Agenda and Business Papers Oberon Council Ordinary General ... · 1. Council Meeting 19 October...

137-139 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100

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Agenda and Business Papers Oberon Council Ordinary General Meeting

Tuesday 16 November 2010 5.30pm Council Chambers

5.30pm Opening of meeting

8.15pm - 8.45pm Dinner

01 OPENING OF MEETING .................................................................. 4

02 PRAYER ........................................................................................... 4

03 RECORD OF ATTENDANCE ............................................................ 4

04 QUESTIONS FROM THE PUBLIC .................................................... 4

05 CONFIRMATION OF MINUTES OF PREVIOUS MEETING(S) ......... 5

06 DECLARATIONS OF INTEREST ...................................................... 5

07 MAYORAL MINUTE AND REPORT .................................................. 6

08 COUNCILLOR REPORTS ................................................................. 8

09 DELEGATES REPORTS .................................................................. 9

09.01.01 ARTS OUTWEST DELEGATES REPORT ...................................................... 9

10 DIRECTOR OF DEVELOPMENT REPORTS .................................. 10

10.01 REPORTS FOR INFORMATION ..................................................................10 10.01.01 MONTHLY UPDATE REPORT – DEVELOPMENT DEPARTMENT ......................10

10.01.02 DIRECTOR OF DEVELOPMENT STATUS REPORT .........................................16 10.02 REPORTS FOR DECISION .........................................................................25

10.02.01 DEVELOPMENT APPLICATION 10.2009.179.1 AND CONSTRUCTION

CERTIFICATE 11.2009.179.1 – ADDITIONS TO OBERON COMMUNITY CENTRE

.............................................................................................................25 10.03 GENERAL BUSINESS DEVELOPMENT .........................................................27

Oberon Council - Agenda and Business Papers – Ordinary Meeting – 16 November 2010

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11 DIRECTOR OF CORPORATE SERVICE REPORTS ..................... 28

11.01 REPORTS FOR INFORMATION ...................................................................28 11.01.01 MONTHLY UPDATE REPORT – DEPARTMENT OF CORPORATE SERVICES ......28 11.01.02 STATEMENT OF BANK BALANCES AND INVESTMENTS .................................30 11.01.03 STAFF APPOINTMENTS ............................................................................32

11.01.04 EMPLOYEE COSTS COMPARATIVE INFORMATION .......................................34 11.01.05 DIRECTOR OF CORPORATE SERVICES STATUS REPORT .............................36 11.02 REPORTS FOR DECISION .........................................................................41 11.02.01 2011 INTERNATIONAL WOMEN‟S DAY .......................................................41 11.02.02 OBERON LIQUOR ACCORD .......................................................................43

11.02.03 DELEGATES TO SECTION 355 AND COUNCIL COMMITTEES .........................46 11.02.04 DELEGATES TO EXTERNAL ORGANISATIONS ..............................................49 11.02.05 SWIMMING POOL FEES AND CHARGES ......................................................52 11.02.06 ADOPTION OF POLICY – PAYMENT OF EXPENSES AND PROVISION OF

FACILITIES TO THE MAYOR, DEPUTY MAYOR AND OTHER COUNCILLORS ......54 11.02.07 REQUESTS FOR DONATIONS ....................................................................56 11.02.08 REQUESTS FOR FINANCIAL ASSISTANCE – 2011 HIGHLANDS STEAM AND

VINTAGE FAIR ........................................................................................58 11.02.09 ANNUAL FINANCIAL REPORTS ..................................................................62 11.02.10 ANNUAL REPORT – YEAR ENDED 30 JUNE 2010 .......................................65 11.02.11 REVIEW OF MANAGEMENT PLAN – QUARTER 1, 2010/11 ...........................67

11.02.12 QUARTERLY BUDGET REVIEW AS AT 30 SEPTEMBER 2010 ........................69 11.03 GENERAL BUSINESS – CORPORATE SERVICES ..........................................72

12 DIRECTOR OF ENGINEERING REPORTS .................................... 73

12.01 REPORTS FOR INFORMATION ..................................................................73 12.01.01 MONTHLY UPDATE REPORT – ENGINEERING DEPARTMENT ........................73

12.01.02 DIRECTOR OF ENGINEERING STATUS REPORT ..........................................76

12.02 REPORTS FOR DECISION ........................................................................84 12.02.01 SIX FOOT TRACK GRIDS ..........................................................................84 12.02.02 CLASSIFICATION OF LOTS - DUDLEY STREET .............................................86

12.02.03 INFRASTRUCTURE PROJECTS ..................................................................88 12.03 GENERAL BUSINESS - ENGINEERING ........................................................90

13 GENERAL MANAGER REPORTS .................................................. 91

13.01 REPORTS FOR INFORMATION ...................................................................91

13.01.01 MONTHLY UPDATE REPORT – GENERAL MANAGER ...................................91 13.01.02 GENERAL MANAGER STATUS REPORT ......................................................96 13.02 REPORTS FOR DECISION .......................................................................102 13.02.01 JANUARY ORDINARY COUNCIL MEETING .................................................102

13.02.02 UPCOMING MEETINGS ...........................................................................104 13.02.03 OBERON COUNCIL LOCAL GOVERNMENT GOLF DAY ................................107 13.03 GENERAL BUSINESS – GENERAL MANAGER ............................................109


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14 CLOSED SESSION REPORTS .................................................... 110

14.01.01 AUSTRALIAN NATIVE LANDSCAPES – STOCKPILING OF SAWDUST IN

INDUSTRIAL AREA .................................................................................110 14.01.02 CITIZEN OF THE YEAR AWARDS ..............................................................110 14.01.03 FISH RIVER WATER SUPPLY DROUGHT MANAGEMENT REVIEW ................110

14.01.04 STORMWATER HARVESTING PROJECT ....................................................110 14.01.05 ECONOMIC DEVELOPMENT OFFICER ......................................................110 14.01.06 POTENTIAL PUBLIC LIABILITY CLAIMS REGISTER ......................................110 14.01.07 INVESTMENTS – LEGAL ACTION UPDATE .................................................110

15 NEW BUSINESS OF AN URGENT NATURE ADMITTED BY COUNCIL ...................................................................................... 110

16 CLOSURE OF MEETING .............................................................. 110


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01 Opening of Meeting

The Mayor welcomed members and declared the meeting open at ....

