26 OCTOBER 2015 - PUBLIC VERSIONarchive.lithgow.nsw.gov.au/agendas/15/1026/151026-agenda.pdf ·...

A CENTRE OF REGIONAL EXCELLENCE

AGENDA

ORDINARY MEETING OF COUNCIL

TO BE HELD AT

THE ADMINISTRATION CENTRE, LITHGOW

ON

26 OCTOBER 2015

AT 7.00pm

AGENDA

ACKNOWLEDGEMENT OF COUNTRY APOLOGIES PRESENT CONFIRMATION OF THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON 28 SEPTEMBER 2015 DECLARATION OF INTEREST PUBLIC FORUM PRESENTATIONS - NIL MAYORAL MINUTES 2015 AR Bluett Memorial Award Springvale Mine Approval STAFF REPORTS General Managers Reports Environment and Development Reports Operation Reports Corporate and Community Reports COUNCIL COMMITTEE MINUTES Youth Council Minutes - 15 September 2015 Operations Committee Meeting - 17th September 2015 Crime Prevention Committee Minutes - 28 September 2015 Sports Advisory Committee Meeting Minutes - 29th September 2015 DELEGATES REPORTS - NIL NOTICES OF MOTION Urgent Drainage Works for 61 Hartley Valley Rd - Clr F Inzitari Adventure Playground - Clr R Higlett Lithgow Lions Club Community Markets - Use of Civic Ballroom - Clr R Higlett QUESTIONS WITH NOTICE - NIL NOTICE OF RECISSIONS - NIL

BUSINESS OF GREAT URGENCY as identified by Clause 241 of the Local Government (General) Regulations 2005 CLOSED COUNCIL Gumnut House Lease Option Confidential Land & Environment Appeal - DA248/14 Tweed Road Lithgow Summary of Leases and Rental Income Contract for Linemarking Services

TABLE OF CONTENTS ITEM TITLE PAGE

MAYORAL MINUTES 1

ITEM-1 MAYORAL MINUTE - 26/10/15 - 2015 AR BLUETT MEMORIAL AWARD

1

ITEM-2 MAYORAL MINUTE - 26/10/15 - SPRINGVALE MINE APPROVAL 4

GENERAL MANAGERS REPORTS 7

ITEM-3 GM - 26/10/15 - LOCAL GOVERNMENT REFORM - FIT FOR THE FUTURE - IPART ASSESSMENT

7

ITEM-4 GM - 26/10/15 - COUNCIL MEETING SCHEDULE FOR 2016 9

ITEM-5 GM - 26/10/15 - CHRISTMAS AND NEW YEAR CLOSURE 12

ITEM-6 GM - 26/10/15 - RETURNS UNDER SEC 449 LG ACT 1993 DISCLOSING INTERESTS OF COUNCILLORS & DESIGNATED PERSONS

14

ITEM-7 GM - 26/10/15 - WATER STANDPIPE CHARGES 17

ENVIRONMENT AND DEVELOPMENT REPORTS 20

ITEM-8 ENVIRO - 26/10/15 - DEVELOPMENT APPLICATION - DA179/15 - CONSTRUCTION OF TOILET BLOCK WALLERAWANG SPORTSGROUND

20

ITEM-9 ENVIRO - 26/10/15 - REVIEW OF SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN

22

OPERATION REPORTS 24

ITEM-10 OPER - 26/10/15 - WATER REPORT 24

CORPORATE AND COMMUNITY REPORTS 27

ITEM-11 CORP - 26/10/15 - COUNCIL INVESTMENTS HELD TO 30 SEPTEMBER 2015

27

ITEM-12 CORP - 26/10/15 - DRAFT ANNUAL FINANCIAL STATEMENTS 30

ITEM-13 CORP - 26/10/15 - FINANCIAL ASSISTANCE REQUEST FOR CIVIC BALLROOMTONY LUCHETTI SPORTSGROUND FEE WAIVER

32

COUNCIL COMMITTEE MINUTES 34

ITEM-14 CORP - 26/10/15 - YOUTH COUNCIL MINUTES - 15 SEPTEMBER 2015

34

ITEM-15 OPER - 26/10/15 - OPERATIONS COMMITTEE MEETING - 17TH 35

SEPTEMBER 2015

ITEM-16 CORP - 26/10/15 - CRIME PREVENTION COMMITTEE MINUTES - 28 SEPTEMBER 2015

37

ITEM-17 OPER - 26/10/15 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 29TH SEPTEMBER 2015

38

NOTICES OF MOTION 40

ITEM-18 NOTICE OF MOTION - 26/10/15 - URGENT DRAINAGE WORKS FOR 61 HARTLEY VALLEY RD - CLR F INZITARI

40

ITEM-19 NOTICE OF MOTION - 26/10/15 - ADVENTURE PLAYGROUND - CLR R HIGLETT

42

ITEM-20 NOTICE OF MOTION - 26/10/15 - LITHGOW LIONS CLUB COMMUNITY MARKETS - USE OF CIVIC BALLROOM - CLR R HIGLETT

44

BUSINESS OF GREAT URGENCY 45

CLOSED COUNCIL 46

ITEM-21 ENVIRO - CONFIDENTIAL - CLOSED COUNCIL - 26/10/15 - GUMNUT HOUSE LEASE OPTION

46

ITEM-22 ENVIRO - 26/10/15 - CLOSED COUNCIL - CONFIDENTIAL LAND & ENVIRONMENT APPEAL - DA248/14 TWEED ROAD LITHGOW

47

ITEM-23 ENVIRO - CLOSED COUNCIL - CONFIDENTIAL - 26/10/15 - SUMMARY OF LEASES AND RENTAL INCOME

48

ITEM-24 OPER - CLOSED COUNCIL - CONFIDENTIAL - 26/10/15 - CONTRACT FOR LINEMARKING SERVICES

49

AGENDA - ORDINARY MEETING OF COUNCIL HELD ON 26 OCTOBER 2015 1

MAYORAL MINUTES

ITEM-1 MAYORAL MINUTE - 26/10/15 - 2015 AR BLUETT MEMORIAL AWARD

REPORT BY: COUNCILLOR MAREE STATHAM - MAYOR

SUMMARY

Lithgow City Council has been selected as the winner of NSW’s most prestigious award for Local Government, the A R Bluett Memorial Award.

COMMENTARY

The A R Bluett Memorial Award is contested each year by councils in NSW recognising the most progressive in the state. The Award looks at all aspects of council operations and services. Albert Robert Bluett was an outstanding figure in Local Government, serving as the Secretary and Solicitor to the Local Government and Shires Associations of NSW for 30 years. He was the authority on Local Government law, and his opinion was respected by the legal profession and ministers of the crown. He helped to write the Local Government Act of 1919. Following Bluett’s death in April 1944, the councils of NSW subscribed to a fund as a permanent memorial to his work. Lithgow City Council last won the Award in 1958. The announcement that Lithgow was selected as the winner of the Rural category of the AR Bluett Memorial Award was made at the recent Local Government NSW Annual Conference held at Rosehill. This is an achievement that I am exceptionally proud of. The Award recognises the very hard work put in by Council and staff plus the overall good management of the Council. What this Award does recognise is the large number of projects have been delivered by Lithgow City Council in recent years and this has been through the efforts of not just the current Council but also the previous term of Council. These projects are greatly improving the way of life for the people of the Lithgow Local Government Area. Relative to our size there would not be another council in the state that has delivered such a level of projects that this Council has over such a prolonged period of time. Local government in NSW is presently going through a reform process, the ‘Fit for the Future’ program, and Council was required to take a long hard look at its current performance, issues facing the council and planned improvement strategies. One of the key indicators that Council considered was the ability to deliver large capital projects. Clearly this is an area that Council has done well in. An ongoing commitment to infrastructure renewal, planning for growth and seeking opportunities to partner at a Federal, State and Regional level will see Lithgow City Council continue to remain financially sound and ‘Fit for the Future’.


