right of Burial Policy - Cemeteries and Crematoria Act 2013 - Public Health Act 2010 - Regulations of the Public Health Act (NSW 1991)

Approving Authority Oberon Council Contact Works and Engineering Director of Technical Services Approval Ordinary Council Meeting 17 December 2013 Minute No. 17171213 Revision Date November 2019December 2014 Issue Date to Staff December 2013

Oberon Council – Policies and Procedures Manual

Page 80 Policy XXXX The Transfer or Sale of a Right of Burial

XXXX THE TRANSFER OR SALE OF A RIGHT OF BURIAL

1. Objective/Scope

Oberon Council administers the Cemeteries Register and Register of Rights of Burials for the Oberon Cemetery; Black Springs Cemetery; Shooters Hill Cemetery; O’Connell Cemetery; Porters Retreat Cemetery; and Burraga Cemetery.

A Right of Burial is granted either when a reservation is made or when an interment occurs. The holder of the Right of Burial is the person who made the original reservation or the person identified as the holder on the Application for Burial Permit.

The following guidelines are determined and enforced by Oberon Council in relation to the transfer or sale of a Right of Burial.

2. Holder of the Right of Burial is deceased and has been interred elsewhere. The Right of Burial has been bequeathed.

Where the holder of a Right of Burial is deceased but they have been interred elsewhere (ie. the reservation or Right of Burial has not been utilised) and they have specifically bequeathed the Right of Burial to another person that person or persons may make application to Oberon Council to request the Right of Burial register be amended.

If the Right of Burial has been specifically bequeathed the person/s to whom it has been devolved must make application to Oberon Council requesting the transfer of the Right of Burial into their name/s. Such a request must be accompanied by a certified copy of the Last Will and Testament of the original Right of Burial holder as well as proof of the identify of the applicant/s.

A person to whom a Right of Burial has devolved as a result of a bequest does not become the holder of the Right of Burial until the register is amended to indicate that fact.

A person to whom a Right of Burial has devolved as a result of bequest who wishes to sell the Right of Burial must in the first instance arrange the Right of Burial to be transferred to themselves.

Oberon Council may require any other documentation from the applicant/s in order to be satisfied of the validity of the transfer request.

3. Holder of the Right of Burial is deceased and has been interred elsewhere. The Right of Burial has not been bequeathed.

Where the holder of a Right of Burial is deceased but they have been interred elsewhere (i.e. the reservation or Right of Burial has not been utilised) and they have not specifically bequeathed the Right of Burial to another person the Right of Burial is to be dealt with as if it were personal property forming part of the estate of the intestate.

Oberon Council – Policies and Procedures Manual Page 81 Policy XXXX The Transfer or Sale of a Right of Burial

Person/s to whom a Right of Burial devolves as a result of intestacy does not become the holder of the Right of Burial until the register is amended to indicate the fact.

Such a request must be accompanied by a certified copy of the Last Will and Testament of the original Right of Burial holder as well as proof of the identity of the applicant/s.

In the event that there are multiple beneficiaries not all of whom wish to become an owner of the Right of Burial, those not wanting the Right of Burial must provide a letter stating that they relinquish their rights.

In the event that a copy of the Last Will and Testament is not able to be obtained, a certified Death Certificate issued by the NSW Registry of Births, Deaths and Marriages which identifies the spouse and children will be required as well as a Statutory Declaration by the applicant explaining the circumstances as well as proof of the identity of the applicant/s.

A person to whom a Right of Burial has devolved as a result of intestacy who wishes to sell the Right of Burial must in the first instance arrange the Right of Burial to be transferred to themselves.

Oberon Council may require any other documentation from the applicant/s in order to be satisfied of the validity of the transfer request.

4. The Holder of a Right of Burial wishes to sell the Right of Burial.

Where the holder of a Right of Burial wishes to sell it to another person they must request that Oberon Council transfer the Right of Burial. Such a request must be accompanied by proof of the identity of both the holder and the purchaser of the Right of Burial.

A person to whom a Right of Burial has been sold does not become the holder of the Right of Burial until the register is amended to indicate that fact.

Oberon Council may require any other documentation from the applicant/s in order to be satisfied of the validity of the transfer request.

The holder of a Right of Burial may request that Oberon Council buy back the Right of Burial. Such a request must be accompanied by proof of the identity of the applicant/s and a copy of the Right of Burial paperwork. If the applicant/s cannot produce the Right of Burial paperwork a Statutory Declaration stating that they request Oberon Council to purchase the Right of Burial must be supplied.

In this case Oberon Council reserves the right to either buy back or refuse to buy back the Right of Burial.

A decision to buy back or refuse to buy back a Right of Burial will be determined by either the Director of Technical Services or the General Manager.

Should Oberon Council agree to buy back the Right of Burial the cost will be determined as the price originally paid by the holder of the Right of Burial, less an administration fee.

Oberon Council may require any other documentation from the applicant/s in order to be satisfied of the validity of the buy-back request.

Oberon Council – Policies and Procedures Manual Page 82 Policy XXXX The Transfer or Sale of a Right of Burial

Staff Assistance

Council staff are available to assist with any queries relating to the cemetery. An appointment can be made by telephoning the Administration Centre during office hours on (02) 6329 8100.

Fees and charges

The fees for Cemetery and Burial services are reviewed annually; therefore quotes provided may be subject to change.

Related Documentation - Guidelines for the Oberon Lawn Cemetery Policy 3129 - Cemeteries and Crematoria Act 2013

Approving Authority Oberon Council Contact Director of Technical Services Approval Revision Date Issue Date to Staff

Oberon Council – Policies and Procedures Manual Page 83 Oberon Council - Agenda and Business Papers – Ordinary Meeting – 19 November 2019

13.07 FIXING LOCAL ROADS PROGRAM – FUNDING APPLICATION File No: Roads/Programs Author: Director Technical Services, Chris Schumacher

Summary Regional & Rural Local Government areas were notified by the Roads & Maritime Services on 1 November of a State Government funding opportunity through the newly announced ‘Fixing Local Roads Program’ primarily aimed at addressing vital infrastructure backlog on Council local road networks.

Recommendation:

That Council endorse:

 Campbell’s River Road,  Arkstone Road &  Burraga Roads as the priority roads for grant funding applications under the Fixing Local Roads Program.

Comment: The NSW Government has launched the ‘Fixing Local Roads Program’ which has been specifically developed for Regional and Rural Councils to carry out vital maintenance and repair work on local roads.

The Fixing Local Roads Program is a State Government commitment of $500 million over five years to assist councils in managing and maintaining their local road networks. This investment will aid in the reduction of Council maintenance backlogs for local roads and assist in keeping communities connected, increasing economic and social development in Regional and Rural NSW.

Of particular note the guidelines indicate that in recognition of the concerns of a number of councils regarding maintaining roads in LGA’s with large areas of forest a portion of the funding from the total allocation will be specifically earmarked for roads in forestry areas.

Further information is provided in the Program Guidelines. The Fixing Local Roads Guidelines, application form, contact details and other relevant information can be found at www.rms.nsw.gov.au/fixinglocalroads

Applications are now invited from eligible councils for the Fixing Local Roads funding and will be received up to 2 December 2019. Councils are strongly encouraged to identify opportunities for funding and ensure they apply within the designated timeframe.

Oberon Council is one of 93 Councils eligible for this funding, the application process closes in 4 weeks, which provides only a short period of time to allocate priorities for forestry affected roads.

Eligible projects are required to be maintenance driven and include repairing pot holes on a key local road, sealing an unsealed road that will improve safety or improve access to services or industry or patching or repairing cracking on a key local road.

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It is suggested that Campbell’s’ River Road, Arkstone & Burraga Roads be nominated as the first three roads for the round of the Fixing Local roads program. These roads are identified as priority key roads that provide the primary freight haulage routes for timber to Oberon.

Presently it is recognised that these roads are in a rapid state of deterioration as a result of the volume and gross weights that traverse these roads on a daily basis. Industry is calling for improved heavy haulage access that will allow bigger payloads on these roads in order to meet the delivery aspirations of the timber industry, which as a result will further impact these deteriorating carriageways.

The roads listed for the application have the following attributes and will be scoped for repair work to fix defective pavement substructure.

Road Name Total Length (km) Type Target Length to Fix Campbell’s River Road 22.8km Bitumen Spray Seal 20km – West of Black Springs to Arkstone Rd. Arkstone Road 37.0km Bitumen Spray Seal Subject to FCNSW Mapping Burraga Road 25.0km Bitumen Spray Seal Subject to FCNW Mapping

Currently staff have sought the services of a Civil Consultant to assist independently in the delivery and scoping of this project by the 2 December deadline.

The exact lengths on the Arkstone Road and Burraga Road are to be determined in conjunction with FCNSW which will add weight and support to Councils application.

Notes:

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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 October 2019 Council Meeting. Items include Human Resources, Workplace Health & Safety, Community Activity, Regional Issues, Executive Management Team Meetings and planned activities.

Recommendation:

That report item 14.01 is received as information.

Commentary

1. PLANNED ACTIVITY FOR OCTOBER and NOVEMBER

COMMUNITY STRATEGIC PLAN IMPLEMENTATION – With the new Community Strategic Plan and associated documents now in place work on developing how actions from the first year will be implemented. Work is progressing to developing protocols to include actions from the adopted Plan into reports thus allowing Council and the community to clearly identify where items reported to Council sit within the adopted CSP.

SIGNAGE STRATEGY – The final round of community engagement has now been undertaken in relation to progressing the branding and signage piece of work that is associated with a grant from the NSW State Government. With branding now complete a request for quotation for design of new signage for the town entrances, villages, parks and reserves is currently being prepared.

FIXING LOCAL ROADS FUNDING – The NSW Government has launched the ‘Fixing Local Roads Program’ which has been specifically developed for Regional and Rural Councils to carry out vital maintenance and repair work on local roads.