02 Prayer

The Meeting was opened in prayer by ....

03 Record of Attendance

Members Cr Keith Sullivan, Mayor - Chair

Cr John McMahon, Deputy Mayor Cr Ian Doney Cr Don Fitzpatrick Cr Neil Francis Cr Kerry Gibbons Cr Zsuzsanna Handelsmann Cr Clive McCarthy Cr Bob O‟Bernier

Officers Leanne Mash, General Manager

John Chapman, Director of Corporate Services Ralph Tambasco, Director of Development Leigh Robins, Director of Engineering

Sharon Swannell, Executive Assistant Apologies Nil That apologies be received and accepted for the non-attendance of ....

04 Questions from the Public

None received.


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05 Confirmation of Minutes of Previous Meeting(s)

Ordinary Meeting 19 October 2010

101019 Unconfirmed

Minutes - Ordinary Meeting 19 October 2010.docx

Recommendation That the Minutes of the duly convened Ordinary Meeting held on 19 October 2010 be taken as read and confirmed. Matters Arising from the Minutes

06 Declarations of Interest

Pecuniary - Conflicts - Staff -


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07 Mayoral Minute and Report

A. Meetings

Meetings attended since my last report include:

1. Council Meeting 19 October 2010

2. Meeting with General Manager, Telstra Country Wide, Darren Smith – 1 November 2010

3. Meet with new Councillor Kerry Gibbons – 2 November 2010

4. Attend Fish River Water Supply Management Plan Review Briefing at Office of Water in Sydney – 3 November 2010

5. Internal Audit Committee Meeting, Lithgow – 4 November 2010

6. Tour of O‟Connell regarding LEP – 4 November 2010

7. Oberon Sports Complex Committee Meeting – 10 November 2010

B. Representation

Council was represented at the following:

1. Prime News Interview

2. Lisle Pearse Garden Opening – 30 October 2010

3. In conjunction with the General Manager attended Modernising Local Government Focus Group Meeting, Dubbo – 8 November 2010

C. Correspondence

Correspondence received included:

1. From Rail Action Bathurst to attend a Community Meeting on Thursday 28 October 2010

2. The Hon Jodie McKay MP, Minister for Women regarding International Women‟s Day 2011 Grant Funding

3. Division of Local Government Invitation to attend a Councillor Information Seminar – Series II

4. NSW Maritime – Better Boating Program – Project Book

5. Invitation to Japan Local Government Centre, 2010 CLAIR Local Government Forum in Sydney

6. ICAC Guide for Councillors, Constituents and other interested parties regarding lobbying Local Government Councillors.

7. The Hon Tony Windsor MP, regarding National Broadband delivery.

8. NSW Rural Fire Service invitation to attend a Local Government Forum to be held on Friday 19 November 2010.


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D. Additional Items for Councillors Information

1. The Director of Engineering and I are scheduled to attend a meeting at the Office of Water in Sydney on 1 December 2010 regarding the Draft Fish River Water Supply Management Plan Review

2. Still awaiting announcements regarding Aged Care Beds

3. Councillor Christmas Function

Keith Sullivan Mayor


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08 Councillor Reports

Report to be provided to meeting.


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09 Delegates Reports

For Council Information Recommendation: That the Delegates Reports for information as presented in Report 09.01.01 of the Business Papers be received and noted by Council.

09.01.01 Arts OutWest Delegates Report The following information has been provided by Council‟s Delegate to Arts OutWest, Fran Charge for Councillors information. National Regional Arts Conference Representing Oberon Council and the Board of Arts OutWest, I attended the National Regional Arts Conference in Launceston where I met with people from all over Australia. I saw firsthand the importance of art and culture within communities, particularly in regard to mental health for people in Regional Australia. This helped to reinforce the importance of what we are currently doing in Oberon.

The most inspiring session, 'LIFE IMITATING ART': How creative arts approaches can engage people of all ages in the development of their community's future, presented by Leanne Hurst Manager Community & Economic Development Launceston City Council, was truly inspirational.

The 1 hour interactive workshop featured three innovative community arts projects that demonstrated how art can be an effective way of giving the whole community a voice into government decision making, and how creative art activities can cultivate social inclusion, self-esteem, confidence, participation and citizenship.

Launceston have involved their whole community in community arts projects with outstanding benefits which have helped to build positive and lasting community links with local government.

A strong sense of community was evident throughout the Conference and all who attended came away with fresh and inspirational ideas.

This session particularly resonated with me as the Oberon Arts Council has been working to involve people from all facets of the Oberon Community in our projects. A small group such as ours should feel justifiably proud of all we have achieved. This Tuesday evening I will attend the Arts OutWest Board meeting in Orange.

File: P72.7

Prepared By: Fran Charge Date: 9 November 2010


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10 Director of Development Reports

10.01 Reports for Information Recommendation That the Director of Development reports for information as presented in Report 10.01.01 to 10.01.02 of the Business Papers be received and noted by Council.