Not only has Council been successful in obtaining some wonderful grants funds it has also had to make some hard decisions over the years. These decisions have allowed us to provide much needed infrastructure. These efforts have enabled Council to provide some very significant projects, including:

Lithgow and Wallerawang sewerage treatment plants Clarence Water Transfer Scheme to securing the water security for our towns Stages 1 & 2 of the Farmers Creek Flood Mitigation Scheme, thus reducing the

impacts of floods Stages 1, 2 & 3 of the Lithgow Aquatic Centre Upgrades to the hockey grounds Improvements to the Tony Luchetti Sportsground The partnership with Western Sydney University and creation of the College

Campus here in Lithgow Public toilet upgrades Hassans Walls Platform Lookout

There are also some very significant projects in the pipeline including:

Portland Sewerage Treatment Plant Black Bridge, Wallerawang Blast Furnace Park upgrade CBD Revitalisation Project

The Award is not only about major projects though and other improvements were also taken into account such as Council's online DA tracking, youth programs, the adoption of the LEP, Halloween, Lithglo, and business development programs. During the finalist presentation we had terrific support by the Western Sydney University which not only provided the venue for the presentation but the head of Campus, Dr Laurie Stevenson, also made a presentation to the Trustees. Added to this Mr Stephen Johannson, the architect of the Lithgow Aquatic Centre, also gave a presentation to the Trustees. Not surprisingly we were advised that we were up against some very stiff competition for this award this year, in fact the Trustees advised that there had been a significant increase in nominations. I feel very strongly that Lithgow City Council has worked hard to improve our community and am extremely proud that Council has been recognised for these efforts by being selected as the winner of the A R Bluett Memorial Award for 2015.

ATTACHMENTS

1. http://www.lgnsw.org.au/news/media-release/media-release-lithgow-city-council-takes-out-prestigious-award


RECOMMENDATION

THAT Council: 1. Note that Lithgow City Council was selected as the winner of the 2015 AR

Bluett Memorial Award 2. Hold a community event for the official presentation of the Award 3. Formally thank Dr Laurie Stevenson and Mr Stephen Johannson for their

assistance in meeting with and presenting to the AR Bluett Memorial Trustees.


ITEM-2 MAYORAL MINUTE - 26/10/15 - SPRINGVALE MINE APPROVAL

REPORT BY: COUNCILLOR MAREE STATHAM - MAYOR

SUMMARY

On Thursday 15 October 2015 Federal Government approval was given for the Springvale Mine Extension Project.

COMMENTARY

In September 2012 Springvale Coal, the applicant, provided a Briefing Paper to the NSW Department of Planning seeking to commence the process for the Springvale Mine Extension Project. The applicant proposed to extend mining operations, using longwall mining technique, within the existing Colliery holding. The Briefing Paper was intended to enable the Department of Planning and Infrastructure (DP&I) to issue Director-General's requirements for the preparation of the Environmental Impact Statement required to support the Development Application. At that point in time the State development consent was set to expire on 28 September 2014. The proposal was to extract up to 4.5 million tonnes per annum of run of mine coal from the Lithgow Seam. This is based upon operations at 24 hours per day seven days per week. Through another process a modification to the existing consent was given for an extension of 12 months. This allowed the mine to continue operations up to 30 September 2015. The formal application for the project was lodged on 18 November 2013 and proposed a total capital investment value for the development of $17.65M. Councillors will recall that the NSW Planning Assessment Commission (PAC) held a public hearing for the project on 27 May 2015. A total of 37 verbal submissions and 24 written submissions we made to the Commission. This included both two verbal submissions and one written submission by Council. The PAC released a report indicating that it was satisfied that the Springvale Mine Extension Project’s benefits were considered to outweigh the potential impacts and that the development is therefore ‘approvable’. Unfortunately the process from here did not appear to progress as positively as we had hoped and the project was still not approved. On 13 August 2015 the NSW Minister for Planning, the Hon. Rob Stokes, requested the PAC to carry out a review of the Project and this public hearing was held on 3 September 2015. At the second hearing a total of 35 verbal and 19 written submissions were made to the public hearing. This again included to verbal submissions by Council along with a written submission. The NSW Planning Assessment Commission on 21 September 2015 determined the application and gave it approval. The PAC stated:


"The Commission has carefully weighed the key areas of concern, including minewater discharge impacts and subsidence-related swamp impacts, against the socio-economic benefits of the project. The Commission is satisfied that the project's benefits outweigh its potential impacts, and has determined that the project should be approved, subject to the Department's recommended conditions."

Once approval was given by the State Government approval was then required under the Commonwealth Government's Environmental Protection and Biodiversity Conservation Act 1999 (EPBC). This process could not be commenced until the State consent was provided. The Commonwealth gave its consent on 15 October 2015. Unfortunately as a result of the delays in the granting of consent Centennial Coal announced that it was going to stand down staff at the mine. These stand downs commenced from Monday 17 August 2015 as time progressed further stand downs took place. With the delay in the granting of consent and the imminent stand downs a public meeting was called by Council for the community to demonstrate its support for the application, the mine and most importantly for the workers and the Lithgow community. This was held on Friday 14 August 2015 at ClubLithgow. A further public meeting was held on Saturday 22 August 2015 at Cook St Plaza. During this time we had at stake with this project not only the future of hundreds of miners but also the future of the Mt Piper Power Station which is supplied coal from the Springvale Mine and then of course the ongoing impact that this would have on the Lithgow community. The power station being the provider of up to 15% of the NSW electricity supply and employing another 250 employees. Throughout this time it was well documented the representations that Council had made along with the establishment of the Council's Mining Taskforce. Representations were made to local members, ministers of both the NSW State Government and Commonwealth Government plus also to the NSW Premier. It is wonderful that once the application was approved that the workers got back to work so quickly. While this fight is over for this development there are still other projects in the Lithgow Local Government Area that are currently going through the assessment process and as time goes by there will be further similar projects that require approval. Unfortunately the process that is currently in place is inadequate and I applaud the Government's proposal to improve this process. This improvement must be done sooner rather than later and I feel that Council needs to continue to make representations for these changes. I am confident that the people of Lithgow understand that there needs to be appropriate processes and controls in place, however more certainty needs to be provided in this system.


ATTACHMENTS

1. Letter - Planning & Assessment Commission - Determination of the Springvale Mine Extension Project, Lithgow City Council Local Government Area

2. Media Release - Centennial Coal - Springvale returns to work

RECOMMENDATION

THAT Council: 1. Note that approval has been given for the Springvale Mine Extension Project 2. Continue to lobby for improvements to the NSW State approval process and

the Federal approval process for major mining developments.


GENERAL MANAGERS REPORTS

ITEM-3 GM - 26/10/15 - LOCAL GOVERNMENT REFORM - FIT FOR THE FUTURE - IPART ASSESSMENT

REPORT BY: R BAILEY - GENERAL MANAGER

REFERENCE

Min No 14-456: Ordinary Meeting of Council held on 17 November 2014 Min No 15-145: Ordinary Meeting of Council held on 29 June 2015

SUMMARY

The NSW Government received the Independent Pricing and Regulatory Tribunal (IPART) Assessment of Council Fit for the Future Proposals on Friday 16 October and released it to Councils on Tuesday 20 October 2015. Councils are now provided with a final 30 day consultation opportunity to inform the Government's position on local government reform and respond to the IPART findings. A Supplementary report is expected to be presented to Council in the coming days detailing the outcomes from the IPART report and implications for Council.

COMMENTARY

On Friday 16 October 2015 IPART handed down its final report assessing all of the Fit for the Future Proposals to the NSW Government. This report sets out their assessment of whether local councils are fit or not fit for the future based on the proposals submitted. 139 local council proposals from 144 councils were received included four merger proposals, 115 Council Improvement Proposals and 20 Rural Council Proposals. Lithgow City Council's submission was one of the 115 Council Improvement Proposals. Outside of Metropolitan Sydney, IPART received: 2 Merger Proposals 79 Council Improvement Proposals, and 20 Rural Council Proposals.