The Fixing Local Roads Program is a State Government commitment of $500 million over five years to assist councils in managing and maintaining their local road networks. This investment will aid in the reduction of Council maintenance backlogs for local roads and assist in keeping communities connected, increasing economic and social development in Regional and Rural NSW.

Applications are now invited from eligible councils for the Fixing Local Roads funding and will be received up to 2 December 2019. Councils are strongly encouraged to identify opportunities for funding and ensure they apply within the designated timeframe.

Oberon Council is one of 93 Councils which are eligible for this funding, noting that all Council have been given 4 weeks to put their submission together.

Eligible projects are required to be maintenance driven and include repairing pot holes on a key local road, sealing an unsealed road that will improve safety or improve access to services or industry or patching or repairing cracking on a key local road.

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Of particular note the guidelines indicate that in recognition of the concerns of a number of councils regarding maintaining roads in LGA’s with large areas of forest a portion of the funding from the total allocation will be specifically earmarked for roads in forestry areas. Council will be aware of the significant work currently being undertaken to make the State Government aware of issues Oberon is having through impacts by heavy forestry vehicles on its local road network. This acknowledgement by the State is welcomed by Council.

CHRISTMAS CLOSURE – Work is progressing on a timeline for the Christmas period for this year. It is proposed to have the Administration Centre close from 25 December 2019 and re-open on Monday 6 January 2020. During this time both the Oberon Library will be operational (reducing hours where appropriate) and the Visitor Information Centre open apart from public holidays. Operations will continue during this period with routine maintenance and critical response crews (if required) operating as normal.

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 General Manager.

Minute Number Summary/Progress 15 August 2017 ORDINARY COUNCIL MEETING 32 150817 1. Council determine the sale of 2.1267ha of road reserve fronting Land Sale – 1300 Abercrombie Road, Oberon. Operational Land 2. Council determine an appropriate price for the sale of the land in Abercrombie Road accordance with the valuation of OPTEON Group Pty Ltd. 3. The General Manager and Mayor be delegated authority to sign relevant legal documents associated with the transfer of the land.

Action: In Progress

Reported to November Ordinary Meeting.

Contract exchanged and signed, awaiting LPI sign off.

Issues continue to delay the finalisation of this matter. The General Manager is in constant communication with the purchasers who are aware of the issues.

Amended survey plans were required, now received ready for lodgement with LPI for finalisation of the matter.

Road closure Matter ongoing 15 May 2018 ORDINARY COUNCIL MEETING 16 150518 That Council provide $1,000 from the General Fund to undertake repairs to Oberon Bicentennial the Oberon Bicentennial Tapestries. Tapestries Cleaning and repair currently in progress. Matter ongoing

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31 150518 1. Council reconsider the delegation granted the General Manager with Purchase of Land respect to negotiations related to land purchases for a recreation ground O’Connell at O'Connell. 2. Necessary funds be sourced from land bank reserves.

Contracts for the land have been exchanged awaiting settlement. Matter ongoing 19 March 2019 ORDINARY COUNCIL MEETING 05 190319 That Oberon Council develop a tree policy. Tree Policy Council staff will workshop the policy requirements and bring back a report to Council with a number of options to progress this policy. Matter ongoing 21 May 2019 ORDINARY COUNCIL MEETING 32 210519 That Council together with Borg develop a Memorandum of Understanding Oberon Sports (MOU) outlining the obligations of each party in the development of the new Complex Oberon Sports Facility in accordance with the report.

Initial meeting held April 2018. The design and associated documentation completed with community consultation undertaken seeking comments ending 31 January 2019

GM and Mayor meeting with Borg representations on 14 February to discuss submissions and next steps. Nothing further will occur without an additional resolution of Council.

Meeting with State Government allocated $2,000,000 in incubator funds if re-elected. Commitment confirmed after re-election in May.

Council resolved at the May Ordinary Meeting that Council together with Borg develop a Memorandum of Understanding (MOU) outlining the obligations of each party in the development of the new Oberon Sports Facility in accordance with the report.

Draft MOU prepared – further meeting currently being arranged with Borg to progress the matter. Meeting with Borg held to discuss moving the project forward. Finalised MOU. Council to lodge a DA for the proposal in the coming weeks. Matter ongoing 16 July 2019 ORDINARY COUNCIL MEETING 10 160719 That the General Manager report back quarterly on the progress of Central Tablelands rectifying the deficiencies identified in Centium Audit. Alliance Internal Audit Committee See first quarterly report to October Ordinary Meeting.

Matter ongoing

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20 August 2019 ORDINARY COUNCIL MEETING 22 200819 That Council note the continued take up of the drought assistance (water Water Usage usage) program and extend the assistance to rural and non residential Drought Assistance ratepayers through potable drinking water, for use only within the Oberon Local Government area, at a rate of $0.67 cents per kilolitre reduced from the standard residential rate of $2.97 for a further three month period with monthly monitoring of its use.

This program continues to be well utilised – see monthly update report.

Matter ongoing 17 September 2019 ORDINARY COUNCIL MEETING 05 170919 That Council explore the feasibility of transposing the “Living Treasures” Plaques for Living portraits currently housed at the Robert Hooper Community Centre onto a Treasures weatherproof medium for permanent display at the Common and that a report be made to the November Council Meeting for consideration.

Quotes being obtained for suitable options. Matter ongoing 18 170919 1. Place Policy 1103 Payment of Expenses and Provision of Facilities to Policy Review – Councillors on public exhibition from Monday 23 September 2019 to 1103 Monday 21 October 2019 and submissions be invited to Council during that period. 2. If no submissions are received within the exhibition period the policy be adopted as presented.

Policy currently on public exhibition. Submission period closed – see report to November Ordinary Meeting finalising the matter. Matter closed 19 170919 1. Council transfer up to $40,000 from the maintenance program to Audit into Roads undertake the audit. from SRV 2. Council ask each consultant to supply a detailed quote to undertake the audit in line with the requirements outlined in the report for Council consideration at the October 2019 Ordinary Meeting 3. For the purposes of broad consultation Councillors provide feedback to the General Manager on matters for consideration for the detailed brief within 7 days.

Due to time required for Councillors to provide feedback for inclusion within the brief the report will be unable to be included in the October Ordinary Meeting. The request for quotations has been provided to three selected companies with a closing date of 4 November. A report will be provided to the November Meeting. Matter ongoing 15 October 2019 ORDINARY COUNCIL MEETING 04 151019 That Council reappoint a “whole of Council” Performance Review Panel to GM Performance conduct the Annual Performance Review of the General Manager. Review Matter closed

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05 151019 That Oberon Council receive a report from General Manager, Gary Wallace Request for Update to why it has taken from November 2018 to June 2019 to have garden beds – Work at the organised at The Common and why some type of water supply was not Common incorporated and why the base was done twice.

Matter currently being investigated.

Matter ongoing 10 151019 1. Pursuant to S296(2), (3) and (5A) of the Local Government Act 1993 Conduct of the 2020 (NSW) (“the Act”) that an election arrangement be entered into by Local Government contract for the Electoral Commissioner to administer all elections of the Election Oberon Council. 2. Pursuant to S296(2), (3) and (5A) of the Act, as applied and modified by S18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Oberon Council. 3. Pursuant to S296(2), (3) and (5A) of the Act, as applied and modified by S18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Oberon Council.

The intention of this was for the purpose of supplying appropriate governance and infrastructure to undertake the local government elections. Council has now received its quote to undertake the elections which is in the vicinity of double that of the last election. The General Manager is writing to our Local Member, Local Government Minister and Premier seeking an explanation. This has not been an uncommon situation across local government and is not in line with the information previously supplied by the Local Government Minister. Matter ongoing

With respect to outstanding actions from previous Council Meetings the 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. WHS/RISK MANAGEMENT

Month: Oct 19

Oberon Council Related Hours Average employees 84 Total hours worked Outdoor 6435.10 Total Hours worked Indoor 4271.65 Total Hours worked 10706.75

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Safety statistics Incidents/Accidents reported 03 Hazards reported 02 Near Miss 01 Breach 00

First Aid injuries 02 Medical treatment injuries 02 Lost Time injuries 02 Restricted work injuries 02 Total days ‘lost time’ 04 Total days ‘restricted duties’ 00

Incidents reported to regulator 01 Details: Car Accident, Black Springs

Corrective Action WHS Committee 02 00 Recommendations Meetings Toolbox/Safety Workplace inspections 01 25 meetings Event Hazard/Risk Major Plant Daily 00 85 Management Plan completed Inspections Personnel Claims active at Chem Application 04 03 07 Nov 19 Records Property Claims active 03 Site Inspections 02

4. HUMAN RESOURCES

Recruitment in the Human Resources and Chief Financial Officer space continues with McArthur being engaged to undertake the recruitment process. Applications are open until 15 November 2019. Interviews will be held later November.

5. TOURISM & ECONOMIC DEVELOPMENT ACTIVITIES

Business Development

Delivery of Oberon Outdoor Week:

 Oberon Redfin Roundup . Over 180 anglers from all across NSW attended the event across the weekend of the 2nd – 3rd November 2019. The final event report is still being compiled although half of the attendees originated from outside of the region, which injected tourism spend into the town. . The event attracted the attention of Department of Primary Industries and OzFish Unlimited who both had a stall at the event providing information and prizes for the casting competition. The event also raised around $200 for local charity Can Assist.  Heritage and Homestead Tours operating . Tours are underway with 119 of the maximum 140 tickets sold.  Fossicking Frenzy Event . 3 workshops operated thus far. 35 visitors to the Visitor Centre to join the workshops. 3 more workshops remain for the week.

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 Oberon Rat Race . Coordination and marketing of the final event for Outdoor Week continues. Current registrations sit at 52

Coordination and delivery of Council’s NSW Small Business Month event. Over 40 local business attendees welcomed guest speakers from the Office and Environment & Heritage and Service NSW. Guests were also treated to a tour of the new Lake Oberon Estate. Council hopes to continue the initiative each year to celebrate NSW Small Business month.