10.01.01 Monthly Update Report – Development Department

The following items are presented for Councillor‟s information and are reflective of the period October 1 to October 31 2010.

1. Determinations for the Month of October 2010

The following Development Applications, Construction Certificates, Complying Development Certificates, Section 68 Applications and Subdivision Certificates were determined during the month of October 2010.

a) Development Applications 9

b) Construction Certificates 10

c) Complying Development Certificates 1

d) Subdivision Certificates 2

e) Section 68 Applications 5

f) Applications Refused Nil

A complete list of the determinations is included below for Council‟s information: Ref No Development Type Street Address Locality

11.2009179.1 CC

Construction Certificate Community Centre 13 Fleming Street Oberon

18.2010.3.1 CDC Screen Enclosure 1591 Mutton Falls Road O'Connell

10.2009.212.1 11.2009.212.1 19.2009.22.1

New Dwelling & On Site Waste Water 96 Ferndale Road Oberon

10.2010.70.1 11.2010.70.1 New Dwelling 230 Gingkin Road Gingkin

11.2010.44.1 Construction Certificate Advertising Sign 149 Oberon Street Oberon

10.2010.49.1 19.2010.17.1

New Dwelling & Onsite Waste Water 576 Shooters Hill Road Shooters Hill

10.2010.67.1 11.2010.67.1 New Dwelling 48 Carrington Avenue Oberon


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10.2010.58.1 11.2010.58.1 19.2010.22.1

New Dwelling & On Site Waste Water 141 Sheepstation Forest Road Tuglow

10.2010.75.1 11.2010.75.1 Addition to Dwelling 15 Brennan Crescent Oberon

11.2005.330.1 Construction Certificate for access 549 Gingkin Road Gingkin

11.2004.106.1 Construction Certificate for access 203 Hazelgrove Road Hazelgrove

19.2010.18.1 On Site Waste Water 12 Bracken Glen Lane Oberon

11.2010.50.1 Construction Certificate New Dwelling, Garage & Pool 12 Bracken Glen Lane Oberon

10.2010.53.1 11.2010.53.1

Garage and Additions to Dwelling 21 Carrington Avenue Oberon

15.2006.107.1 Subdivision Certificate 151 Reef Road & 221 Abercrombie Road Oberon

15.2010.55.1 Subdivision Certificate Gingkin Road Gingkin 10.2010.59.1

11.2010.59.1 New Dwelling 71 Whiteley Road Titania Park

Copies of Determinations are available for inspection free of charge during normal business hours from the Council's Office

2. Certificates Issued During the Month of October 2010

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. During the month of October the following certificates were issued:

a) 19 Section 149 Certificates were issued.

Section 149(2) and (5) Planning Certificates – issued under Section 149(2) and (5) of the Environmental Planning and Assessment Act, 1979.

b) Two Section 735A Certificates were issued.

Section 725A Certificates as to Notices – issued under Section 735A of the Local Government Act, 1993.

c) Three Section 121ZP Certificates were issued.

Section 121ZP Certificates as to Orders – issued under Section 121ZP of the Environmental Planning and Assessment Act, 1797.

d) No Section 149A Building Certificates were issued.

Section 149A Building Certificates – issued under Section 149A of the Environmental Planning and Assessment Act, 1979.

3. Oberon Animal Pound

No Nuisance Dog, Nuisance Cat orders or Dangerous Dog Declarations were issued during October 2010. The following details concerning the Animal Pound are for the month of October 2010.


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Details Number of

Cats Number of

Dogs

Animals carried over from previous month 1 4

Animals Seized 2 5

Animals Abandoned 0 2

Animals Surrendered 0 1

Animals released to Owner 1 5

Animals Released to CHD (Cats, Dogs and Horses Charity) under Clause 17 of the Companion Animals Regulations 1999 (Exemptions from Registrations Requirement) for re-homing

1 5

Animals Destroyed 1 1

Animals Sold 0 0

Animals died at Council‟s facility 0 0

Animals Escaped/Stolen 0 0

Animals still in the Pound 0 1

4. Miscellaneous Matters

The Development Department undertakes various inspections, including building inspections, health inspections, environmental inspections and complaints. Development Department staff conducted the following inspections during the month of October 2010. a) Building Inspections 28

b) Food Inspections Nil

c) Environmental Inspections 3

(Air Pollution/Noise Pollution/Water Pollution)

d) Subdivision Certificate Inspections 2

e) Complaints (Includes Animal Control) 10

f) Building Maintenance Inspections 3

5. Attendance at Seminars/Conferences/Short Courses or Meetings with Stakeholder Groups or Individuals

As part of Continuing Professional Development (CDP), staff are encouraged to attend suitable seminars, conferences, and short courses to keep abreast of changes in legislation and in the industry. In addition staff attend meetings of any relevant Regional Committees, such as Reference Panels as representatives of Oberon Council. The Director of Development is a member of the Sydney Catchment Authority Local Government Reference Panel (LGRP). The LGRP meet quarterly and the final


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meeting was held at Warragamba Dam on Monday 1 November 2010 and was attended by the Director of Development. Matters discussed included the following: a) Presentation from the Catchment Auditor on the state of the catchment. This is

done every three years and uses the same methodology as State of the Environment Reports. The Auditor looked at and reported on 18 indicators. A total of 35 submissions were received from stakeholders.3

b) NORBE Assessment Tool Upgrade – the upgrade of the Neutral or Beneficial Effect (NORBE) assessment tool used by Town Planners when processing Development Applications that are located within the Drinking Water Catchment REP Area of Sydney Water. The new tool provides better functionality, integrates Geographical Information Systems (GIS) and streamlines assessments, making it less onerous for Councils. It will also enable Councils to undertake assessments for developments of low to medium complexity, reducing the need to refer many Development Applications to the SCA for concurrence.