In relation to the 79 Council Improvement Proposals received by IPART in non-metropolitan areas, 32 were assessed as fit and 47 as not fit. Lithgow City Council was one of the 47 considered as 'not fit'. Given the time frame in which the report was released a supplementary report will be presented to Council in coming days that will detail the IPART findings in relation to Council.


POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council receive a supplementary report in relation to IPART's final report assessing Fit for the Future Proposals.


ITEM-4 GM - 26/10/15 - COUNCIL MEETING SCHEDULE FOR 2016

REPORT BY - R BAILEY - GENERAL MANAGER

SUMMARY

This report outlines the proposed dates for the Ordinary Council Meetings for 2016.

COMMENTARY

Council has a program of holding Council meetings on a general three weekly basis and usually on a Monday. The use of a three weekly meeting rotation involves a greater level of planning on the Council’s behalf and a schedule of meetings needs to be made. Items that need to be considered when planning the council meetings include:

Conferences Public holidays Possibly school holidays

The Local Government NSW Annual Conference in 2016 will be held in Wollongong from Sunday 16 October to Tuesday 18 October 2016. Under the NSW Local Government Act (s.287), the Local Government elections are set for the second Saturday in September 2016, being Saturday 11th September. Council is required under section 365 of the Local Government Act to meet at least 10 times per year, each time in a different month. Public Holidays in 2016 will include:

2016

New Year's Day Friday, 1 January

Australia Day Tuesday, 26 January

Good Friday Friday, 25 March

Easter Saturday Saturday, 26 March

Easter Sunday Sunday, 27 March

Easter Monday Monday, 28 March

Anzac Day Monday, 25 April

Queen's Birthday Monday, 13 June

Labour Day Monday, 3 October

Christmas Day public holiday

Sunday, 25 December


Boxing Day Monday, 26 December

*Additional Day Tuesday, 27 December

With NSW School holidays to be held on:

NSW Government School Holidays 2016 Summer Holidays Saturday 19 December 2015 Tuesday 26 January

2016 Autumn Holidays Saturday 9 April 2016 Tuesday 26 April 2016 Winter Holidays Saturday 2 July 2016 Sunday 17 July 2016 Spring Holidays Saturday 24 September 2016 Sunday 9 October 2016 Summer Holidays Wednesday 21 December

2016 Sunday 29 January 2017

The proposed dates for the Ordinary Meetings of Council for 2016 are as follows: Ordinary Council Meetings for 2016

8 February 29 February 21 March ** 18 April ** 16 May 6 June 27 June 18 July 8 August 29 August 10 October 31 October 21 November 12 December

** Represents 4 weeks between meetings As a result of the Local Government Elections to be held on 11 September 2015 there will be no meeting scheduled for September. An Extraordinary meeting of Council will be held following the Elections to elect the Mayor and Deputy Mayor for the 2016/17 period. POLICY IMPLICATIONS Policy 9.6 provides that Council will not have a meeting during the month of January. FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL


RECOMMENDATION

THAT Council hold the Ordinary Council meetings during 2016 generally on a three weekly basis on the following dates:

8 February 29 February 21 March 18 April 16 May 6 June 27 June 18 July 8 August 29 August 10 October 31 October 21 November 12 December


ITEM-5 GM - 26/10/15 - CHRISTMAS AND NEW YEAR CLOSURE

SUMMARY

This report advises Council of the closure of the administration office between Christmas and New Year and the essential service operations that will operate over this time

COMMENTARY

Council has closed part or all of its business over the Christmas to New Year period in past years and will again cease operations over this period from close of business on Thursday 24th December 2015 and reopen on Monday 4th January 2016. The following arrangements have been decided on for the Christmas closure for 2015:

Council administration areas and depots will close for business from close of business on Thursday 24th December 2015 and will re-open on Monday 4th January 2016.

Staff will have similar arrangements as previous years for leave. Outdoor staff will be required to use their RDO's, accrued leave or

annual leave to cover the closure period. An outdoor "skeleton" crew will be required to work during this period to

attend to emergencies. A number of staff, supervisors and managers will be required to be on

call/ available during the period for emergency situations.

Essential service and works staff will remain on duty during the period to ensure all such matters are attended to. An advertising program will be conducted to advise the community along with advertising advice to many of the Council clients. Essential Services Operating over Christmas/New Year

Lithgow Visitor Information Centre Ranger Eskbank House Museum Rural Tip's Emptying of street bins Streetsweeper Water and Sewerage Treatment Plants Cleansing Unit Parks Crews

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL


LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council note the report on the Christmas and New Year Closure.


ITEM-6 GM - 26/10/15 - RETURNS UNDER SEC 449 LG ACT 1993 DISCLOSING INTERESTS OF COUNCILLORS & DESIGNATED PERSONS

REPORT BY - R BAILEY - GENERAL MANAGER

SUMMARY To advise Council of returns lodged with the General Manager under Section 449 of the Local Government Act 1993 for Councillors & Designated Persons for the period 1 July 2014 to 30 June 2015 and seek confirmation of the positions noted as designated persons.

COMMENTARY Section 449 of the Local Government Act requires Councillors and designated persons to lodge returns under Section 449 for the period 1 July 2014 to 30 June 2015. At the due date for the returns being 30 September 2015, all designated persons and all elected Councillors have responded by supplying their completed return. Section 449 states: Division 2 Disclosure of interests in written returns Table of Provisions

449 Returns disclosing interests of councillors and designated persons

1. A councillor or designated person must complete and lodge with the general manager, within 3 months after becoming a councillor or designated person, a return in the form in Part 1 of Schedule 3.

2. A person need not lodge a return within the 3-month period after becoming a councillor or designated person if the person lodged a return in the previous year or if the person ceases to be a councillor or designated person within the 3-month period.

3. A councillor or designated person holding that position at 30 June in any year must complete and lodge with the general manager within 3 months after that date a return in the form in Part 1 of Schedule 3.

4. A person need not lodge a return within the 3-month period after 30 June in a year if the person lodged a return under subsection (1) within 3 months of 30 June in that year.

5. Nothing in this section prevents a councillor or designated person from lodging more than one return in any year.

6. Nothing in this section or Schedule 3 requires a person to disclose in a return lodged under this section an interest of the person's spouse or de facto partner or a relative of the person.


Section 450A requires the returns lodged under section 449 to be tabled at a meeting of Council and as such the returns are available at this meeting. Section 441 defines designated persons as:

the general manager other senior staff of the council

a person (other than a member of the senior staff of the council) who is a

member of staff of the council or a delegate of the council and who holds a position identified by the council as the position of a designated person because it involves the exercise of functions under this or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person's duty as a member of staff or delegate and the person's private interest

a person (other than a member of the senior staff of the council) who is a

member of a committee of the council identified by the council as a committee whose members are designated persons because the functions of the committee involve the exercise of the council's functions under this or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member's duty as a member of the committee and the member's private interest.

In addition to the General Manager the following positions have been classified as designated persons:

Group Manager Environment & Development Group Manager Operations Group Manager Corporate & Community Finance Manager Development Manager Water & Waste Water Manager Information Technology Manager Community & Culture Manager Tourism Manager Team Leader Building Team Leader Development Planning Team Leader Environment Strategic Land Use Planner Land Use Property Officer Building & Development Officers (4)

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL


LEGAL IMPLICATIONS NIL

ATTACHMENTS 1. Register of Disclosures by Councillors and Designated Persons Section 449 Local

Government Act 1993 as at 30 June 2015 (to be tabled at the meeting)

RECOMMENDATION

THAT: 1. Council acknowledge the disclosures received under Section 449 of the Local

Government Act 1993 for the period 1 July 2014 to 30 June 2015 from all designated persons and all Councillors

2. Reaffirm the following positions as ‘designated persons’ for the period 1 July 2015 to 30 June 2016:

Group Manager Environment & Development Group Manager Operations Group Manager Corporate & Community Finance Manager Development Manager Water & Waste Water Manager Information Technology Manager Community & Culture Manager Tourism Manager Team Leader Building Team Leader Development Planning Team Leader Environment Strategic Land Use Planner Land Use Property Officer Building & Development Officers (4)


ITEM-7 GM - 26/10/15 - WATER STANDPIPE CHARGES

REPORT BY: R BAILEY - GENERAL MANAGER

REFERENCE

Min No 15-187: Ordinary Meeting of Council held on 27 July 2015. Min No 15-193: Ordinary Meeting of Council held on 17 August 2015.