Coordination of the Spartan Press conference to officially announce that the World’s #1 Obstacle Course Race is coming in 2020. The press conference was held at the Oberon Common with the Managing Director of Spartan and Mayor Kathy Sajowitz speaking to media about the event. Spartan and Council setup a small obstacle on the day to give media a taste of what athletes will encounter across the 21km course. TV coverage was secured with Prime7

Coordination and representation of the Oberon LGA on the Central NSW stand at the Canberra Caravan and Camping show (Fri 25th – Sun 27th Oct 2019) The 9 participating destinations including Oberon engaged the ACT market with local produce, products and information. This initiative was aimed at promoting our region to the ACT market via Tablelands Way.

Tourism Promotion

a) Social Media – Facebook

Month Likes Followers Growth People (Followers) Reached May 2019 2,304 2,337 3% 21,906 June 2019 2,482 2,518 8% 55,834 July 2019 2,671 2,712 8% 51,424 August 2019 3,082 3,144 16% 92,232 September 2019 3,151 3,217 2% 110,965 October 2019 3,215 3,290 2% 132,719

b) Instagram – @visitoberon

Month Followers Posts Growth (Followers) May 135 8 4% June 147 7 9% July 159 5 8% August 174 7 9% September 180 1 3% October 189 6 5%

6. EXECUTIVE SUPPORT

Council Page in the Oberon Review was prepared each week during October with advertising and information. Advertising included the Mayoral Column and articles including Oberon Township Kerbside Bulky Waste Collection; Oberon Outdoor Week and Redfin Roundup; Snap, Send, Solve; Tip Closure Labour Day Public Holiday; Position Vacant Human Resources Coordinator; Public Exhibition Policy 1103 Payment of Expenses and Provision of Facilities for Councillors; Pink Up Oberon 2019; 2019 Oberon Local Government Golf Day; Position Vacant Maintenance Foreman;

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Public Notice Oberon Sporting Fields spreading of low odour fertiliser; Position Vacant Survey and Design Engineer; Proposed Road Closure Public Road portions at Abercrombie Road Norway; Determinations September 2019; Positions Vacant Casual Labourers; Notice of Development Application 10.2019.68.1 23 Lot Subdivision; Public Exhibition Draft Oberon Community Participation Plan; Public Notice – Presentation of Financial Statements; Oberon Local Government Golf Day Hole in One Challenge; Oberon Movember Calendar of Events and Council Meetings – November 2019.

Council Website and Council Facebook Page updated with media releases and relevant articles.

“Good News Week” newsletters were issued to Councillors and staff on 4, 11, 18 and 25 October 2019.

7. COMMUNITY ACTIVITY, REGIONAL ISSUES and OTHER MEETINGS (OCTOBER – NOVEMBER 2019)

The following is a summary of meetings attended by the General Manager.

16 Oct Civica Demonstration - Authority V7.1 17 Oct Nigel Price re Boundary Adjustment 21 Oct Meeting with Jodie Anderson and Bob Conroy - Jenolan Caves Update 22 Oct Meeting with Helen Lowe re Oberon Business and Tourism Association current MOU 22 Oct John Brown, Orange Clothing Company re Local Government preferred supplier 24 Oct Christine Symington - NSW Health re Palliative Care 25 Oct Planning Inspections 29 Oct Casey Grice, NSW Sport re Election Commitment - Oberon Football Ground and Fitness Park 31 Oct Country Mayors Association Dinner 1 Nov Country Mayors Association Meeting, Parliament House Sydney 5 Nov Water NSW - Greater Sydney Customer Advisory Group Meeting 6 Nov Meeting with Borg re Oberon Sports Complex 8 Nov Planning Inspections 8 Nov NSW Police re incident at Falls Hill Tower Compound 11 Nov Remembrance Day 11 Nov Australia Day Working Party Meeting 11 Nov Finance Committee Meeting 11 Nov Works Committee Meeting 12 Nov Councillor Informal Briefing Session

Notes:

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14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT File No: Governance/Meetings/Ordinary Author: Shane Wilson, Planning and Development Director

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

Recommendation:

That report item 14.02 is received as information.

Commentary

8. PLANNED ACTIVITY FOR NOVEMBER and DECEMBER

COMPLIANCE – compliance issues in development activity and building control matters are investigated when they arise.

STRATEGIC PLANNING – Work on the Local Strategic Planning Statement and the Development Control Plan has been delayed, pending a meeting with Department of Planning Industry & Environment to discuss assistance with resourcing the preparation and the imminent exhibition of the standardised LEP template. Request made to the Minister seeking a three month extension for the Local Strategic Planning Statement, however this request was not supported.

PROJECTS – The construction of the Indoor Fitness Centre has seen the delivery of the main building with the erection now being undertaken. The covered Grandstand at the Recreation Ground has commenced with the tiered seating being prepared and poured over the next couple of weeks, prior to the erection of the steel frame and roofing. The construction of six Independent Living Units at Curtis Street have been awarded to Nick Harvey Construction, with the planning for the construction now being undertaken.

SWIMMING POOL – the YMCA commenced the operation and management of the swimming pool with the pool to open on the 12th October 2019, with the public feedback being positive at this stage. The enclosing of the pool is complete and has made a notable difference for all early season users.

9. 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 General Manager.

Minute Number Action Taken 21 May 2019 ORDINARY COUNCIL MEETING 07 210519 That the matter be deferred pending consideration of alternate Oberon Dog Off Leash Area locations including the Amphitheatre at the Oberon Dam, Buckley Crescent Park land and the land to the northern side of the entrance to the Oberon Tip and a further report be bought back to Council.

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Alternate locations being considered. Matter ongoing 16 July 2019 ORDINARY COUNCIL MEETING 13 160719 That Council endorse the proposed schedule in the delivery of Local Strategic Planning the local strategic planning statement as detailed within this Statements report.

Meeting held with Department of Planning Industry & Environment, to discuss assistance with resources with level of support pending. Letter sent to Minister requesting extension, with request refused. Matter ongoing 14 160719 1. Notify the Minister administering the Crown Land Crown Land Management Management Act 2016 of the initial categorisation assigned Act – Categorisation and to Crown Land as detailed within the table of this report, in Classification accordance with Section 36 of the Local Government Act 1993.

2. Apply for ministerial consent to classify and manage Crown Land as detailed within this report as operational land under the Local Government Act 1993 or Crown reserves managed by Council in accordance with the Crown Land Management Act 2016. Application approved Closed 20 August 2019 ORDINARY COUNCIL MEETING 17 & 18 200819 Council select a priority list of projects for submission under the Stronger Country Round Three of the Stronger Country Communities Fund. Communities Fund Round Three Council’s priority list is as follows:

a) O’Connell Recreation Ground Stage 1, b) Spartan Support program, c) Shade Shelter at Black Springs and Oberon Common Playgrounds, d) Fitness Program for youth at new indoor fitness centre, e) Community Hub or facilities for youth at the library

Grant applications submitted. Matter ongoing 17 September 2019 ORDINARY COUNCIL MEETING 12 170919 1. The following be included as part of the concept plan for the Heritage Committee Meeting O’Connell Recreation Ground:  When fencing the O’Connell Recreation Ground post and rail type fencing be considered along the O’Connell and Beaconsfield Roads.  The walking track be continued from O’Connell Road through the recreation ground to Beaconsfield Road. 2. A tree planting programme be developed for Warego Lane road reserve at O’Connell.

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3. Funding of $2,500 from Councils Heritage Fund be used to copy the personal letters contained in the Gingkin papers collection.

Matter ongoing 15 October 2019 ORDINARY COUNCIL MEETING 12 151019 That Council endorse the Community Participation Plan and Community Participation Plan place it on public exhibition for not less than 28 days.

On exhibition until 22 November 2019.

Matter ongoing 18 151019 1. Acknowledge the finalisation of the Drought Communities Drought Communities Programme (DCP) – Extension. Programme (DCP) – Extension Program 2. Approve the allocation of internally restricted reserves, $96,421 – Section 94 Emergency Services Rural Development contribution for the overspend and additional funding required for the community bore project.

Funds allocated. Matter closed

With respect to outstanding actions from previous Council Meetings the 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.

1. PLANNING AND DEVELOPMENT MATTERS DETERMINATIONS – October 2019

10.2019.59.1 Dwelling and Separate Shed plus 42 Muir’s Road OBERON NSW 2787 11.2019.59.1 On Site Waste Water 19.2019.29.1 10.2019.61.1 Transportable Dwelling & On Site 951 Shooters Hill Road OBERON NSW 20.2019.14.1 Waste Water 2787 19.2019.30.1 11.2019.53.1 Farm Shed 3395 O'Connell Road THE LAGOON NSW 2795 10.2019.62.1 One off Family Fun Day 2408 O'Connell Road O'CONNELL NSW 2795 10.2019.56.1 Function Centre 397 mutton Falls Road TARANA NSW 2795 18.2019.9.1 In ground Swimming Pool and Child 3311 Beaconsfield Road O'CONNELL Resistant Safety Barrier NSW 2795 10.2019.66.1 Use of Existing and Construction of 22 Edith Road OBERON NSW 2787 11.2019.66.1 Additional Retaining Wall 10.2019.52.1 Rural Access Gateway 3445 Beaconsfield Road O'CONNELL 11.2019.52.1 NSW 2795

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11.2015.21.2 Construction Certificate Subdivision 32 Bracken Glen Lane OBERON NSW - Stages 9 & 10 only 2787 18.2019.8.1 Dwelling and On Site Waste Water 20 Pilarcik Lane OBERON NSW 2787 19.2019.27.1 10.2019.67.1 Two Lot Subdivision (boundary 224 Cranfield Road & 222 Cranfield Road adjustment) CHATHAM VALLEY NSW 2787 10.2014.54.2 Modification of Subdivision 53 O'Connell Plains Road O'CONNELL Development Application NSW 2795 10.2014.54.1 (Five lot residential subdivision plus Residue Lot)

Total fees for Applications during October 2019 were $15587. The year to date income is $60,778 which is 61.39% of the total income ($99,000) estimated.