The SCA will be conducting a training session regarding the new tool with Council staff on the 22 November 2010 in the Council Chambers.

c) A report on the four SCA Committees (Rural Living Handbook, Regulation and

Compliance, Onsite Wastewater System and Stormwater, Weeds) was presented.

d) Water Sensitive Design Guide for Rural/Residential Subdivisions – the SCA have developed a Draft of the above Design Guide. It identifies a range of water sensitive planning and development principles and solutions that are consistent with the NORBE requirements.

The Design Guide is intended to assist Developers and Consultants identify water quality and landscape constraints in the design of proposed Rural/Residential Subdivisions located within the Drinking Water Catchment Area only. It is being finalised for each of the Councils in the Drinking Water Catchment and is expected to be released by the end of 2010 or early 2011. Although designed for areas located within the Catchment, the principles in the Design Guide can be applied to Rural/Residential Subdivisions outside the Catchment. Information sessions will be conducted by the SCA in early 2011.

The Director of Development has only attended two LGRP Meetings this year owing to them clashing with Council‟s Heritage Committee Meeting dates.

The 2011 LGRP Meeting dates have been set down for 7 February, 2 May, 1 August and 7 November. On the 11 November, 2010, the Director of Development will be attending a seminar organised by the Australian Institute of Building Surveyors and the Environmental Development and Allied Professionals on the new Disability Access to Premises Australian Standard. The new Standard is to be introduced on the 1 May 2011 and will mean significant changes in the requirements for new and upgraded buildings in Australia.


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6. Oberon Swimming Pool

By the time of the Council Meeting, the two change cubicles in the Male Ablutions and the two ventilation skylights should have been installed prior to the 12 November pool opening date. The work has been carried out by Peter Anderson Carpentry.

7. Swimming Pool Safety Campaign 2010

Council has received a Circular from the Division of Local Government regarding the above Safety Education Campaign. The DLG will be distributing to every Council the following resources:

Swimming Pool Laws Brochure

Home Swimming Pool Safety Checklist

Councils are requested to distribute a copy of the brochure and checklist to every pool owner that Council has on its records. The brochure, checklist and other information relating to backyard pools can be found on the Division‟s website at www.dlg.nsw.gov.au. In addition, information concerning the Swimming Pool Safety Campaign has been placed on Council‟s website.

8. Heritage Advisor and Local Heritage Fund Funding Offer for 2011 – 2014

By email, dated 21 October 2010, Council has received advice from the Heritage Branch of the NSW Department of Planning that the three year funding offer has been approved for Council to continue the heritage advisory service and local heritage fund for 2011 – 2014. Funding is offered to Council as a Development grant as follows:

A $1 for $2 grant of up to $7,500 per year for three years for Council‟s Heritage Advisory service.

A $1 for $2 grant of up to $8,500 per year for three years for Council‟s Local Heritage Fund.

The grant is based on the delivery and implementation of Council‟s Heritage Strategy for 2011 – 2014 and is offered as a three year performance agreement.

9. Kings Stockyard Creek Water Pollution

An update report concerning this matter was presented to Council‟s 16 February 2010 Ordinary Meeting. The report advised Council that the Department of Environment, Climate Change and Water (DECCW) had approved a Stage 1 Voluntary Management Proposal (VMP) submitted by CSR Limited under the Contaminated Land Management Act, 1997, whereby CSR had investigated the extent of the contamination (of Aldrin and Dieldren in the sediments of a drainage line and part of King‟s Stockyard Creek) and development of remedial strategy to address the contamination.

http://www.dlg.nsw.gov.au/


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DECCW now consider that in light of the works carried out by CSR under the Stage 1 approval, the terms of the proposal have been complied with. CSR Limited has submitted a Stage 2 VMP whereby they propose to excavate contaminated sediments and dispose of them at a licensed facility. CSR will also implement a detailed site management plan, including environmental monitoring, to ensure that remediation works do no result in adverse environmental impacts. Following the remediation, CSR will rehabilitate the creek. DECCW have issued an approval for these Stage 2 works.

File: A1.2.1

Author: Ralph Tambasco Date: 3 November 2010


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10.01.02 Director of Development Status Report

Resolution Number – 49191010 - Draft Land Use Strategy (Version Three) That Council visit the O‟Connell area to consider the matter proposed in relation to the O‟Connell section of the Draft Land Use Strategy on Thursday 4th November 2010 at 4.00pm. Status Area inspected by Council on 4 November 2010.

Resolution Number – 48191010 - Enclosure of Oberon Tennis Courts

That subject to funding approval being given, that the Tender for the construction of a steel framed colourbond metal enclosure over Courts Three and Four at the Oberon Tennis Complex be awarded to M and J Certoma and Sons. Status Awaiting outcome of success of Round 3 RLCIP Grant and application for extension of time for expenditure of Round 2 RLCIP funding has been lodged.

Resolution Number 15191010 - Development Application 10.2010.45.1 That:

a) Clause B.14.12.9 – “Dwelling Setbacks and Buffers” of Part B of the Development Control Plan 2001 be varied to allow the construction of a dwelling at Lot 5 in DP 1068451, 165 Goughs Road, Oberon, at a distance of 110 metres from the Southern property boundary for environmental reasons, and

b) The proposed dwelling incorporate, as a minimum the following noise attenuation construction features:

Installation of double glazed windows to the Southern side of the dwelling

Building to be wrapped in builders insulation paper

R2 insulation to be installed in all external walls

Minimum of R3 ceiling batts to be provided

Roof to have R1.5 insulation blanket under the metal sheeting Status Applicant has been notified that DCP Variation has been approved. Matter closed.