SUMMARY

Council recently considered the removal of the daily/monthly access fee for water standpipe consumers. The proposal has been placed on public exhibition and is now back with Council for final consideration.

COMMENTARY

Council presently provides a service to the community of making water available, for charge, via water standpipes located throughout the local government area. A metered standpipe is located at Hughes Street /Barton Avenue, Lithgow. This was erected in 2011 and led to a change in the fees and charges at the time. Prior to the metered access point water carters could access any standpipe and pay an annual fee. There were then no limits to the amount of water that could be accessed for a year or quarter. I n 2010-2011 the charges were:

Commercial carter Per year $3729.51 Commercial carter Per quarter $959.31 Water usage plus access charge Per Kilolitre $2.67 Daily access for metered water Per day $5.50

In 2011 when the new metered standpipe was introduced new fees were also introduced to recognise the actual amount of water used, hence a user pays system. For the 2015/16 period these charges are:

Water usage Per kilolitre $3.35 Standpipe Key /Card (deposit or replacement)

Each $58.05

Access for metered water standpipe

Per day Monthly

$6.65 $202.00

The bond is refundable on the return of the key, for regular commercial water carters the bond may be held over, consequently the next usage would be charges for access and water only. The access charge and usage charge are prepaid. Council's Customer Service Team monitors the daily usage by recording when the key is returned and taken, therefore they may pay for five days but only use three days


the first time and the other two day will remain in credit as does the kilolitres not used. Earlier this year a comparison (of 2014-15 charges) w a s made with other local government areas and the following charges were then being applied:

Council Access Card Access Fee Usage Bathurst $15 - $7.10/klOrange $77.25 $102 annually $2.78/klMid Western $30 - $5.15/klOberon - - $5.50/kl with a minimum

purchase of $27.00Lithgow $56 $6.40 per day $3.20/kl

As a further comparison the below charges are applied to those business premises connected to the town water supply.

Water Charge Business Access - 20mm $675.00 - annual

Access - 5 0 mm $895.00 - annual Access - 100mm $1020.00 - annual Access - 200mm $1020.00 - annualBusiness Usage Charges $3.11KL

The arrangements for the collection of water requires the customer to prepay for access and the water. The customer is then required to collect and return the key to Council. It has been requested that a more user friendly and efficient manner would be to remove the daily access charge completely. This may be done in the current year and a small increase made in future years to the kilolitre charge to compensate for the loss of revenue. Unfortunately in order to make amendments to the Council Revenue Policy the provisions relating to the adoption of the Operational Plan are to apply. Here the following is provided:

405 Operational plan (1) A council must have a plan (its "operational plan") that is

adopted before the beginning of each year and details the activities to be engaged in by the council during the year as part of the delivery program covering that year.

(2) An operational plan must include a statement of the council’s revenue policy for the year covered by the operational plan. The statement of revenue policy must include the statements and particulars required by the regulations.

(3) A council must prepare a draft operational plan and give public notice of the draft indicating that submissions may be made to the council at any time during the period (not less than 28 days) that the draft is to be on public exhibition. The council must publicly exhibit the draft operational plan in accordance with the notice.

(4) During the period of public exhibition, the council must have for inspection at its office (and at such other places as it may determine) a map that shows those parts of its area to which each


category and sub-category of the ordinary rate and each special rate included in the draft operational plan applies.

(5) In deciding on the final operational plan to be adopted, a council must consider any submissions that have been made concerning the draft plan.

(6) The council must post a copy of its operational plan on the council’s website within 28 days after the plan is adopted.

Council at its Ordinary meeting of Council held on 17 August 2015 resolved to advertise its intention of removing, in this financial year, the charge of a daily/monthly access fee for water standpipe consumers. Following this meeting the public were invited to make submissions in relation to the removal of the access fee. The public exhibition period was from 3rd August 2015 until 2nd October 2015 Council received two submissions in support of the removal of the daily/monthly access fee. POLICY IMPLICATIONS As outlined above FINANCIAL IMPLICATIONS Council’s estimated revenue from the water standpipe access fee for 2015-16 is $3,237. LEGAL IMPLICATIONS As outlined above

RECOMMENDATION

THAT Council remove the daily/monthly access fee for water standpipe consumers effective from 1 November 2015.


ENVIRONMENT AND DEVELOPMENT REPORTS

ITEM-8 ENVIRO - 26/10/15 - DEVELOPMENT APPLICATION - DA179/15 - CONSTRUCTION OF TOILET BLOCK WALLERAWANG SPORTSGROUND

REPORT BY: A MUIR - GROUP MANAGER ENVIRONMENT AND DEVELOPMENT

SUMMARY

To advise Council of the submission of Development Application 179/15DA for Lithgow City Council for the construction of a new toilet block on Lot 2 DP 727021 Brays Lane, Wallerawang Sportsground, Wallerawang. The application is recommended for approval, subject to conditions.

COMMENTARY

The proposal involves the construction of a new modern masonry toilet block that meets Council’s accessibility obligations. The building includes separate male, female and accessible toilets. The number of internal facilities has been assessed on the anticipated maximum number of users at a sporting event. The existing separate male and female toilets, which do not comply with requirements for accessibility, will be demolished. The location of the building has been determined through consultation with users and local community representatives. POLICY IMPLICATIONS Council’s Policy 7.6 – Development Applications on Council owned land are required to be referred to Council for consideration and determination and that no aspect of the development be dealt with under delegated authority. Given Council’s ownership of this land the proposal is reported to Council for determination. FINANCIAL IMPLICATIONS Funding for the project has been identified in Councils Operational Plan. Lithgow Section 94A Development Contributions Plan 2012 are applicable for the proposed development. The development cost is estimated at $146,300 and therefore the following provisions of the Lithgow City Council Section 94A Development Contributions Plan 2012 (S94A Plan) applies: Schedule 2- Summary of Section 94A Levy Rates:

Type of Development Levy (%) All development types valued at $100,000 or less 0.0% All development types valued at $100,001 and up to $200,000

0.5%

All development types valued in excess of $200,000 1%


A contribution of $731.50 would apply for this development. However, it has been requested by the applicant that consideration to the following provision of the S94A Plan be applied:

C7- Are there any exemptions to the levy? Council may consider exempting developments or component of developments from the Section 94A plan involved in the following applications: h) An application for or on behalf of Lithgow City Council for community

infrastructure such as libraries, community facilities, child care facilities, sport and recreational facilities, recreation areas or carparks;

The development is lodged by Lithgow City Council and is to enhance an existing sporting facility significant to Wallerawang. Therefore, it is considered that an exemption under Clause 7 of the S94A Plan should be applied in this instance. LEGAL IMPLICATIONS All matters of relevance under Section 79C of the Environmental Planning and Assessment Act 1979 have been taken into consideration.

ATTACHMENTS

1. A Section 79C report pursuant to the Environmental Planning and Assessment Act 1979.

2. Site Plan and Floor Plan of the proposal.

RECOMMENDATION

THAT: 1. Development Application 179/15 be APPROVED subject to conditions

specified in the attached Section 79C assessment. 2. An exemption to the Section 94A Development Contribution Plan 2012 levy be

applied to DA179/15 given the development is by Council for sporting and recreational facilities.

