BUSINESS PAPER ORDINARY MEETING Thursday 16 November 2017 6.00pm Council Chambers, Gunning TABLELANDS REGIONAL COUNCIL'S VISION To build and maintain sustainable communities while retaining the region’s natural beauty. COUNCIL'S MISSION To provide services and facilities to enhance the quality of life and economic viability within the Council area. COUNCIL'S AIMS To perform services in a cost efficient, effective and friendly manner in order to achieve Council's Mission in meeting the annual objectives and performance targets of the principal activities Council undertakes on behalf of the community. NOTICE OF MEETING 8 November 2017 Councillors Dear Members Ordinary Meeting of Council Notice is hereby given that the next Ordinary Meeting of Council will take place on Thursday 16 November 2017 in the Council Chambers, Gunning commencing at 6.00pm. Your presence is requested. Yours faithfully JK Bell General Manager Upper Lachlan Shire Council AGENDA ACKNOWLEDGEMENT OF COUNTRY I would like to acknowledge the Traditional Custodians of this Land. I would also like to pay respect to the Elders past and present, of the Wiradjuri Nation, and extend that respect to other Aboriginals present. 1 APOLOGIES AND LEAVE OF ABSENCE 2 CITIZENSHIP CEREMONY Nil 3 DECLARATIONS OF INTEREST 4 CONFIRMATION OF MINUTES ..................................................................... 11 4.1 Minutes of the Ordinary Meeting of Council of 19 October 2017 12 5 MAYORAL MINUTES ..................................................................................... 37 5.1 Mayoral Minute October – November 2017 38 6 PRESENTATIONS TO COUNCIL/PUBLIC 6.1 Report from Will Luck, Angus Kemmis and Elysia Mackay who attended the 2017 New South Wales Youth Council Conference 6 CORRESPONDENCE .................................................................................... 39 7.1 Correspondence for the month of November 2017 40 7 LATE CORRESPONDENCE REPORTS FROM STAFF AND STANDING COMMITTEES 8 ENVIRONMENT AND PLANNING ................................................................. 59 9.1 Monthly Weeds Activities Report 60 9.2 Development Statistics for the Month of October 2017 64 9.3 Proposed road name in subdivision the subject of development consent 91/2008, Lot 7 DP1054873, Snake Gully Road, Curraweela 70 9 WORKS AND OPERATIONS ......................................................................... 83 10.1 Works In Progress - Construction & Maintenance 84 10.2 Proposed Road Closure under the Roads Act 1993 Lots 1 to 8 inclusive DP 1186912 Reids Flat Road, Bigga 88 10.3 Crown Land Reserves - Grabben Gullen 93 10.4 Closure of Public Road Reserve Collector - west of lot B DP 379906 115 10.5 Water Supply and Sewerage Services Update 121 10.6 Road Closure Application - Boongarra Road 124 10.7 Hydrotherapy Pool Presentation 135 10.8 Christmas in the Park Presentation 143 10.9 Emergency Services Access 145 Ordinary Meeting held on 16 November 2017 Page 3 10.10 Adoption of Engineering Plan Checking Fees 147 10.11 Proposed Acquisition of Crown land for Road under the Land Acquisition (Just Terms Compensation Act 1991) on MR 248 East Laggan - Taralga Road near Commissioners Creek. 150 10.12 Works In Progress - Technical & Managerial 156 10 FINANCE AND ADMINISTRATION ............................................................. 161 11.1 Investments for the month of October 2017 162 11.2 Bank Balance and Reconciliation - 31 October 2017 166 11.3 Rates and Charges Outstanding at 31 October 2017 168 11.4 Presentation of the 2016/2017 Annual Report 170 11.5 Quarterly Budget Review Statements - 1st Quarter 2017/2018 173 11.6 Library Quarterly Report 233 11.7 Memorandum of Understanding - Southern Tablelands Arts 239 11 GENERAL MANAGER ................................................................................. 