Copies of determinations are available for inspection at Council’s Administration Centre. 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.

Number of Applications Lodged

35 30 25 20 15 10 2019 Applications 5

0 2018 Applications

Number of applicationsof Number

July

May

June

April

March

August

October

January

February

December

November September Month

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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 2019 the following Certificates were issued:

CERTIFICATES – October 2019 SECTION 10.7 PLANNING CERTIFICATES 39 Environmental Planning and Assessment Act, 1979 SECTION 735A CERTIFICATES AS TO NOTICES 5 Local Government Act, 1993. SECTION 121ZP CERTIFICATES AS TO ORDERS 2 Environmental Planning and Assessment Act, 1797 SECTION 6.26 BUILDING CERTIFICATES 1 Environmental Planning and Assessment Act, 1979

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.

Certificates for 2019 60

50

40 Sec 6.26 30 121ZP 20 735A

10 Sec 10.7 Total certificates 2018 0

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OBERON ANIMAL POUND

The following are details of activity at the Animal Pound in October 2019.

40 Number of Cats and Dogs impounded 2019 35

30 2019 Carried Over 25

20 2019 Dogs

15 2019 Cats Number of Animals of Number 10

5 2018 Cats & Dogs total

0

July

May

June

April

March

August

October

January

February

December

November September Month

DOG DECLARATIONS October 2019 Notice of Intention to Declare a Dog Dangerous 0 Notice to Declare a Dog Dangerous 0

Notice of Intention to Declare a Dog Menacing 1

Notice to Declare a Dog Menacing 0

Notice of Intention to Declare a Dog Nuisance 1

Notice to Declare a Dog Nuisance 0

MISCELLANEOUS MATTERS

Various inspections, including building inspections, health inspections, environmental inspections and complaints were conducted during October 2019.

TYPE OF INSPECTIONS October 2019 Building Inspections 40 Food Inspections 1 Environmental Inspections (Air, Noise and Water Pollution) 2 Subdivisions Certificate Inspections 1 Complaints (Including Animal Control) 8 Building Maintenance Inspections 8

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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 October 2019 and proposed works in the Technical Services area for the month of November 2019.

Recommendation:

That report item 14.03 be received as information.

Comment

1. COMPLETED & UPCOMING/PLANNED WORKS The following capital project works will continue during the month of November 2019.

Hazelgrove Road – Fencing of the new property boundary was completed by fencing contractor 30 October. Council staff and equipment are now in the process of shaping and applying additional gravel to the last 1km of road down to the Fish River Bridge. Subject to contractor availability for bitumen works, it is anticipated that the road will be ready by Monday 25 November 2019, subject of favourable weather.

Curtis Street Kerb & Gutter Works – New kerb construction work is proposed during November, on the northern side of Curtis Street between Ross Street & Earl Street. Restoration works will follow on the completion into early December 2019.

Black Springs (Abercrombie Road) – Works have been successfully completed on road rehabilitation of the 700 metre section of Abercrombie Road in the Black Springs Village, including Line marking and raised reflective pavement markers.

Heavy patch repairs have also been completed at two separate locations on the Abercrombie Road near Murray’s Lane and Mozart Road.

Oberon Common Footpaths – A new section of concrete footpath has been recently completed off Edith Road, leading from the bus pull over bay linking to the existing footpath. The new 20 metres of footpath provides for safe pedestrian movements at compliant gradients.

Community Drought Relief Water Bores – The commissioning of the projects are on hold subject of Essential Energy issuing National Metering Identification (NMI) numbers for each bore site, permitting the electrical contractor to formally connect power at Black Springs & O’Connell. This will then allow the community to commence extraction of water from both bores for drought or fire purposes only. Further approval permits are being sought from Department of Industry Water to potentially allow other uses.

Water Main Replacement Program – Staff will commence the upgrade of the existing 250mm diameter water trunk main from intersection of Bligh & Ross Street intersection up to Water Plant Lane. It is anticipated that this work will take 6 to 8 weeks to complete subject of ground conditions.

Hargraves Quarry Road - Staff have commenced the clean up of roadside vegetation and improving road shoulders along Hargraves Quarry Road as part of the $450,000 of funding recently allocated to improve this road. Aside from the current work, sections of Old Shooters Hill

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Rd, Edith Road and Titania Roads will be resealed this calendar year. Bitumen spray sealing is anticipated to take place by Council nominated spray sealing contractor Fulton Hogan during early December.

2. ACTIONING COUNCIL DECISIONS

The actions resulting from previous Council Meetings to be undertaken by the Technical Services Director are summarised as follows:

20 February 2018 ORDINARY COUNCIL MEETING 15 200218 1. Council authorise the compulsory acquisition of the land shown Dog Rocks Road within the attached Deposited Plan (DP 1235365) Lot 101 1.055Ha Compulsory Acquisition to be purchased and consolidate into the existing Dog Rocks Road of Forestry Corporation as additional Road Reserve. NSW Land 2. Council authorise an application to be made to the Minister for the Compulsory Acquisition of the land. 3. Council agree to the terms and conditions of the ‘Memorandum of Understanding’ between the Forestry Corporation of New South Wales and Oberon Council dated 23 December 2016. 4. That the General Manager be duly authorised to execute legal documents on Councils behalf for the purchase and transfer of this compulsory land acquisition. 5. Oberon Council pay Forestry Corporation NSW the amount of $2,900.00 for the transfer of land to Oberon Council, in accordance with the licenced valuation completed by Opteon 22 March 2017. 6. That Council puts survey marks on each corner to highlight the concerned area.

The application for Compulsory Acquisition of land currently remains with the Office of Local Government. Council solicitor McIntosh McPhillamy is pursuing the matter. Matter ongoing 17 July 2018 ORDINARY COUNCIL MEETING 15 170718 1. Council Establish a working party consisting of Councillors and Oberon Street Upgrade Council Staff, to develop ideas for Oberon Streets and make and Beautification recommendations to Council in regards to the proposed amenity, Working Party improvements to the existing area. 2. Upon investigation a report be submitted to Council outlining costs for improvements recommended for further consideration.

Nomination email sent to Councillors 03/10/2019 seeking participants for the Oberon Street Upgrade & Beautification Working Party.

Matter ongoing 20 NOVEMBER 2018 ORDINARY COUNCIL MEETING 13 201118 1. Until Council received instruction as to the funding allocation for the Future of East Oberon entire project any decision for the Oberon East Sewerage Project Sewerage Project development be deferred. 2. No further expenditure be undertaken on the Oberon East Sewerage Project until a decision is made regarding the project. 3. Council adopt proposed design flow projections for Oberon STP.

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The population figures for the STP have been forwarded to Western Research Institute (WRI) for collation of a report for Department of Industry Water (DoI Water) Review.

WRI Report now received and a working party meeting will be held on 19 November 2019. Matter ongoing 19 FEBRUARY 2019 ORDINARY COUNCIL MEETING 13 190219 3. Council actively seek a deputation to both the Minister for Forestry Bitumen Sealing 1 – and the Local Federal Member for Calare to provide a brief on the 2km of Council’s Local impact heavy vehicles are continuing to have on Campbell’s River Road Network Road given the substantial amount of heavy vehicle activity utilising the road.

Funds re-distributed.

Grant application under Fixing Country Roads Program submitted 10 October, pending review and outcome. 3. Matter ongoing 12 MARCH 2019 WORKS COMMITTEE MEETING 07 120913 1. The Smart Water Network Metering report be received as Smart Water Network information. Metering 2. That Council commence investigation options on the available smart water metering devices and provide a presentation on features and options for upgrading the Oberon water reticulation to smart metering.

Matter ongoing 16 APRIL 2019 ORDINARY COUNCIL MEETING 26 160419 1. Council approve the revised proposal to close those parts of public Road Closure – Portions road located on Edith Road shown as Lot 1 and Lot 2 (Land) in the of Edith Road Plan for First Title Creation and Road Closing pursuant to section 38A of the Roads Act 1993 (NSW); 2. That upon closure the Land be classified as operational land; 3. That upon closure, Council approve the sale of those parts of public road located on Edith Road shown as Lot 1 and Lot 2 in the Plan for First Title Creation and Road Closing for the agreed sum 4. That all costs associated with the legal, survey and registration of the land parcels be borne by the applicant who is the adjoining landowner. 5. That the General Manager be delegated authority to undertake the notification process required under section 38 of the Roads Act 1993 (NSW) and to execute all documents associated with giving effect to the above resolutions of Council. Matter ongoing

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21 May 2019 ORDINARY COUNCIL MEETING 13 210519 1. Not proceed to install a new toilet facility at Herb David Park, Herb David Park subject to the relatively close proximity of other existing toilet facilities. 2. Purchase additional directional signage to alert the community and visitors alike to the existing toilet facilities.

Signage installed.

Matter closed 18 June 2019 ORDINARY COUNCIL MEETING 16 180619 1. Council nominate the Open Tendering method as prescribed in Water Treatment Plant – accordance with Clause 166(a) of the Local Government Regulation Tender (T2019/3) 2005 for the construction of a new fluoride plant, hardware and Fluoridation Plant Room commissioning to Oberon Council township drinking water supply. & Hardware (T2019/3). Implementation 2. At the conclusion of the Tendering period a report will compiled and brought to the next available meeting of Council recommending the successful tenderer and seeking approval to proceed with fluoride augmentation work at the Oberon Water Treatment Plant.