3. A DIVISION be called in accordance with the requirements of Section 375A(3) of the Local Government Act, 1993.


ITEM-9 ENVIRO - 26/10/15 - REVIEW OF SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN

REPORT BY: A MUIR – GROUP MANAGER ENVIRONMENT AND DEVELOPMENT

REFERENCE

Min No 12-123: Ordinary Meeting of Council held on 23 April 2012 Min No 12-217: Ordinary Meeting of Council held on 25 June 2012 Min No 12-315: Ordinary Meeting of Council held on 3 September 2012 Min No 15-220: Ordinary Meeting of Council held on 7 September 2015

SUMMARY

The purpose of this report is to seek Council adoption of the revised Lithgow Section 94A Development Contributions Plan.

COMMENTARY

At its Ordinary Meeting of 7 September 2015 Council resolved to place a revised a draft Section 94A Contributions on public exhibition for a period of 28 days. The draft Plan was subsequently placed on public exhibition. The Council will recall that the draft Plan incorporated a number of administrative changes and a revised works schedule. During the exhibition period no submissions were received. The administrative changes relate to:

Providing more clarity in relation to exemptions from the levy. Increasing the amount where a quantity surveyors report is required from

$500,000 to $1 million. Providing greater flexibility for the negotiation of a Voluntary Planning Agreement

in lieu of a Section 94A Contribution where the terms of a VPA would provide a greater monetary contribution than the Section 94A Contributions Plan.

The proposed works schedule features the following works over the 10 year life of the plan. In many cases, Section 94A contributions will be additional to funding from other sources.

Rural Road Rehabilitation - $150,000 per annum over the 10 year life of the plan. Funding is proposed to be allocated to Wattlemount Road, Cullenbenbong Road, Glen Alice Road, Curly Dick Road, Hartley Vale Road, Thompsons Creek Road, Mount Horrible Road, Ganbenang Road, Fields Road and Hartley Vale Road.

A contribution of $100,000 per annum to 2023/2024 toward the Lithgow Aquatic Centre.

$200,000 toward the Main Street Revitalisation project. $100,000 toward CCTV enhancements in the Lithgow CBD area. A total of $240,000 to a Village improvement program.


It is now appropriate for Council to adopt the new Plan. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS The new contributions plan outlines the allocation of funds over the 10 year life of the plan. LEGAL IMPLICATIONS Section 94A of the Environmental Planning and Assessment Act provides the legislative basis of the plan and the making of the Plan is governed by the Environmental Planning and Assessment Regulations. Section 94EA (4) of the Act requires that a Council provide a copy of the new contributions plan to the Minister as soon as practicable after its adoption.

ATTACHMENTS

1. Final Draft Section 94A Contributions Plan 2015.

RECOMMENDATION

THAT Council ADOPT Section 94A Contributions Plan 2015 and provide a copy of the new plan to the Minister for Planning and Environment.


OPERATION REPORTS

ITEM-10 OPER - 26/10/15 - WATER REPORT REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

REFERENCE

Min No 15-248: Ordinary Meeting of Council held on 28th September 2015

SUMMARY

This report provides an update on various water management issues as per Minute Number 15-248.

COMMENTARY

Current Dam Levels for both Farmers Creek and Oberon Farmers Creek Dam # 2 capacity on Monday, 12th October 2015 was 97%. Oberon Dam capacity on Monday, 12th October 2015 was 64%. Current Water Usage from Each Supply Table 1 below indicates total output from the Oakey Park Water Treatment Plant (consumption), the volume transferred from the Clarence Water Transfer System (CWTS) and the volume of water purchased from Fish River for 2015/2016. Table 2 below indicates total output from the Oakey Park Water Treatment Plant (consumption), the volume transferred from the Clarence Water Transfer System (CWTS) and the volume of water purchased from Fish River for 2013/2014 & 2014/2015. Table 1 - Oakey Park Monthly Output and Clarence Transfer 2015/2016

Month Oakey Park WTP (ML)

Clarence Transfer (ML)

Fish River Supply (ML)

July 113 0 50

August 112 0 66

September 117 0 57

TOTAL 342 0 173


Table 2 - Oakey Park Monthly Output and Clarence Transfer 2013/2014 & 2014/2015

2013/14 2014/15

Month Oakey

Park WTP (ML)

Clarence Transfer

(ML)

Fish River Supply

(ML)

Oakey Park WTP

(ML)

Clarence Transfer

(ML)

Fish River

Supply (ML)

July 93 0 44 80 0 63

August 96 0 67 145 0 45

September 102 0 73 105 0 66

October 130 0 58 112 0 61

November 106 0 61 120 0 65

December 100 0 47 84 0 36

January 111 0 109 89 0 100

February 93 0 73 95 0 66

March 62 0 68 143 0 67

April 105 0 61 99 0 71

May 118 0 59 105 0 55

June 101 0 67 131 0 74

TOTAL 1,217 0 787 1,308 0 769

Clarence Transfer System Water has not been transferred from the Clarence Colliery Dam to Farmers Creek No 2 Dam since January 2013 when 158 ML were transferred during the period November 2012 to January 2013. Oakey Park Water Quality Summary Oakey Park Water Treatment Plant is currently supplying water to Lithgow. No health-based ADWG values were exceeded for the period 29/8/2015 to 18/9/2015. Monitoring results for the licence to operate the water treatment plant have been published on the Lithgow City Council website as required by the Protection of the Environment Operations Act 1997. Fish River Water Scheme Water Quality Summary Fish River Water Supply is currently supplying water to Marrangaroo, Wallerawang, Lidsdale, Portland, Cullen Bullen, Glen Davis and Rydal. No health-based ADWG values were exceeded for the period 19/09/2015 to 16/10/2015.


Current Water Restrictions Update Level 1 restrictions are effective from Monday, 17th March 2014. Water Saving Schemes or Processes Update Council’s Rainwater Tank and Domestic Appliance Rebate Program continued with Council approving one (1) application for household appliance rebates and one (1) application for water tank rebates for the period 19/09/2015 to 16/10/2015. Water Reticulation Complaints Three (3) varying complaints were received during the period 19/09/2015 to 16/10/2015 concerning water quality issues in the following areas:

Locality Concern Notes Chivers Close, Lithgow Fullagar Avenue lithgow

Dirty water on occasions Water quality issues have improved in this section of the network with only two complaints being received since the last report. Until a technical solution is implemented to eliminate the closed network regular flushing will continue.

Beynon Street, Lithgow Caller advised that she is getting dirty water intermittently

Water main and scour flushed dead end main at this location. Quality improved.


RECOMMENDATION

THAT Council note the water report.


CORPORATE AND COMMUNITY REPORTS

ITEM-11 CORP - 26/10/15 - COUNCIL INVESTMENTS HELD TO 30 SEPTEMBER 2015

REPORT FROM: J BROZEK – GROUP MANAGER CORPORATE AND COMMUNITY

REFERENCE

Min No 15-176: Ordinary meeting of Council held on 27 July 2015 Min No 15-197: Ordinary meeting of Council held on 17 August 2015 Min No 15-253 Ordinary meeting of Council held on 28 September 2015

SUMMARY

To advise Council of investments held as at 30 September 2015 in the 2015/16 financial year.

COMMENTARY

Council’s total investment portfolio, as at 30 September 2015 when compared to 31 August 2015, has increased by $3,001,949.81 from $18,604,196.05 to $21,606,145.86. While cash in Council’s bank account decreased by $2,434,644.20. There is an overall increase in cash and investments of $567,305.61 since 31 August 2015.