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Resolution Number – 13191010 - Amendments to the Environmental Planning and Assessment Regulation 2000

That a submission be made to the Department of Planning in relation to the Amendments to the Environmental Planning and Assessment Regulation 2000 that Council object to the removal of the requirement for a survey as constituting “Physical Commencement” of a Sub-division Application. Status Submission dated 27 October 2010 forwarded to Department of Planning.

Resolution Number – 08191010 – Heritage Committee Meeting Minutes That a main street study for Oberon, incorporating aspects such as:

Seating

Vegetation/landscaping

Awnings reconstruction

Car parking

Painting of buildings

Waste bins

Paving

Potential for tourism, heritage, and economic benefits be undertaken, subject to an investigation of potential funding and involvement of appropriate community groups. Status To be discussed with Heritage Advisor at next visit (6 December 2010).

Resolution Number – 07191010 – Heritage Committee Meeting Minutes That no action be taken in relation to the request to protect the area at Golden Gully, Isabella by the provision of appropriate fencing. Status To advise Heritage Committee at meeting of 6 December 2010.


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Resolution Number – 04191010 - Heritage Committee Meeting Minutes That Council endorse the appointment of Mrs Margaret Conners to the Heritage Committee as a delegate from the Oberon Tarana Heritage Rail Group Inc. Status Letter forwarded to Mrs Conners advising of above. Matter closed.

Resolution Number 05121010 - Development Application 10.2010.70.1 That Clause B.14.12.9 – “Dwelling Setbacks and Buffers” of Part B of the Development Control Plan 2001 be varied for environmental reasons to allow the construction of dwelling at Lot 1 in DP 502742, 230 Gingkin Road Oberon, to a distance of 12.5m off the Northern boundary and 18m off the Eastern boundary. Status Applicant has been notified that the DCP Variation has been approved. Matter closed.

Resolution Number - 03121010 - Pool Matters The draft Fees and Charges Schedule for the Oberon Swimming Pool for 2010-11 be adopted as presented and advertised for a period of 28 days for the receipt of public submissions, before adoption at the next Ordinary Meeting of Council. Status Advertisement prepared. Fees and Charges to be adopted at 16 November 2010 Council Meeting. Matter closed.


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Resolution Number - 01121010 - Development Application 10.2010.49.1, Proposed Dwelling, Lot 3 in DP 1113081, 576 Shooters Hill Road, Oberon That:

a) Clause B.14.12.9 “Dwelling Setbacks and Buffers” of Part B of the Oberon Development Control Plan 2001 be varied to allow the construction of the dwelling on Lot 3 in DP 1113081, 576 Shooters Hill Road, Oberon, at a distance of 90m from the Northern property boundary for environmental reasons, and

b) The proposed dwelling incorporate, as a minimum, the following noise attenuation construction features:

Installation of “Smart Glass Comfort Plus” acoustic glass to all windows and doors in the Northern, Eastern and Western elevation walls.

Installation of Bradford “Soundscreen Acoustic” insulation batts to the Northern, Eastern and Western elevation walls and the ceiling.

The planting of a buffer zone of native Eucalyptus trees along the Northern boundary between the Vulcan State Forest and proposed dwelling.

Status Applicant has been notified that the DCP Variation has been approved. Matter closed.

Resolution Number – 41210910 – Stockpiling of Sawdust in Industrial Area That an Infringement Notice be issued daily to Australian Native Landscapes, 7 Endeavour Street, Oberon until such time as the site complies with the conditions of consent or an acceptable demonstrated plan for compliance has been established and agreed to by Council and further that investigations immediately be undertaken to ascertain the feasibility of transferring the consent authority to the Department of Environment, Climate Change and Water. Status Infringement Notice first issued 23 September 2010. Last notice issued was October 5 2010 at which time ANL contacted Council to make a meeting time for October 7 2010. Prior to this, five Infringement Notices have been issued. Daily site inspections made and continuing. Meeting conducted with ANL Management and Council staff on October 7 2010, with a suitable plan for compliance now in place. The plan has actions to be undertaken over the next two weeks, where by October 22 the issues as they now stand will have been addressed. Documentation dated 27 September 2010 has been forwarded to the Department of Environment, Climate Change and Water (DECCW) seeking their consent to take on the Appropriate Regulatory Authority role from Council owing to the possibility that the facility


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can be classified as “Resource Recovery” pursuant to Schedule 1, Scheduled Activities, Part 1, Item 34 of the Protection of the Environment Operations Act 1997. As at the date of writing this report, Council has not received a response from DECCW. November Update – An update to be presented in a Closed Session Report to Council‟s 16 November 2010 Ordinary Meeting.

Resolution Number – 06210910 – Proposed Development Application That Council extend the resolution of 17 February 2009 Ordinary Meeting for an additional six months from today‟s date to submit the Development Application and further that Council requires the payment of any increase in fees from the original application. Status Applicant advised in writing. Awaiting submission of new Development Application as at 5 November 2010.

Resolution Number – 32170810 – Heritage Committee Meeting Minutes In respect to the proposed sign structures at Black Springs, Burraga and O‟Connell:

a) The quotation from Peter Anderson for the supply and erection of three sign structures to accommodate proposed signs at Black Springs, Burraga and O‟Connell at a cost of $1,900 each plus GST (funded from the Local Heritage Fund) be accepted,

b) Second-hand galvanised iron be used for the roof of the structure at O‟Connell, and

c) An additional sum of up to $100 per structure be provided (funded from the Local Heritage Fund) for treatment for the preservation of the timber members.