New flow meter required to be installed along the filtered water main to the storage reservoirs to establish more accurate flow information to inform the Form 1 application currently lodged. A contractor has been engaged to undertake this work. Once Public Works receives approval from DoI Water, the final design & tendering brief can be completed to allow commencement of open tendering. Matter ongoing 16 July 2019 ORDINARY COUNCIL MEETING 33 160719 1. Council approve the proposal to close those parts of public road Road Closure – Parcels located on Abercrombie Road shown as Lots 4 and 13 in the Plan on Abercrombie Road for First Title Creation and Road Closing pursuant to section 38A of the Roads Act 1993 (NSW); and 2. Upon closure the Land be classified as operational land; and 3. Upon closure, Council approve the sale of those parts of closed public road located on Abercrombie Road shown as Lots 4 and 13, in addition to the sale of Council operational land shown as Lots 5 and 6 in the Plan for First Title Creation and Road Closing pursuant to section 38A of the Roads Act 1993 (NSW) for the agreed sum; and 4. Council approve to dedicate as public road those parts of Council operational land located on Abercrombie Road shown as Lots 3 and 11 in the Plan for First Title Creation and Road Closing pursuant to section 38A of the Roads Act 1993 (NSW). 5. Council approve to acquire Lots 1, 2 and 10 as shown in the Plan for First Title Creation and Road Closing pursuant to s177 and 178 of the Roads Act by agreement with the landowners pursuant to s30 of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

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6. The General Manager or his nominated representative be delegated authority to undertake the notification process required under section 38 of the Roads Act 1993 (NSW) and to execute all documents associated with giving effect to the above resolutions of Council.

Council have received the updated plans and administration sheets from Central West Survey. Once signed and returned these will be lodged at the LRS by Central West Survey on behalf of Council.

The final plans will allow Council to progress the notification process for road closing of Lots 4 and 13 in the plan.

Matter ongoing 20 August 2019 ORDINARY COUNCIL MEETING 15 200819 That the final version of the Roadside Vegetation Management Plan be Roadside Vegetation deferred to allow further consultation with Upper Macquarie County Management Plan Council and others in relation to the effect this plan may have on operations undertaken by Upper Macquarie County Council relating to roadside weed and native vegetation management.

Council waiting on response from local weeds authority (UMCC) re: Final draft of the RVMP before consideration by Council for its adoption can occur.

Matter ongoing 23 200819 1. Implement the recommendations identified in the Mass Chain Of Responsibility Management Report and provide $17,000 from Councils Plant Gap Analysis by Management Fund to undertake the recommendations. Consultancy Mass Management 2. Implement a program to install a GPS system on its heavy vehicle fleet to meet the future needs of heavy vehicle management for trucks 4.5 tonne GVM and greater and that this be funded from Councils Plant Management Fund.

Mass Management have delivered CoR documents and training procedures/policy for Oberon Council staff 27 September to 3 October 2019.

GPS System is currently being sorted for heavy vehicle fleet, finalising discussions with supplier.

Matter ongoing 17 September 2019 ORDINARY COUNCIL MEETING 24 170919 That Council transfer $450,000 from the externally restricted funds for Road Asset the purposes of capital work improvements for bitumen spray re-seals Maintenance Works on Hargraves Rd, Harvey’s Rd, Old Shooters Hill Rd, Old Shooters Hill Rd & Edith Rd Intersection and Titania Road.

Works in progress Matter ongoing

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15 October 2019 ORDINARY COUNCIL MEETING 09 151019 1. The Minutes of the Traffic Advisory Local Committee Meeting held TALC Meeting on 3 October 2019 be endorsed. 2. Council endorse the Oberon Bicycle Road Race being held on 24 May 2020, subject to further approvals being obtained by the event organisers from NSW Police and Transport for NSW in accordance with the applications submitted and conditions applied to the event. 3. Council endorse the Six Foot Track Marathon being held on 14 March 2020, subject to conditions applied to the event.

Matter ongoing 16 & 17 151019 That Council proceed to purchase a FAE Forestry Mulcher with Fixed Purchase of Mulching Tooth Rotor for the sum of $56,410.00 ex. GST. Head That Council reallocate funds from the Sealed Roads Maintenance and Unsealed Roads Maintenance budgets into the Plant Fund for the purchase of a FAE Forestry Mulcher with Fixed Tooth Rotor.

In Progress Matter ongoing 29 151019 That: Land Purchase Request 1. Council agree to close the 1,944sq/m of surplus road reserve and Brien Road, Oberon sell it off to the adjoining property owners of Lot 20 in DP 860460 in accordance with the attached Valuer Generals price guide of $6.41sq/m. 2. The 1,944sq/m shall be consolidated into Lot 20 DP 860460, and shall not be permitted to have any separate building entitlement. 3. The land anomaly located on the north eastern corner of Lot 20 that protrudes into Councils existing road reserve be dedicated to Oberon Council by the owner of Lot 20 in collaboration to the sale of the 1,944sq/m of existing road reserve. 4. All costs associated with survey, Title amendments and legal expenses be at the applicants full cost. 5. That confirmation by way of survey be provided to verify the location of the bore is within the boundary of the land.

Matter ongoing

3. WORKS ON LOCAL ROADS, BRIDGES AND PARKS Council crews have been busy throughout the LGA completing maintenance works as programmed under the 2019/20 program.

Roadworks - Gravel re-sheeting works are presently being carried out in Gorman’s Lane and Felled Timber Road.

Council Graders - have provided maintenance to the following roads: Junction, Sewell’s Creek and Burroughs Crossing Roads.

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Parks and Gardens - have routinely carried out mowing at the North Street garden, Hassall Park at O’Connell in addition to road verges at O’Connell, Richards Park, Robinson Park and Black Springs Park.

Road Maintenance -The Jet-patching crew attended to Abercrombie Road, O’Connell Road, Duckmaloi Road, Rutter’s Ridge Road, Lowes Mount Road, Mutton Falls Road and Horace Street.

The Council crews also attended to fixing guide posts and sweeping along Sewells Creek Road and improving the drainage along Nunan’s Hill Road.

4. WORKS ON TOWN IMPROVEMENTS

Kerb & Gutter Construction – Works are in the planning stage for Curtis Street which is part of the 2019/2020 Kerb & Gutter Construction Program. Notifications to affected residents in Curtis Street have been sent including details of the proposed works.

North Street – Parks & Garden staff have commenced the planting of the new longitudinal garden bed along the frontage of the Recreation Ground off North Street Oberon.

Oberon Common – Parks & Garden staff will be planting out the recently constructed garden beds in the Oberon Common during November.

Old Steel Skate Park Equipment – The former steel skate park equipment was proposed for removal during October did not occur. It is now programmed to remove this equipment from the Recreation Ground during November and relocate to a holding facility.

5. WORKS FOR ROADS AND MARITIME SERVICES (RMS)

RMS – Roads Maintenance Council Contract Works

RMCC Works Oberon LGA – Work planning for repairs on both the Duckmaloi & O’Connell State Road network will see $380,000 of heavy patching repairs commencing from 18 November 2019. The work will consist of a pavement stabilising machine to apply slag/lime mix to strengthen the below section of pavement, works is expected to take 2 weeks to complete.

 Heavy patching repairs on O’Connell Rd Road (MR 253), approved area of 2800m2. The work is proposed along sections between Eight Mile Creek Bridge and Carlwood Road.  Heavy patching repairs on Duckmaloi Rd (MR 558) – approved area 4100 m2. The work is proposed between: 1. Titania Road and Deep Creek. 2. On the eastern end of Duckmaloi Road 700m before Jenolan Caves Road intersection.

RMCC Drainage Project – Trunkey Road - As part of Roads Maintenance Council Contract work with the RMS, Council staff have recently put a bid together for a drainage improvement project to bridge approaches on the Trunkey Road at the boundary between Bathurst Regional Council & Upper Lachlan Shire Council. At the request of RMS the work project has a budget of $34,000 and is to be facilitated by Oberon Council resources commencing 12 November and anticipated for completion by 22 November 2019.

 Heavy Patching works on O’Connell Road and Duckmaloi Road will commence from 11 November 2019. Resealing works will commence in February 2020.

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 RMCC routine maintenance is ongoing as required per conditions of the State Road contract for both O’Connell & Duckmaloi Roads.

6. WORKSHOP REPORT

The following plant maintenance and repairs were undertaken by the workshop during the month of October.

DATE PLANT DESCRIPTION OF WORK 1/10/2019 # 51 - WESTERN STAR TRUCK SERVICE 10000 HRS 1/10/2019 # 51 - WESTERN STAR TRUCK REPAIR LEAKING SUMP 2/10/2019 # 58 - WESTERN STAR TRUCK REPAIR TRAP CABLES 2/10/2019 # 42 - ISUZU / PAVELINE REPAIR LOOSE PAVER 3/10/2019 # 58 - WESTERN STAR TRUCK SERVICE 12000 HRS 8/10/2019 # 54 - MACK TRIDENT TIPPER REPLACE UNI JOINTS IN STEERING SHAFT 8/10/2019 # 7 - CAT D7R DOZER REPLACE HYD HOSE TO RIPPERS 9/10/2019 # 2 - CAT 12M GRADER REPLACE RH DOOR GLASS 10/10/2019 # 2 - CAT 12M GRADER SERVICE 3000 HRS 10/10/2019 # 1 - CAT 12M GRADER REPLACE MUFFLER 11/10/2019 # 2 - CAT 12M GRADER REPLACE ENGINE COMPUTER - WESTRAC WARRANTY 11/10/2019 # 41 - FUSO WATER CART SERVICE 200000 KMS 14/10/2019 # 28 - TORO 7210 MOWER SERVICE 15/10/2019 # 2 - CAT 12M GRADER REPLACE HEAD LIGHT 16/10/2019 # 41 - FUSO WATER CART REPLACE GEAR SHIFT LINKAGE PARTS 16/10/2019 # 28 - TORO 7210 MOWER REPLACE FAN BELT 17/10/2019 # 50 - WESTERN STAR TRUCK SERVICE 6750 HRS 18/10/2019 # 28 - TORO 7210 MOWER REPLACE PARK BRAKE PADS / WHEEL STUDS & NUTS 23/10/2019 # 93 - TOYOTA HILUX 4X4 SERVICE 60000 KMS 28/10/2019 # 96 - SOLAR TRAFFIC LIGHTS SERVICE 28/10/2019 # 99 - SOLAR TRAFFIC LIGHTS SERVICE 29/10/2019 # 51 - WESTERN STAR TRUCK REPLACE BEARING IN TRAP PULLEY 29/10/2019 # 50 - WESTERN STAR TRUCK 8 X DRIVE TYRES 30/10/2019 # 54 - MACK TRIDENT TIPPER TARP REPAIRED 30/10/2019 # 80 - MITSUBISHI TRITON 4X4 REPLACE DPF SENSOR 30/10/2019 # 42 - ISUZU / PAVELINE REPLACE FRONT EMULSION VALVE 30/10/2019 # 8 - CAT 324DL EXCAVATOR SERVICE 5750 HRS 31/10/2019 # 6 - CAT 938K LOADER REPLACE DIFF OILS 31/10/2019 # 69 - TOYOTA RAV 4 SERVICE 60000 KMS