INVESTMENT REGISTER 2015/16

INSTITUTION INV TYPE

DATE LODGED DATE DUE DAYS INT

VALUE 31.08.15

VALUE 31.08.15 % OF TOTAL

AMP On Call 26.08.14 2.55 1,027,442.53 1,027,442.53 4.76%

CBA On Call 1.95 1,520,462.34 4,525,980.48 20.95%

AMP TD 31.07.15 30.10.15 91 2.75 1,000,000.00 1,000,000.00 4.63%

TD 24/8/2015 16.12.15 114 2.75 1,000,000.00 1,000,000.00 4.63%

IMBS TD 17.08.15 18.11.15 90 2.75 1,000,000.00 1,000,000.00 4.63%

TD 30.09.15 13.01.16 105 2.75 1,016,848.45 1,000,000.00 4.63%

NAB TD 24.08.15 02.12.15 100 2.90 1,000,000.00 1,000,000.00 4.63%

TD 21.07.15 21.10.15 90 2.95 1,016,281.85 1,016,281.85 4.70%

TD 29.09.15 06.01.16 99 2.90 1,000,000.00 1,000,000.00 4.63%

WESTPAC TD 09.07.15 09.10.15 92 2.65 1,006,881.10 1,006,881.10 4.66%

ST GEORGE TD 19.09.15 19.01.16 122 2.90 963,455.81 976,735.93 4.52%

TD 26.06.15 26.10.15 122 2.60 1,000,000.00 1,000,000.00 4.63%

ME BANK TD 24.08.15 25.11.15 93 2.80 1,000,000.00 1,000,000.00 4.63%

TD 23.09.15 23.12.15 91 2.75 1,000,000.00 1,000,000.00 4.63%

TD 31.07.15 30.10.15 91 2.80 1,000,000.00 1,000,000.00 4.63%

NEWCASTLE PERMANENT On Call 25.05.15 2.00 1,024,410.78 1,024,410.78 4.74%

FAMILY FIRST CREDIT UNION TD 05.08.15 03.11.15 90 2.55 1,028,413.19 1,028,413.19 4.76%


TD 31.07.15 30.10.15 91 2.70 1,000,000.00 1,000,000.00 4.63%

TOTAL 18,604,196.05 21,606,145.86 100.00%

I, Juli‐Ann Brozek, Lithgow City Council’s Group Manager Corporate & Community certify as required under Local Government (General) Regulations 2005, that Council's investments have been made in accordance with the Local Government Act 1993, Regulations and Lithgow City Council's Investment Policy.

The movement in Investments for the month of August 2015 were as follows:

Opening Balance of cash and investments as at 31 August 2015

$24,373,969.60

Plus New Investments – September 2015 $567,305.61 Less Investments redeemed – September 2015 $0.00Closing Balance of cash and investments as at 30 September 2015

$24,941,275.21

If the movement in the bank account is negative, this is shown as a net redemption. If the movement in the bank account is positive this is shown as a net new investment. On the graph below historical and current investments to 30 September 2015 are shown.

A large proportion of Council’s investments are held as restricted assets for specific purposes. Restricted assets may consist of externally restricted assets which must be spent for the purpose for which they have been received e.g. Water, Wastewater, Stormwater, Domestic Waste, Parking, or internally restricted assets which have been set aside by Council resolution. Some internal restrictions are held to fund specific liabilities such as employee leave entitlements and bonds and deposits. POLICY IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing funds. On 27 October 2014 Council adopted a draft of the


Investment Policy as Policy 8.7 which includes the Minster’s Investment Order of 12 January 2011. FINANCIAL IMPLICATIONS Interest earned to 30 September 2015 is $97,131. Interest is paid on the maturity date of the investment, however an entry is performed at month end to account for interest earned but not yet received. The budget for interest income is determined by the average level of funds held and the rate of return. Adjustments to the budget estimate are processed through Council’s Quarterly Budget Review process. Interest Returns are determined by average funds invested and the rate of interest return. LEGAL IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing the funds. On 27 October 2014 Council adopted a draft of the Investment Policy as Policy 8.7 and investments will comply with this Policy which includes the following:

Local Government Act 1993 - Section 625 Local Government Act 1993 - Order dated 12 January 2011 Local Government (General) Regulation 2005 Trustee Amendment (Discretionary Investments) Act 1997 Section 14A (2), 14c(1)

& (2)

RECOMMENDATION

THAT Investments of $21,606,145.86 and cash of $3,333,129.35 for the period ending 30 September be noted.


ITEM-12 CORP - 26/10/15 - DRAFT ANNUAL FINANCIAL STATEMENTS

REPORT FROM: J BROZEK - GROUP MANAGER CORPORATE AND COMMUNITY

SUMMARY

The purpose of this report is to advise that the draft General Purpose Financial Reports for the period ended 30 June 2015 have been prepared and are currently undergoing audit. Under Section 413 of the Local Government Act 1993, Council is required to submit with the General Purpose Financial Reports and the Special Purpose Financial Reports a Statement by Councillors and Management as to its opinion on the reports.

COMMENTARY

The finalisation of the 2014-2015 General Purpose Financial Reports are nearing completion to comply with the Local Government Act 1993, the Local Government Code of Accounting Practice and Financial Reporting and the Australian Accounting Standards. The statements are expected to be completed in the coming days and are presently undergoing audit. A supplementary report is to be presented to Council. Council is required to authorise the signing of the statements in relation to the General Purpose Financial Reports and Special Purpose Financial Reports. POLICY IMPLICATIONS The audit of these financial statements has not yet been completed and are subject to change as requested by Crowe Horwath.

FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Signing the statements pertaining to the General Purpose Financial Report and Special Purpose Financial Reports complies with section 413(2) of the Local Government Act (1993) as amended.

RECOMMENDATION

THAT Council: 1. Receive a supplementary report in relation to the 2014-15 Financial Statement. 2. Authorise the signing of the statement on the General Purpose Financial

Reports. 3. Authorise the signing of the statement on the Special Purpose Financial

Reports.


4. Invite Council auditors, Crowe Horwath, to present a report to Council on the 2014/15 Financial Statements at the Ordinary Council meeting scheduled for 14 December 2015.


ITEM-13 CORP - 26/10/15 - FINANCIAL ASSISTANCE REQUEST FOR CIVIC BALLROOMTONY LUCHETTI SPORTSGROUND FEE WAIVER

REPORT BY: M JOHNSON - MANAGER COMMUNITY AND CULTURE REFERENCE Min No 15-20: Ordinary Meeting of Council held on 9 February 2015 Min No 15-25: Ordinary Meeting of Council held on 9 February 2015 Min No 15-47: Ordinary Meeting of Council held on 2 March 2015 Min No 15-92: Ordinary Meeting of Council held on 20 April 2015 Min No 15-121: Ordinary Meeting of Council held on 1 June 2015 Min No 15-155: Ordinary Meeting of Council held on 29 June 2015 SUMMARY This report details a fee waiver request from the Lithgow RSL Sub-Branch for the waiver of Civic Ballroom and Tony Luchetti Sportsground hire fees for an overnight camp as part of the Coo-ee March re-enactment on 3 and 4 November 2015. COMMENTARY Lithgow RSL Sub-Branch has requested a waiver of Civic Ballroom and Tony Luchetti Sportsground hire fees for an overnight camp as part of the Coo-ee March Centenary re-enactment on 3 and 4 November 2015. The march commences in Gilgandra and finishes in Sydney on Remembrance Day 2015. Council’s Sportsground hire fee for two days is $953.30 and Civic Ballroom hire fee for one night is $489, a total of $1,442.50. Fee waiver requests would normally be dealt with under the following two options:

1. Council has allocated $1,000 in the 2015/16 Delivery Program for waivers by the General Manager of fees up to $500 for the use of Council facilities throughout the year. This request exceeds the General Manager’s delegation and the available funds.

2. Council has also allocated $10,000 in the 2015/16 Delivery Program for four

packages of up to $2,500 each to nonprofit community groups towards the cost of hiring the Civic Ballroom and/or Tony Luchetti Showground for major events that demonstrate an economic and social benefit to Lithgow. No packages have been allocated to date in the current year. This would be a suitable option for funding the request in view of the social and historical value of the event to Lithgow and the nation.