247 12.1 Staffing Matters 248 12.2 Working Together to Deliver – LGNSW Program for Council Leaders 249 12.3 Goodhew Park - Taralga Land Purchase 257 12.4 Property Aquisition: 106-108 Goulburn St, Crookwell 259 12.5 Performance Management Policy - General Manager 261 12.6 Action Summary - Council Decisions 269 12.7 Growing Local Economies Fund Applications 273 12 LATE REPORTS 13 REPORTS FROM OTHER COMMITTEES, SECTION 355 COMMITTEES AND DELEGATES ....................................................................................... 277 14.1 Reports for the month of November 2017 278 14 BUSINESS WITHOUT NOTICE 15 NOTICES OF MOTION ................................................................................. 295 16.1 Crookwell Swimming Pool 296 16.2 Kerb and Gutter in fill 297 16.3 Natural Gas Mains and Pipeline 298 16 QUESTIONS WITH NOTICE ........................................................................ 299 17.1 Lot Averaging 300 17.2 Crookwell Air Strip 301 17.3 Crookwell Waste Depot 304 17 CONFIDENTIAL SESSION .......................................................................... 309 18.1 Categorisation of Group Terms and Land Use Definitions 18.2 Crookwell Landfill Upgrade - request for compensation Ordinary Meeting held on 16 November 2017 Page 4 UPPER LACHLAN SHIRE COUNCIL LEAVE OF ABSENCE General Manager Upper Lachlan Shire Council Spring Street CROOKWELL NSW 2583 Dear Sir I wish to apply for leave of absence from the Council Meeting to be held on Date: …………………………………….... I will be absent for the following reason/s: ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… Yours faithfully ……………………………… (Councillor Signature) Ordinary Meeting held on 16 November 2017 Page 5 ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES ETHICAL DECISION MAKING 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? Could your possible conflict of interest lead to private gain or loss at public expense? Can the decision be justified in terms of public interest? Would it withstand public scrutiny? CONFLICT OF INTEREST A conflict of interest is a clash between private interest and public duty. There are two types of conflict: 1. Pecuniary – regulated by the Local Government Act and Department of Local Government and, 2. 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 interest 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 interest conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned. Ordinary Meeting held on 16 November 2017 Page 6 AGENCY ADVICE Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes. Contact Phone Email Website Upper (02) 4830 [email protected] www.upperlachlan.nsw.gov.au Lachlan 1000 Shire Council ICAC (02)8281 [email protected] www.icac.nsw.gov.au 5999 Toll Free 1800463909 Office of (02) 4428 [email protected] www.olg.nsw.gov.au Local 4100 Government NSW (02) 9286 [email protected] www.ombo.nsw.gov.au Ombudsman 1000 Toll Free 1800451524 Ordinary Meeting held on 16 November 2017 Page 7 UPPER LACHLAN SHIRE COUNCIL COUNCILLORS DISCLOSURE OF A PECUNIARY INTEREST PURSUANT TO SECTION 451 OF THE NSW LOCAL GOVERNMENT ACT 1993 (AS AMENDED) To the General Manager I, ____________________________________________________________ Declare a Conflict of Interest, being a PECUNIARY Interest. COUNCIL MEETING Name of Meeting _______________________________________________ Date of Meeting Page Number ________________________ Item Number ______________ Subject _____________________________________________________ Reason for Interest ____________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ OTHER THAN COUNCIL MEETINGS Reason for Interest ______________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________ _____________________ Signature Date Ordinary Meeting held on 16 November 2017 Page 8 UPPER LACHLAN SHIRE COUNCIL COUNCILLORS DISCLOSURE OF A NON-PECUNIARY INTEREST PURSUANT TO SECTION 451 OF THE NSW LOCAL GOVERNMENT ACT 1993 (AS AMENDED) To the General Manager I, _______________________________________________________________________ Declare a Conflict of Interest, being a NON-PECUNIARY Interest. Significant Non Significant COUNCIL MEETINGS Name of Meeting __________________________________________________________ Date of Meeting __________________________________________________________ Page