Work on RFS Vehicles DATE BFO VEHICLE DESCRIPTION OF WORK 23/10/2019 BFO 4479 - JENOLAN CAT 1 REPLACE BATTERY ISOLATER

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General Work DATE DESCRIPTION OF WORK 18/10/2019 WORKSHOP FIT NEW HOIST - 2 POST 5.4 TON

7. ATTENDING EXTERNAL MEETINGS The Technical Services Director attended the following during October 2019:

 Chain Of Responsibility – Tuesday 1 October 2019  Oberon Quarries ‘Safety Concerns’ – Tuesday 1 October 2019  Calare Civil ‘Flowerdale’ Inspection – Wednesday 2 October 2019  Traffic Authority Local Committee Meeting – Wednesday 2 October 2019  Interviews Labourers & Truck Driving Position – Thursday 3 October 2019  Councillor Information Briefing Session – Tuesday 8 October 2019  Pinpoint GPS Systems for Trucks – Wednesday 9 October 2019  John Holland Group/OTHR ‘Rail & Bicycle/Pedestrian Trail’ – Wednesday 9 October 2019  Macquarie Regional Water Strategy Stakeholder Meeting, Bathurst – Thursday 10 October 2019  Interview Truck Driver Position – 11 October 2019  Ordinary Meeting of Council - 15 October 2019  Hazelgrove Road ‘Land Acquisition Meeting’ – 21 October 2019  Calare Civil ‘Flowerdale Final Inspection – Monday 28 October 2019  RMS Bi-Annual Meeting Oberon Council Chambers – Wednesday 30 October  RFS Chifley Zone Liaison Committee Meeting O’Connell – Wednesday 30 October 2019

Notes:

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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 October 2019, plus planned activities for the upcoming months.

Recommendation:

That report item 14.04 is received as information.

Comment

1. PLANNED ACTIVITIES FOR NOVEMBER and DECEMBER

Some of the community events being held during November and December include:

- MOVEMBER Fundraising Lunch on Saturday 30 November. The guest speaker is Kerry Peck. The lunch is part of Council’s efforts to raise awareness of Men’s Health and to assist with research through the Movember Foundation. - COMMUNITY CHRISTMAS CAROLS, hosted by Oberon Little Athletics and Council on Friday 6 December at the Recreation Ground. There is a full program of local performers with special guest Amber Lawrence. - COMMUNITY CHRISTMAS GROTTO will be held from 13 to 15 December in Ross Street, between Oberon Street and Tally’s Lane. The Oberon Rotary Shop Local competition draw will be held on the Friday afternoon, there will be music and activities throughout the 3 days of festivities, as well as Santa visits. We will be holding a Christmas Tree Competition and selling the 42 pine trees being donated by Forestry Corporation on the last day. All monies raised during the Grotto will be donated to Oberon CanAssist. Information about any of the above events can be found in the Community Newsletter or by contacting Council’s Community Services Team on 6329 8100.

2. STATUS OF 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 General Manager.

Minute Number Summary/Progress 9 April 2019 FINANCE COMMITTEE MEETING 03 090419 1. Council provide in principle support for LiveBetter Oberon Community Community Transport to house a bus on the land currently occupied by Oberon Transport Carport Community Transport, at their own cost. 2. Council consult with LiveBetter to provide an appropriate location for the carport for their consideration. Awaiting plans from LiveBetter – Matter ongoing

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18 June 2019 ORDINARY COUNCIL MEETING 17 180619 That Council: Webcasting of 1. Use an audio only method to record Council meetings. Council Meetings 2. Post the recordings to the Council website within 5 workings days of a meeting. 3. Editing of recordings is not permitted except to remove any inadvertently recorded confidential information. 4. Record the resolution in the supplementary provision of the Code of Meeting Practice for Oberon Council. 5. Test the preferred option to ensure sufficient quality prior to the 14 December 2019 deadline. Testing underway. Matter ongoing 17 September 2019 ORDINARY COUNCIL MEETING 14 170919 1. Endorse Kathy Beesley, Carol Hogan and Eddie Gibbons as Committee Black Springs Members. Community Hall 2. Investigate costing and a funding source, including possible grant Committee funding, to purchase 30 new tables and 500 chairs for use across community facilities. Costing and funding source being investigated. Point 1 completed, Point 2 matter ongoing 15 October 2019 ORDINARY COUNCIL MEETING 11 151019 1. Accept the 2019/20 Audited Financial Statements in accordance with 2018/19 Audited Section 413 (3) the annual financial report is in accordance with the Financial Local Government Act 1993 (as amended) and the Regulations made Statements 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. Delegate the Mayor, Deputy Mayor, General Manager and the Corporate Services Director to sign the 2018/19 Audited Financial Statements when the Audit Office Review has been received and there are no material changes required. 3. Place the Audited Financial Statements on public exhibition until 15 November for comment. Matter ongoing 13 151019 That Council: CTA Internal Audit 1. Endorse the re-establishment of an Audit, Risk and Improvement Committee Committee (ARIC) in partnership with Lithgow City Council from November 2019. 2. Endorse the appointment of Mr Phillip Burgett & Mr Neil Maltby as independent ARIC members for the remaining term of Council, to September 2020. 3. Note that the Mayor will be Council’s voting member of the CTA ARIC at the November meeting. 4. Note that a further report will be provided at the earliest opportunity to endorse the draft CTA ARIC Charter and seek nominations for the

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appointment of a Councillor voting member of the CTA ARIC. Matter Completed 14 151019 1. Report item 13.05 be received for information. Town Improvement 2. The General Manager report back to Council with a proposal to Levy allocate non-expended funds to projects identified in the current Community Strategic Plan.

See report to 11 November 2019 Finance Committee Meeting. Matter completed

With respect to outstanding actions from previous Council Meetings the 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. FINANCE

Debt Recovery Council moved its debt recovery service to Customer Commercial Services (CCS) on 1 July 2019 and we are pleased with the progress. CCS has reduced our current files to 162, closed 52 files with payments totally approx. $95,896 following the issue of 82 demand letters. Our current arrears as at 31 October 2019 sits at $333,015.

For the period 1 July to 31 October 2019 there has been no legal action entered into, all the transactions have been through demand letters.

Rate Payments Below are the rates and annual charges received for the period 30 September 2019.

Rural Non-urban Farmland Residential Business Total Residential Centre Brought forward 191,056 334,194 68,991 20,726 57,432 $672,399 1 July 2019 Current Levy 2,179,443 2,374,394 710,786 184,392 640,614 $6,089,629 Payments, concessions & -1,000,513 -1,033,934 -338,674 -92,671 -343,477 -$2,809,269 interest Balance $1,369,985 $1,674,655 $441,103 $112,447 $354,569 $3,952,759 outstanding Overpayments -$78,992 Legal charges $699 Total rates $3,874,466 outstanding

4. INFORMATION TECHNOLOGY

Work on selecting a new enterprise management system continues. Civica gave a presentation of the latest version of their software to staff during the month. The EMS Working Group met following this presentation and they are preparing a report to the Executive Management Team.

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The IT/GIS Coordinator attended a presentation on Managing Office 365 and Microsoft Teams in preparation for the migration from Office 2010.

5. OBERON LIBRARY

New New Program Month Visits Loans CTC eLoans Members Items* attendance troubleshooting July 2019 1,510 977 9 146 143 * August 2019 1,505 981 6 198 207 * September 1,348 828 7 116 84 80 2019 October 2019 1,772 873 14 239 149 5 131 … Total 2019/20 6,135 3,659 36 699 583 5 211* Total 2018/19 17,570 11,566 166 1,437 1,131 * Number to be provided next month

Talks in the Library Ken Bird, of the community based network Wasp Patrol (based in Lithgow) visited the library on Thursday 24 October to give a talk on how to identify the European Wasp and implement a strategy for its control. European wasps are a problem. Every nest that is not found releases thousands of queen wasps in late autumn to hibernate and create more nests the following year. Wasp Patrol is an attempt by a small group of citizens to raise public awareness and agitate for action while working to reduce the problem. The majority of the nests that they have found in 2018 and 2019 have been on public land.

Twenty five (25) people attended the talk with Ken, who also left information for people to pick up from the library if they were unable to attend the session. It was so popular with people looking for a session in the evening that could not attend during the day. Ken has agreed to hold a second session at 6pm on Thursday 14 November in the Community Centre.

October School Holiday Activities In total 45 children participated in the library school holiday activities. Children took part in Comic Book adventures creating their own stories which were developed into comic strips. Twenty children plus their carers enjoyed the children’s Pink-up morning tea. Participants enjoyed listening to stories The Tiger Who Came to Tea and Tea Rex, and uncycled objects in craft activities after partaking in a delicious pink tea party. Gold coin donations were contributed to the McGrath Foundation fundraiser.

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During the second week of the holidays Lego challenge returned, as well as, Suntastic, where children made sun catchers and printed on solar sensitive papers to make interesting prints.

Library visits Library staff visited Oberon Children’s Centre to read stories and deliver books.

Community groups who met at the library during October were the Wrap with Love knitting group, U3A Bridge Club, and the Reading Enthusiasts and Book Chat Club.

Residents from Columbia aged care also visited the library for a book chat and morning tea.

6. COMMUNITY SERVICES

Oberon Community Transport employee, Nadine Roach, will be taking maternity leave from January 2020 for 6 months. During this time, the office will be manned by staff from the Lithgow Office. There will be no change to the office hours or service provided during this time.