Alternatively, Council may wish to approve the request from the Round 2, 2015/16 Non-Recurrent Financial Assistance allocation. Council has allocated $70,366 for Rounds 1 and 2 Non-Recurrent Financial Assistance of which $37,774 was allocated in


Round 1 in July 2015, leaving $32,592 for allocation by Council in Round 2. Applications are currently open for Round 2 Non-Recurrent Financial Assistance which will be reported to Council in December 2015 after consideration by the Community Development Committee. This will be however after the Coo-ee March event is held. POLICY IMPLICATIONS Financial Assistance is provided under Policy 4.4 Financial Assistance – Section 356 of the Local Government Act. FINANCIAL IMPLICATIONS The Council provides Financial Assistance to not-for-profit community groups and has allocated a total of $162,487 in the 2015/16 Operational Plan. Options to fund this request are from the Non-Recurrent Financial Assistance program or one of the showground fee waiver packages. There are four fee waiver packages available of $2,500 each. $70,366 in Rounds 1 and 2 Non-Recurrent Financial Assistance of which $37,774 is recommended for allocation in Round 1 in July 2015, leaving $32,592 for allocation by Council in Round 2 Non-Recurrent Financial Assistance in October 2015. LEGAL IMPLICATIONS Local Government Act NSW 1993, Section 356

ATTACHMENTS

1. Request from Lithgow RSL Sub-Branch.

RECOMMENDATION

THAT Council: 1. Allocate a Civic Ballroom/Tony Luchetti Showground fee waiver package to

the value of $1,442.50 to the Lithgow RSL Sub-Branch for an overnight camp as part of the Coo-ee March re-enactment on 3 and 4 November 2015.

2. Authorise the General Manager to spend up to $1057.50 for any other assistance required for the Lithgow's participation in the March.


COUNCIL COMMITTEE MINUTES

ITEM-14 CORP - 26/10/15 - YOUTH COUNCIL MINUTES - 15 SEPTEMBER 2015

REPORT BY: M JONES – COMMUNITY DEVELOPMENT OFFICER

REFERENCE

Min No 15-89: Ordinary Meeting of Council held on 20 April 2015 Min No 15-126: Ordinary Meeting of Council held on 1 June 2015 Min No 15-181: Ordinary Meeting of Council held on 27 July 2015 Min No 15-256: Ordinary Meeting of Council held on 28 September 2015

SUMMARY

This report details the minutes of the Youth Council meeting held 15 September 2015.

COMMENTARY

At the 15 September 2015 Youth Council meeting, various items were discussed including:

Youthweek 2016 Area Health/Council Scholarship Program Skate Park shades 2015 School Leavers’ Guide

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Local Government Act 1993

ATTACHMENTS

1. Minutes of the Youth Council meeting held 15 September 2015.

RECOMMENDATION

THAT Council note the minutes of the Youth Council meeting held 15 September 2015.


ITEM-15 OPER - 26/10/15 - OPERATIONS COMMITTEE MEETING - 17TH SEPTEMBER 2015

REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

SUMMARY

This report details the Minutes of the Operations Committee Meeting held on 17th September 2015.

COMMENTARY

At the Operations Committee Meeting held on 17th September 2015, there were a number of items discussed by the Committee including: Resident Request – Improved Lighting In The Car Park Of Railway Parade, Lithgow The following items were outside the Committee’s delegations and require Council to formally approve the recommendation: Variation Report – 50 Metre Pool Upgrade – Stage 4

THAT Council confirms the variation required to remedy the state of the floor of the 50 metre pool at an estimated cost of $99,780.

Variation Report – Construction Of Rail Overbridge, Wallerawang

THAT Council confirms the variations totalling $55,334 incurred to date on the construction of the new bridge at Wallerawang.


ATTACHMENTS

1. Minutes from the Operations Committee meeting of 17th September 2015.

RECOMMENDATION

THAT Council: 1. Note the minutes of the Operations Committee held on 17th September 2015.


2. Confirms the variation of $99,780 for Stage 4 of the Lithgow Aquatic Centre 50 metre pool project

3. Confirms the variations totalling $55,334 incurred to date on the Construction of the Rail Overbridge project (Black Bridge) at Wallerawang.


ITEM-16 CORP - 26/10/15 - CRIME PREVENTION COMMITTEE MINUTES - 28 SEPTEMBER 2015

REPORT BY: M JOHNSON – MANAGER COMMUNITY AND CULTURE

SUMMARY

This report details the Minutes of the Crime Prevention Committee Meeting held on 28 September 2015.

COMMENTARY

At the Crime Prevention Committee meeting held on 28 September 2015, a number of items were discussed by the Committee including: Recent Crime Statistics from the NSW Bureau of Crime Statistics and

Research (BOCSAR). Police Report. CCTV.


ATTACHMENTS

1. Minutes from the Crime Prevention Committee meeting of 28 September 2015.

RECOMMENDATION

THAT Council note the minutes of the Crime Prevention Committee held on the 28 September 2015.


ITEM-17 OPER - 26/10/15 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 29TH SEPTEMBER 2015


REFERENCE

Min No 15-230: Ordinary Meeting of Council held on 7th September 2015

SUMMARY

This report details the Minutes of the Sports Advisory Committee Meeting held on 29th September 2015.

COMMENTARY

At the Sports Advisory Committee held on 29th September 2015, there were numerous items discussed by the Committee, including:

Financial Assistance Requests 2015 LJ Hooker Reg Cowden Sports Star of the Year Awards Booking Requests

The following items were outside the Committee’s delegations and require Council to formally consider the recommendations: Booking Requests

THAT: 1. Council adopt a fee of $20 per use per site for ongoing and regular usage of

Council’s sporting fields by commercial enterprises; and 2. The proposed fee be advertised for a period of 28 days prior to adoption.

2015/16 Clubgrants Category 3 Fund

THAT Council lodge a full application for funding of $500,000 under 2015/16 ClubGRANTS Category 3 Fund for new floodlighting and clubhouse building at Saville Park, Portland, should the project be invited to proceed to Stage 2.

Lithgow District Junior Cricket Association Inc – New Members

THAT Council accepts Anthony Brown & Michael Brown as the Sports Advisory Committee representatives from the Lithgow District Junior Cricket Association Inc.

The Possibility Of Council Seeking Corporate Sponsorhip For The No. 1 Field At

The Tony Luchetti Showground


THAT correspondence be forwarded to the interested party detailing the sponsorship arrangement proposal for the No. 1 Field at the Tony Luchetti Showground.

ATTACHMENTS

1. Minutes of the Sports Advisory Committee meeting held on 29th September 2015.

RECOMMENDATION

THAT Council: 1. Note the minutes of the Sports Advisory Committee held on 29th September

2015; 2. Consider the adoption of a $20 fee per site for ongoing and regular usage of

Council's Sporting Fields by Commercial enterprises. 3. Accept Anthony Brown & Michael Brown as the Sports Advisory Committee

representatives from the Lithgow District Junior Cricket Association Inc; and 4. Forward correspondence to the interested party detailing the sponsorship

arrangement proposal for the No. 1 Field at the Tony Luchetti Showground. 5. Lodge a full application for funding of $500,000 under 2015/16 ClubGRANTS

Category 3 Fund for new floodlighting and clubhouse building at Saville Park, Portland, should the project be invited to proceed to Stage 2.