Status Works Order issued to Peter Anderson for commencement of construction of structures. Works are progressing.


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Resolution Number – 31170810 – Heritage Committee Meeting Minutes The NSW Heritage Branch be asked to undertake an analysis of the significance of the O‟Connell Memorial Avenue of Trees to inform the new LEP, utilising information that the Heritage Branch may have available. Status Email sent to Olwen Beazley who advised she will respond shortly. No response received as at 5 November 2010.

Resolution Number – 19170810 – Oberon Street Paving That staff be requested to investigate and report opportunities for development of Heritage style awnings on the Oberon Street streetscape and that as part of the report they engage the shop owners in the process. Status To be discussed with Council‟s Heritage Advisor initially.

Resolution Number - 04030810 – Draft Land Use Strategy That a letter be written to the Consultant expressing the Council‟s disappointment at the continued errors and lack of attention to its requests and in particular request justification of the consultant‟s contention of land use conflicts in the Oberon area and that the consultant be requested to provide the corrected report within 14 days, and that after 14 days submit justification of why his contract should not be terminated forthwith. Status Completed. Letter sent 9 August 2010. No response received, follow up letter sent. Draft Version 3 of Land Use Strategy submitted. Currently being considered by Council and Department of Planning.


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Resolution Number - 42200710 – Stockpiling of Sawdust in Industrial Area That the industry located at Lot 28, in DP 877490, 7 Endeavour Street, Oberon be advised that any future non-compliance with conditions of consent will result in a penalty notice being issued. Status Letter sent. No response received. Staff undertook site inspection on 31 August 2010. Response received 7 September 2010. See resolution number 41210910.

Resolution Number - 29200710 - Heritage Committee Meeting Minutes

a) The Principal of Oberon High School be contacted regarding the project to ascertain their support

b) An appropriate plaque be designed and manufactured depicting the first landing of Sir Charles Kingsford-Smith in Oberon on 6 March 1921

c) The plaque is to include photographs of the landed plane

d) The plaque be erected at the front of Oberon High School so that it is visible to the public from the footpath.

Status

a) Heritage Committee members to meet with Principal of Oberon High School at a mutually convenient time.

Resolution Number - 28200710 - Heritage Committee Meeting Minutes That the Heritage Committee be asked to investigate appropriate advice with a view to establishing a suitable program to restore and retain the PISE Barn at Lindlegreen. Status To be arranged shortly in conjunction with Resolution 27200710.


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Resolution Number – 27200710 - Heritage Committee Meeting Minutes That the Heritage Advisor (Christo Aitken), Director of Development (Ralph Tambasco) and a practising Structural Engineer meet on site at the PISE Barn at Lindlegreen to ascertain the extent of existing deterioration and to establish a monitoring program for the cracking of the Western wall and that an amount of $1000 from the Local Heritage Fund be allocated for this project. Status To be arranged shortly.

Resolution Number – 06200410 – Meeting with Department of Planning That a letter be written to Gerard Martin asking, why if Mr Biddle‟s Submission was incomplete wasn‟t he advised at the time and the matter proceeded with promptly. Status Letter sent – letter from Ministers office received advising that a response will be provided soon. No response received as at 6 October 2010. November update – Response addressed to Mayor, dated 21 October 2010, received by Council on 25 October 2010.

Resolution Number – 01110210 – Draft Land Use Strategy That the Draft Land Use Strategy be advertised for public comment noting that the views within the Strategy are not necessarily views expressed by all Councillors. Status Can only be done after endorsement received from DoP.


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Resolution Number – 05150909 – Proposed O‟Connell Conservation Area

1. The Heritage Committee be asked to provide the reasons and logic in relation to what they perceive needs to be protected.

2. All affected landowners within the proposed area, regardless of the size of property, be given adequate time to provide comment in regards to the proposal including the information requested in Item 2 above.

3. Consultation between the Council and the relevant parties be undertaken prior to the Council taking a decision on any issue relative to the matter.

Status Ongoing

File: A1.2.1



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10.02 Reports for Decision

10.02.01 Development Application 10.2009.179.1 and Construction Certificate 11.2009.179.1 – Additions to Oberon Community Centre

Executive Summary At the time of writing this report, works are progressing satisfactorily on the additions to the Oberon Community Centre. However, the issue of whether or not the roof tiles on the existing Community Centre building should be replaced with new concrete roof tiles to match the new roof tiles on the addition needs to be discussed and a decision made by Council.

For Council Decision Recommendation: That the existing roof tiles on the Community Centre building be replaced with new roof tiles to match the new roof tiles on the addition at a cost of $6,979.00.

Background Works are progressing on the addition to the Community Centre building. At the time of writing this report, the reinforced concrete strip footings and the floor slab have both been poured. The next stage is the standing of the frame and roof trusses. However, once the building is completed, the difference between the new roof tiles on the addition and the existing weathered roof tiles on the existing building will be quite noticeable. Staff were asked to obtain a quote for the re-tiling of the roof of the existing building in September 2010. The quote dated 1 October 2010 indicated that to re-tile the existing building with Monier concrete roof tiles to match the new addition would cost $6,979.00. It should be noted that an earlier “estimate” to repair and spray the existing roof tiles to match the new addition roof tiles was $5,000.00 However, this is not recommended by the roof tiler, owing to the existing tiles being chipped and cracked. Staff consider that for the purposes of aesthetics and to ensure that the existing building is better waterproofed, the existing roof tiles should be replaced. The Director of Corporate Services has indicated that provision will be made in the Quarterly 1 Budget review for retiling of the roof of the existing building.