Staff have been kept busy preparing for community events scheduled during November and December. Refer to list of community events at the end of this report for information.

7. COMMUNITY TECHNOLOGY CENTRE

The CTC moved to its new location and the Official Opening will take place on Thursday 21 November.

The first trouble shooting session was held in the new location on Thursday 24 October. There has been limited use of the CTC during October due to preparation for the move. During October, five people came to the troubleshooting sessions.

Publishing Assistance provided to community events and groups included:  Flyers for Rotary Forum Lift the Lid on Mental Health  Artwork for the community garage sale  Artwork for Pink Up Oberon town signage  Pink Stumps Lunch Poster  Pink up Oberon events calendar

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 School Holiday Activities flyer  OYC poster new members and Halloween Movie night  Movember posters  European Wasp talk flyer  Design of poster for Masonic Lodge open day  Oberon Community Christmas Grotto flyer

Community Newsletter The October issue featured Pink Up Oberon on the front cover; 2,108 hard copies were mailed to Oberon LGA residents; and 266 copies were emailed to e-subscribers. It included inserts for Oberon Outdoor Week and Black Springs Heritage Festival.

8. COMMUNITY EVENTS Community activities/events for 2019/20 (activities/events will be added as they arise)

1 November OYC Halloween Movie Night, Community Centre 1-30 November Moberon, Men’s Health activities 2-10 November Oberon Outdoor Week: Fishing Competition, Heritage Tours, Skate Park Clinic, Bike Week Rat Race 9-10 November Rockley Gardens & Art 9-10 November Freemason Oberon Lodge 355 Open Day 11 November Remembrance Day Service 14 November Wasp Man, Community Centre 15 November Oberon Council Local Government Golf Day 17 November Edith Picnic 23 November Skoberon Art Prize 4 December Welcome to Oberon Supper 6 December Oberon Community Carols 8 December Fish River Festival 13-16 December Christmas Grotto 6-17 January School Holiday Activities 12-23 February Seniors Festival 7-8 March Spartan Event 1-9 April NSW Youth Week – How to Adult session

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14.05 WATER AND SEWER PLANT REPORT File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director

Summary This report provides a summary of the WaterNSW Dam weekly storage levels during October and Oberon township water consumption and sewerage reticulation for the month of October 2019, including the Water NSW Fish River Valley Operational Update.

Recommendation:

That report item 14.05 is received as information.

Comment: Below is the monthly overview of the Water and Sewer operations of Council. With ongoing drought conditions the water levels in Lake Oberon continue to decline. .

1. WEEKLY OBERON DAM LEVELS The following is a weekly dam level recording for Oberon Dam predominately for the month of October, results supplied by WaterNSW:

02/10/2019 34.3% 14/10/2019 33.9% 21/10/2019 33.5% 30/10/2019 33.2%

A dam level decrease of 1.1% for the month of October 2019.

2. WATER TREATMENT PLANT CONSUMPTION FROM WATERNSW OBERON DAM (ML) 01/10/2019 – 07/10/2019 = 13.752 08/10/2019 – 14/10/2019 = 17.064 15/10/2019 – 21/10/2019 = 14.151 22/10/2019 – 31/10/2019 = 12.286

The total consumption of raw water for October 2019 = 57.253ML

The October 2019 Average Daily Consumption for Oberon was 57.253 /31 = 1.846ML

Note: The Average Daily Water Consumption trend during September 2019 was 2.06ML/day. (October 2018 was 1.78 ML/day). An increase of 0.066 ML p/d to the same time last year.

REPORTS OF WATER ISSUES

There were no reports of dirty water, supply issues, water odour or taste issues logged in Council’s complaints system during October 2019.

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3. SEWER PLANT – WEEKLY PLANT kL INTAKE FOR TREATMENT OF WASTE WATER

01/10/2019 – 07/10/2019 = 7,579 kL 08/10/2019 – 14/10/2019 = 6,653 kL 15/10/2019 – 21/10/2019 = 7,084 kL 22/10/2019 – 31/10/2019 = 9,150 kL

Total Waste Water volume inflow to Oberon STP during October 2019 = 30,466 kL

4. PLANT TECHNCIAL ISSUES OCTOBER

WATER During the month of October a total of 5 Technical issues were experienced and rectified.

1. NSW Water a problem their pumps causing Oberon WTP electricity ‘tripping’ on plant start up. This was a computer programing issue on their equipment (SCADA) which needed their technician to rectify. This triggered 42 trips alone in the final 3 weeks of October. 2. Raw water quality high in Manganese due to the low dam water level compounded by windy weather. 3. Internal Plant issues  The internal water into the WTP filtration room broke causing minor flooding, causation due to vibration and age.  External W/C vent pipe snapped of at roof gutter level due to excessive wind or storm.  Network communication breakdown of plant computers due to aging faulty cable connections. This was rectified by a technician.

WASTE WATER PLANT During the month of October 2 x Technical issues were experienced and rectified.

1. The Supernatant pump power supply had a power failure, possibly due to lightning strike/power surge. 2. The digester mixer relay required replacement.

PLANT UPGRADES AND PRO-ACTIVE MAINTENANCE

WATER PLANT:  Preventative maintenance on all pumps.  Laboratory testing instruments calibrated.  End of month routine maintenance checks completed.  Blower oil change and permeate pumps pro-actively greased.  The Electrical, Batching and Membrane Rooms were all cleaned and swept out.  The air compressor Belts were tension adjusted.  The floors in the Lab and office were swept and mopped.  A citric soak (cleaning) of the raw water tanks was conducted at the beginning of October.  Grounds Maintenance Water Treatment Plant complete.

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 Additional proactive water testing at more remote areas of the town to monitor Chlorine and Manganese levels apart from the designated Sites (5) that are completed as routine weekly.  Health NSW routine visit to Oberon discussion on new sampling requirements for ‘chemicals’ and has also added a ‘pesticide’ sampling regime that now needs to be added to testing program.

WASTE WATER PLANT:  Trickling filter arms have been cleaned of rubbish and proactively greased.  Preventative maintenance on all pumps around the site.  Cleared rubbish from screen extractor.  The grit channel was emptied twice (due to the drought, less grit than normal).  Both Sedimentation Tanks were emptied to the digester and then to the sludge lagoons twice during October.  End of month routine maintenance completed.  Grounds Maintenance Water Treatment Plant complete.  Checked pH level at pond 4 discharge and began dosing with citric acid to correct balance.  The Alum Bund was cleaned out.  The office building was swept and mopped weekly.  More obsolete equipment and rubbish was taken to the tip.

PUMP STATION MAINTENANCE/MONITORING  The pumps were monitored daily and checked for rag build up.  Checked inlet tank on daily base for rag blockages.  Rubbish from the building was taken to the tip.  All other pump station inspected & operating satisfactorily.

Notes:

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14.06 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 5 October 2019 to 8 November 2019 and provides a summary of the drought assistance provided to the Oberon community since its introduction on 16 May 2018.

Recommendation:

That report item 14.06 be received for information.

Comment Council has previously resolved to assist the rural and non residential ratepayers through potable drinking water, for use only within the Oberon Local Government Area. At its 20 August 2019 Ordinary Council Meeting Council resolved to extend this subsidy for a further three months.

Under normal seasonal conditions August to December have the highest estimated daily pasture growth rates on the Central Tablelands. Oberon continues to receive well below average rainfall. Higher than normal rainfall is needed now to replenish subsoil moisture profiles to support pasture growth and replenish dams.

To accommodate this concern Council continues to assist by reducing the cost of potable water to the rural and non residential users subject to monthly tracking.

Below is a table of usage from residents in the Oberon LGA from 5 October to 8 November 2019.

Date Amount Purpose Cost to Normal Normal Litres (Domestic/ Consumer ($) Residential Standpipe Stock) 0.67c/1000 L Rate ($) Purchase $2.97/1000 L Rate ($) $5.80/1000 L 10/10/2019 25,000 Domestic 16.75 74.25 145.00 11/10/2019 13,000 Domestic 8.71 38.61 75.40 15/10/2019 20,000 Domestic 13.40 59.40 116.00 18/10/2019 13,000 Domestic 8.71 38.61 75.40 18/10/2019 20,000 Domestic 13.40 59.40 116.00 18/10/2019 60,000 Domestic 40.20 178.20 348.00 23/10/2019 13,000 Domestic 8.71 38.61 75.40 24/10/2019 13,000 Domestic 8.71 38.61 75.40 25/10/2019 20,000 Domestic 13.40 59.40 116.00 25/10/2019 100,000 Domestic 67.00 297.00 580.00 28/10/2019 13,000 Domestic 8.71 38.61 75.40 28/10/2019 25,000 Domestic 16.75 74.25 145.00 28/10/2019 50,000 Domestic 33.50 148.50 290.00 28/10/2019 36,000 Domestic 24.12 106.92 208.80 29/10/2019 26,000 Domestic 17.42 77.22 150.80

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29/10/2019 13,000 Domestic 8.71 38.61 75.40 29/10/2019 10,000 Domestic 6.70 29.70 58.00 30/10/2019 25,000 Domestic 16.75 74.25 145.00 1/11/2019 25,000 Domestic 16.75 74.25 145.00 5/11/2019 50,000 Domestic 33.50 148.50 290.00 6/11/2019 10,000 Domestic 6.70 29.70 58.00

Total 580,000 388.60 1722.60 3364.00

Notes:

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14.07 GRANTS MONTHLY UPDATE File No: Governance/Grants/ November 2019 Author: Gillian Salmon, Grants Coordinator

Summary This report provides a summary of Grant Funding applications and submissions, both internal and external, during October 2019.

Recommendation

That report item 14.07 is received as information.

Comment

The main focus for October has been on preparing and completing applications for roads projects including the full business case application for the Growing Local Economies Fund for the Tablelands Way, the Fixing Country Roads application for Campbell’s River Road and reviewing opportunities for the new Fixing Local Roads program.