NOTICES OF MOTION

ITEM-18 NOTICE OF MOTION - 26/10/15 - URGENT DRAINAGE WORKS FOR 61 HARTLEY VALLEY RD - CLR F INZITARI

COMMENTARY

As most Councillors are well aware, this particular property has been the subject of much debate over the past few years. Conflicting issues from both Council and the resident have still not resolved the matter in relation to flooding of not only that particular property, but also those properties surrounding it. The main problem is the size of the drainage pipe that was placed there many years ago by a relative of the owner, in that it is well under the recommended diameter needed to transport the natural water flow away safely into the nearby culvert. Although it seems that the responsibility could be laid soley on the property holder, It can also be argued that it is Councils responsibility in that the water comes from piped areas from above the property. Council now needs to step up and make a decision in resolving this issue. Even though there may be legal reasons in why Council should not undergo these works, that reason is outweighed by the fact that Council has a moral obligation to do everything it can to prevent another flooding disaster like the one experienced a few years back. The resident in question, and her family, do not need the anxiety and stress whenever a heavy rain occurs, especially now we are entering the season for storm activity. The house in question has not long been repaired by her Insurance Company from the last flood. Since Council has failed in its bid to attract flood mitigation funding for this project, and that this property would most likely not qualify for any future funding, I suggest that subject to quotes for the work that the funding allocated for the purchase of land for the Rydal toilet be used to commence mitigation works on this property. I have made this decision based on the fact that there is currently no land available or being considered for the Rydal toilets, and to my knowledge, not likely to be because of the 4000sq metre minimum lot size (LEP 2013) required for such a development in the Main St of Rydal. Council has an obligation to the rate payers in relation to responsible fiscal financial management, so I would not have suggested these works be undertaken unless the funding was available, hence my previous suggestion for the funds.


RECOMMENDATION

THAT: 1. The funding allocated for the purchase of land for the Rydal toilets be used to

immediately commence the process for works to 61 Hartley Valley Rd. 2. Authorise the General Manager to put in place any necessary agreements or

easements for this work to proceed and be concluded.


ITEM-19 NOTICE OF MOTION - 26/10/15 - ADVENTURE PLAYGROUND - CLR R HIGLETT

COMMENTARY

At its Ordinary Meeting of Council held on 29 October 2014 Council resolved to endorse Endeavour Park as the preferred site for an Adventure Playground. In addition $50,000 was allocated in the first budget review for 2014/15 from Council's reserves for the concept design and consultation process for the playground. The advantages of the Endeavour Park site includes its prominent location, available land, proximity to population catchments, visibility for visitors and tourists, some parking, toilets and slope which offers opportunities for creative playground design. At this stage Council has identified $700,000 in the S94A Contributions Plan over a three year period 2025/26 to 2027/28 for construction costs of an Adventure Playground. No funds are allocated in the Delivery program 2013-17 plan for playground design or construction. Estimates have been obtained for concept design development including design community consultation with children and documentation development to the value of up to $50,000. There is $50,000 held in Council’s reserves for the adventure playground which are recommended to be utilised for the purpose of concept design development. While it is some way off for Council to proceed with this work by doing preparation Council will be in a position to make applications for grant funding. Endeavour Park is an extremely large area within the residential area of Lithgow, an opportunity exists for a section of the Park to be subdivided off for residential purposes with the monies from the sale of the land then available for the creation of the Adventure Playground.

RECOMMENDATION

THAT Council: 1. Investigate the feasibility of a subdividing a section of Endeavour Park into

residential allotments. 2. Maintain the remainder of the Park as a park and playground, including for the

future creation of an adventure playground GENERAL MANAGER'S COMMENTS Endeavour Park is 6.672ha and classified as Community, categorised as a Park. The re-classification of public land occurs though a Local Environmental Plan (LEP) process under the Environmental Planning and Assessment Act. The reclassification of Community Lands to Operational process includes:


This process requires preparation of a planning proposal to be forwarded to the

Minister. The proposal must include various justifications, reasons and directions by the Minister (eg there is section 117 Direction 6.2 – Reserving Land for Public Purposes which must be specifically considered.)

The proposal is forwarded to gateway. Following the gateway review, if the planning proposal is to proceed, requirements

are provided to Council including consultation Community consultation process. Where a planning proposal includes reclassification of ‘community’ land to

‘operational’ land, council is required to hold a public hearing into the proposal Final consideration by Council prior to forwarding to Minister requesting the plan

(ie re-classification) be made. The Governor’s approval is also required for the extinguishment of public reserve

status and other interests in land which a council proposes to reclassify from ‘community’ to ‘operational’ status under the LG Act.


ITEM-20 NOTICE OF MOTION - 26/10/15 - LITHGOW LIONS CLUB COMMUNITY MARKETS - USE OF CIVIC BALLROOM - CLR R HIGLETT

COMMENTARY

The Lithgow Lions Club is a not for profit organisation and all proceeds from fundraisers and events are given back to the community. Currently the Lions Club hold community markets every 4 weeks at the Civic Ballroom at Tony Luchetti Showground. Under Council's 2015/16 Fees and Charges, the club are charged $489 per month for the hire of the ballroom. This is substantially higher than the 2014/15 fee of $268.10 per month. Concerns have been raised that this increase may result in a decline in store holders participating in this event given that the fee increase would need to be passed onto the Store holders. There have been a number of community groups in addition to the Lions Club that have put in a lot of time and effort in making the markets a success and it would be a shame to see them suffer as a result of the fee increase.

RECOMMENDATION

THAT the hire fee of $268.10 per month be applied to the Lithgow Lions Club Community Markets for the use of the Civic Ballroom.


BUSINESS OF GREAT URGENCY

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 of: 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.


CLOSED COUNCIL

ITEM-21 ENVIRO - CONFIDENTIAL - CLOSED COUNCIL - 26/10/15 - GUMNUT HOUSE LEASE OPTION

REPORT BY: A MUIR - GROUP MANAGER ENVIRONMENT AND DEVELOPMENT

Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

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

SUMMARY

The purpose of this report is to advise Council of the current and proposed future tenancy arrangements in relation to 21 Proto Avenue Lithgow known as Gumnut House.

RECOMMENDATION

THAT Council consider the options for the Gumnut House lease in Closed Council pursuant to Section 10A(2)(c) of the Local Government Act 1993.


ITEM-22 ENVIRO - 26/10/15 - CLOSED COUNCIL - CONFIDENTIAL LAND & ENVIRONMENT APPEAL - DA248/14 TWEED ROAD LITHGOW

REPORT BY: A MUIR – GROUP MANAGER ENVIRONMENT & DEVELOPMENT Reason for Confidentiality This report is CONFIDENTIAL in accordance with Section 10A (2)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

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

SUMMARY

To advise Council of an appeal lodged in the Land and Environment Court in relation to the refusal of the proposed subdivision off Tweed Road, Lithgow.

RECOMMENDATION

THAT Council consider the Land and Environment Appeal relating to DA248/14 Tweed Road, Lithgow in Closed Council pursuant to Section 10A(2)(g) of the Local Government Act 1993.


ITEM-23 ENVIRO - CLOSED COUNCIL - CONFIDENTIAL - 26/10/15 - SUMMARY OF LEASES AND RENTAL INCOME

REPORT BY: A MUIR - GROUP MANAGER ENVIRONMENT AND DEVELOPMENT Reason for Confidentiality This report is CONFIDENTIAL in accordance with Section 10A (2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

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

SUMMARY The purpose of this report is to

Provide a summary of Council properties that are leased and the annual rental income current as at 30 June 2015 received from those leases.

Advise Council of those properties where leases are currently under review or where new leases are in the process of negotiation.

RECOMMENDATION

THAT Council consider the summary of leases and rental in Closed Council pursuant to Section 10A(2)(c) of the Local Government Act 1993.


ITEM-24 OPER - CLOSED COUNCIL - CONFIDENTIAL - 26/10/15 - CONTRACT FOR LINEMARKING SERVICES


Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it

SUMMARY

Centroc, on behalf of member councils, has undertaken a formal Request for Quotation/Tender (RFx) process in March 2015 to identify suitable providers for linemarking services.

RECOMMENDATION

THAT Council consider the contract for linemarking services in Closed Council pursuant to Section 10A(2)(d)(i) of the Local Government Act 1993.

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