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Attachments Nil Statutory Environment Not applicable Policy Implications Not applicable Financial Implications Not budgeted for in 2010-11, however provision can be made in the Quarterly 1 Budget review for an amount of $6,979.00 to be allocated to enable the re-roofing works to proceed. Strategic Implications Not applicable Officers Comment A new tile roof on the existing Community Centre building would provide an aesthetically pleasing visual aspect and add to the overall appearance of the Community Centre and Library Cultural Precinct. Consulted With Brett Moore, Building Contractor Director of Corporate Services

File No: PO24.13



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10.03 General Business Development


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11 Director of Corporate Service Reports

11.01 Reports for Information Recommendation That the Director of Corporate Services reports for information as presented in Report 10.01.01 to 10.01.05 of the Business Papers be received and noted by Council.

11.01.01 Monthly Update Report – Department of Corporate Services

The following items are presented for Councillors information and are reflective of the period October 1 to October 31 2010. 1. Visitor Information/Community Technology Centre Statistics The monthly statistical report on visitors to the Visitor Information/Community Technology Centre is attached for information.

Oberon‟s visitor numbers continue to increase with the total for the year to 31 October showing a 4% increase on the same period last year. Comments for information:

Mayfield Garden enquiries year to date compared to the total for last year is up 89.66%. Numbers were down for the first weekend due to heavy rainfall, second weekend numbers were up substantially. Mayfield Gardens is very happy and they are looking forward to the last weekend.

Tourism numbers year to date are up by 4% due mainly to Mayfield Garden enquiries.

Oberon Hospital Auxiliary Open Garden Weekends were again successful. Garden owners have been happier due to weekend being promoted later in the season.

The fishing season commenced on the October long weekend with large numbers of fisherman out and about.

Officers also attended the Canberra Home and Leisure Show (October 23-24) to assisted Oberon Plateau Tourism Association volunteers in their promotion of the region. Their attendance was funded by OPTA. Of significance were the many enquiries made regarding Oberon‟s camping and outdoor activities. Attachments

OIC Stats October 2010.pdf

OIC Stats Graph Oct 2010.pdf


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2. Oberon Library Statistics The monthly statistical report for the Oberon Library is attached for information. Collection of data commenced in December 2009. Therefore comparative statistics for previous years is not yet available. Future monthly reports will include commentary in relation to the statistical information. Attachments

Library Stats Oct 10.pdf

3. Rates Collections Report The monthly statistical report on the collection of rates and annual charges for the period to 31 October 2010 is attached for information. Total collections to date for the year represent 41.49% of the total receivable, compared with 41.71% at the same time last year. The improvement compared to the report to 30 September 2010 reflects the increased emphasis on collection and recovery action currently in progress to reduce the total outstanding. Attachments

Rates Oct 10.pdf

4. Councillor and General Manager Expenses The monthly summary of Councillor and General Manager Expenses is attached for information. Attachments

GM-Councillors Exp Oct 10.pdf

Consulted With General Manager, Visitor Information Centre Manager, Library Manager, Revenue (Rates) Officer

File: A1.2.1

Author: John Chapman Date: 9 November 2010


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11.01.02 Statement of Bank Balances and Investments

Executive Summary In accordance with Clause 212 of the Local Government (General) Regulation 2005:

“(1) The responsible accounting officer of a council:

(a) Must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented: (i) If only one ordinary meeting of the council is held in a month, at that

meeting, or (ii) If more than one such meeting is held in a month, at whichever of those

meetings the council by resolution determines, and (b) Must include in the report a certificate as to whether or not the investment

has been made in accordance with the Act, the regulations and the council‟s investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting.”

The statement of Bank Balances and Investments as at 31 October 2010 is attached for Council‟s information.

For Council Information Recommendation: That the information be received and noted.

Background In addition to the statement of Bank Balances and Investments as at 31 October 2010 the following comparative figures, with those reported at 31 October 2009, are presented for information.

2009 2010

Face Value of all Investments Held $5,552,143 $5,265,586

Face Value of Grange/Lehman Bros Investments $2,500,000 $2,000,000 Market Value of Grange/Lehman Bros Investments $1,026,277 $696,955

Market Value of Grange as % of Face Value 41% 35% Face Value of Westpac Investec (matured 3/12/09) $1,000,000 $0

Market Value of Westpac Investec $988,810 $0

Cheque Account Cash Book Balance $10,363 $77,404


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Total Cash and Investments (Market Value) $4,077,593 $4,039,945

Interest Received Year to Date $61,054 $50,320

Call A/c Interest Rate 3.20% 4.45%

Coupon payments continue to be received for the Grange Securities/Lehman Bros Investments, with the exception of the Zircon/Coolangatta CDO. The total sum held in investments and cash is comparable to the same period last year. Attachments

Investments 31 Oct 2010.pdf

Investments GRaph Oct 2010.pdf

File: C17.1



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11.01.03 Staff Appointments

Executive Summary Council resolved at its 16 June 2009 Ordinary Meeting, “That staff be allowed to recruit within the adopted structure and keep council informed of staff replacements at its ordinary meetings.” In keeping with this resolution Ms Hanna Bates was appointed to the position of Administration Trainee commencing Monday 15 November 2010.

For Council Decision Recommendation: That the information be received and noted.