1. SUCCESSFUL GRANT APPLICATIONS AND FUNDING NOTIFICATIONS

There were no funding notifications during October.

2. GRANT APPLICATIONS SUBMITTED or REVIEWED a) Fixing Country Roads – Campbell’s River Road Deviation

The Campbell’s River Road deviation at Campbell’s River is located approximately 35km south west of Oberon on an important freight route connecting NSW State Forests in the Burraga, Black Springs and Jeremy areas with the Oberon timber mill complex.

The project will construct a new 700-800m elevated longitudinal section of Campbell’s River Road on the northern side of the crossing over Campbell’s River. The bulk of costs associated with the project are associated with earthworks to elevate the road to avoid inundation. The proposed road footprint will be 10 metres wide with an 8 metre bitumen spray seal. A new flood free river crossing structure and a tributary crossing structure will be installed.

The total estimated cost of the project including contingency is $1,825,300. The application was for 100% funding. The indicative Benefit Cost Ratio (BCR) for the project was 3.0 at a 7 per cent discount rate. However the mandatory Roads and Bridges Construction Benefit Cost Analysis Model does not capture the significant cost implications of flooding of the road across the timber manufacturing supply chain, so this is considered to be a conservative cost benefit estimate.

Announcements of successful projects is expected in December 2019.

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b) Growing Local Economies Fund – The Tablelands Way Upgrade Project On 9 August 2019 Council received approval to proceed to Stage 2 - Business Case Submission of the Growing Local Economies (GLE) for the major infrastructure upgrade to The Tablelands Way.

The project consists of three elements which fall under three different LGAs and two state electorates. The three project partners are  Oberon Council - lead applicant  Upper Lachlan Shire Council  Lithgow City Council

The development cost of the project is $15,291,360 (GST exclusive). The application was for 100% funding.

The application included a request for an exemption from the 25% co contribution requirement to the GLE, given the economic disadvantage of the Lithgow LGA and the impact that Forestry industry has on road networks in the Oberon and Upper Lachlan Council areas.

In what has become known as the “Taralga to Tarana Link Upgrade” project the proposal will upgrade road infrastructure at key pinch points along TTW between Taralga and Tarana to improve the safety and accessibility of this route for all road users.

The Tablelands Way is both an important tourist route and a strategic freight route connecting Canberra with the Hunter Valley.

Scope of Works There are three project sites that make up the Tablelands Way Taralga to Tarana Upgrade Project.

Upper Lachlan Section will upgrade four sections of the Taralga Road including the steep and treacherous section of the road from the Abercrombie River crossing up the hill to Curraweela Creek and the Tanjenong locality. The scope of works on the Taralga Road will include widening of the carriage way to 7m with two 1 metre shoulders, pavement upgrades and installation of safety barriers. Total Cost of this element is $6,584,294.

Oberon Section Lowes Mount and Mutton Falls Roads Oberon Council will upgrade and widen the full 19.3km of the Lowes Mount Road from the Albion Street Roundabout to the intersection with Mutton Falls Road. The project also includes an upgrade of the 500m section of Mutton Falls Road to the bridge over the Fish River. The project will include widening of the carriageway and strengthening of road shoulders, improved drainage improved longitudinal alignment at high risk curves, a two coat bitumen reseal and line marking. Total cost of this element is $7,983,300.

Lithgow Section Mutton Falls Road. In the EOI stage of the application Lithgow Council proposed to upgrade sections of McKanes Falls Road. As this work has now been completed the Department of Premier and Cabinet (DPC) has approved a variation in scope to allow Lithgow Council to apply for funding to upgrade the 4.112km section of Mutton Falls Road from the Fish River Bridge to Tarana. This element will include widening the road to a minimum of 7m carriageway with two 1m shoulders, improved drainage and a two coat 20/10 bitumen reseal Total cost of this element is $724,004.

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Project Benefits The main objectives of the projects are to:

1. Improve the efficiency of freight movements along the route and access for modern B- Doubles resulting in increased business productivity whilst supporting the continued expansion of the forestry industry, timber mills and manufacturing plants based both in the region and interstate.

2. Support growth in the visitor economy in particular by interstate and international travellers, resulting in increased visitor expenditure and extended overnight stays further supporting new tourism jobs and employment in associated sectors.

3. Improve road safety for all road users and effectively reduce road maintenance costs resulting in fewer accidents and more efficient/ sustainable asset management.

Using a real discount rate of 7 per cent, the total project generates a Net Present Value (NPV) of $93.4 million with a Benefit Cost Ratio (BCR) of 6.82.This is a very conservative estimate.

A BCR of 6.82 means that policy makers can expect $6.82 in benefits for every $1 in costs. This suggests that investment in this project will return greater benefits than a without project scenario.

The project received wide scale community, political and industry and tourism sector support including from Borg Panels, Mangans Logging and Haulage, NSW Forestry Corporation, Jenolan Caves, Mayfield Garden, numerous complaints about the condition of Mutton Falls Road from community members in the Oberon and Lithgow Council areas, Member for Bathurst Mr Paul Toole and Member for Goulburn Ms Wendy Tuckerman.

Internal Grants

Details/Description of Grant Submitted Grant Program Status Project Amount 16 Jan 2019 Water Bores Black Springs Drought $161,150 Projects now and O’Connell Communities completed Programme and grant Showground Amenities Block $147,000 and Electricity Metre closed

$187,000 Fitness Centre Fitout

RV Dump point and Tourist $74,000 Boards

$129,450 O’Connell Footpath 15 February Detecting Priority Weed Communities $446,000 Unsuccessful 2019 Populations Using Satellite Combating Weeds Remote Sensing During Drought

25 February Oberon NAIDOC Day 2019 NAIDOC $1,600 Received 2019 Grant Fund- half funding Indigenous requested Advancement Strategy

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21 February Road Upgrade Abercrombie Drought Relief $300,000 Successful 2019 Rd near Black Springs Heavy Vehicle Program 20 February How to Adult Life Skills Event Youth Week 2019 $1,861 Successful 2019 Oberon Youth Council February Oberon Outdoor Week 2019 Regional Flagships $20,000 Successful 2019 Events Program – Incubator Fund 15 May 2019 Accessible Footpaths Oberon My Community $50,000 Unsuccessful Common Project 23 May 2019 The Tablelands Way Major Growing Local $20 million Successful in Infrastructure Upgrade Economies Fund proceeding to the full business case stage 05 July 2019 Oberon Family Bike Week NSW Bike Week $3,569 Successful Train 2019 26 July 2019 NSW Safer Roads Program Safety Upgrade $1,965,000 Under review Abercrombie Road Porters Retreat Requested to submit second treatment option August 2019 Seniors Festival 2020 NSW Seniors $5,000 Pending Festival Grants 01 August Tech Savvy Seniors NSW State Library $1,518 Successful 2019 27 O’Connell Recreation Ground Stronger Country $485,000 Pending September Communities R3 2019 27 Oberon Spartan Event Stronger Country $50,000 Pending September Communities R3 2019 27 Playground Shade Stronger Country $80,000 Pending September Structures- Oberon and Black Communities R3 2019 Springs 27 Youth Fitness Program Stronger Country $50,000 Pending September Communities R3 2019 10 October Campbell’s River Road Fixing Country $1,825,300 Pending 2019 Deviation Project Roads 2019 Round 30 October Tablelands Way Upgrade Growing Local $15,291,360 Pending 2019 Taralga to Tarana Economies Fund Full Business Case Stage

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3. GRANT APPLICATIONS IN PROGRESS

Fixing Local Roads On 1 November 2019 the new $500million Fixing Local Roads (FLR) Program opened. The FLR program will provide funding to councils to repair, maintain or seal priority important local roads. This program targets roads that do not meet the freight significance or benefit cost ratio (BCR) requirements of the current Fixing Country Roads (FCR) program.

Key points from the FLR Guidelines are

 Funding is to repair, maintain and seal priority or important local roads - backlog works.  Project must be deliverable within 24 months of funding notification i.e. by Feb 2022.  Projects will not be required to meet a threshold BCR.  Applicants can apply for up to 100 percent of the value of the project however co- contributions from council are strongly encouraged – minimum 25% co contribution is recommended.  There is no limit to how many applications each applicant can submit.

Importantly the guidelines state that:

The NSW Government is aware of the concerns of a number of councils regarding the unique challenges maintaining roads in LGAs with large areas of State Forest. In response to these concerns, a proportion of funding from the total allocation will be allocated specifically for roads in forestry areas.

Council staff are reviewing the current hierarchical road matrix and the bitumen sealing report from February 2019 Works Committee meeting to identify shovel ready project nominations for the FLR.

Applications close 2 December 2019.

4. SUMMARY OF GRANTS CORRESPONDENCE

Date Addressee Subject Status or Response 18 June 2019 The Assessment Letter of Support Application Pending Panel Community Oberon Museum Wellbeing Support workshops Grants 05 November 2019 Mr Stuart Miller Appealing funding offer Negotiations ongoing Emergency for Natural Disaster regarding inclusion of staff Management Relief Assistance. on costs and plant costs. Coordinator Additional documentation Public Works provided. Advisory 04 July 2019 and Mr Paul Toole Advising status of NSW Council has sent invitations ongoing Member for Bathurst government Funded to Paul as projects are projects completed. Meadows Road official opening occurred on 04 November 2019

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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.

16.01 CITIZEN OF THE YEAR AWARDS File No: Community Relations/Awards Author: Gary Wallace, General Manager

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)

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16.02 ROAD MANAGEMENT AUDIT UPDATE, IMPLEMENTATION AND RESOURCING OF PROJECT File No: Governance/Ordinary/Confidential Author: Gary Wallace, General Manager; Garry Styles Special Projects

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.

17. CLOSURE OF MEETING The Mayor will declare the meeting closed.

The next Ordinary Meeting of Oberon Council will be held on:

Tuesday 17 December 2019 commencing at 5.30pm in the Oberon Council Chambers 137 – 139 Oberon Street, Oberon.

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