Background Council resolved at its 16 June 2009 Ordinary Meeting, “That staff be allowed to recruit within the adopted structure and keep council informed of staff replacements at its ordinary meetings.” Council also resolved at its 5 May 2010 Special Meeting “That Council endorse the amended staff structure reflect the changes in Corporate Services and Development Departments to provide for:

a. Appointment of an Administrative Assistant Trainee

b. Deletion of the three School-Based Traineeships at the expiration of the current traineeship period (end of 2010)

c. Reappointment of the position of Health & Building Surveyor (vacant since October 2009) be deferred for a period of four months

d. Provision of casual technical assistance in the Development Department”

Ms Hanna Bates was appointed to the position of Administration Trainee commencing Monday 15 November 2010. Attachments No Attachments Statutory Environment Local Government Act, 1993


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Policy Implications Not applicable Financial Implications Provisions made in the 2010-2011 Budget. Strategic Implications Not applicable. Officers Comment Consulted With General Manager Director of Corporate Services

File: C19.1

Author: Joanne Barton Date: 5 November 2010


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11.01.04 Employee Costs Comparative Information

Executive Summary Following verbal requests from Councillors, a listing of comparative figures outlining total employee costs for the last five years has been prepared and is attached for information. The following comments and observations are provided:

The figures are extracted from the Annual Financial Statements.

The Total Income figures include Capital Grants and Contributions, however they do not include income from reserves.

When reserve expenditure is approved via the budget process and used to complete works the expense for the work will show in that year, including the wages cost, but the actual income may have been received in past years or may yet to be received (as is the case for no payment until the work is completed type arrangements).

A capital grant can be received and show in income in one year, however the work and therefore the wages expenditure may occur in the following year.

Sources of income other than Capital Grants and Contributions have been utilized to fund capital works (being transfers from reserves).

Over the past five years, total wages have ranged between 20% and 30% of Total Income. In 2010 the figures was 28%.

Council is currently reducing appropriate staff numbers by natural attrition in response to the completion of a five year funding arrangement with Forrest NSW and in response to a forecast reduction in capital funding for roads.

Council‟s employee numbers have decreased as at the 30 June 2010, from 81 FTE to 79.

Employee costs increases result from a number of factors, including award increases, level of long standing employees that reach a higher level in Council‟s salary structure and increased superannuation contributions.

The expenses from Continuing Operations includes operating expenditure only and does not include capital expenditure as this is shown in the balance sheet.

The capital expenditure on wages is shown in the attachment to give a more complete picture of the wages position

There has been a consistent increasing demand and therefore associated work product on Councils including issues identified in the better practice review, the implementation of Integrated Strategic Planning and Reporting, Assets Management Plans, Internal Audit requirements, LEP Review, Environmental Planning Act and Regulations requirements, Building Code of Australia and the like.

Corporate Services Wages include additional positions approved by Council. These are a Grants Officer, Executive Assistant, Information Technology Manager and Information Technology Trainee.

The breakup of salaries wages is accurate for 2010 data as it is extracted from council‟s new finance software. Best available calculations have been provided for prior years, although the totals are accurate.


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Attachments

101110 - 5 year

comparatives.pdf

File: C15.1



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11.01.05 Director of Corporate Services Status Report

Resolution Number – 26191010 - 2011 Youth Week

That the offer from the NSW Department of community Services for a $1230.00 contribution toward the cost of 2010 Youth Week activities at Oberon be accepted and the funding matched on a dollar for dollar basis. Status Offer accepted. Matter closed.

Resolution Number – 24191010 - Draft Policy 1103 – Payment of Expenses and Provision of Facilities to The Mayor, Deputy Mayor and Other Councillors. The adopted Policy, Payment of Expenses and Provision of Facilities to The Mayor, Deputy Mayor and Other Councillors be forwarded to the Director General within 28 days. Status Policy amendment advertised. Report to November 2010 Ordinary Meeting.

Resolution Number – 23191010 - Oberon Schools – Request for Donation

That a donation of $150 be allocated for each school in the Local Government Area (including O‟Connell Public School) for their 2010 Annual Presentation night. Status Payments prepared for distribution at Annual Presentation Nights. Matter closed.

Resolution Number – 22191010 - Invitation to become a member of the Macquarie Philharmonic Foundation That the invitation to join the Macquarie Philharmonic Foundation be declined. Status Letter written. Matter closed.


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Resolution Number – 21191010 - Annual Financial Reports That:

1. Council resolve that:

a. The Annual Financial Statements for the year ended 30 June 2010 have been drawn up in accordance with:

the Local Government Act 1993 (as amended) and the Regulations made thereunder,

the Australian Accounting Standards and professional pronouncements, and

The Local Government Code of Accounting Practice and Financial Reporting.

b. To the best of Council‟s knowledge and belief, the reports:

present fairly the Council‟s financial position and operating result for the year, and

Accord with Council‟s accounting and other records.

c. Council is not aware of any matter that would render the reports false or misleading in any way.

d. The special purpose Financial Statements for the year ended 30 June 2010

have been prepared in accordance with the:

the NSW Government Policy Statement “Application of National Competition Policy to Local Government”

The Department of Local Government guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”.

the Local Government Code of Accounting Practice and Financial Reporting, and

The Department of Energy, Utilities and Sustainability “Best Practice Management of Water Supply and Sewerage” guidelines.

e. To the best of Council‟s knowledge and belief, these reports:

present fairly the financial position and operating result for each of Council‟s declared Business Activities for the year, and

accord with Council‟s accounting and other records

f. Council is not aware of any matter that would render the reports false or misleading in any way.

2. Council does not wish the Auditor to attend the meeting at which the financial

reports are presented. 3. The Annual Financial Reports, incorporating the Auditor‟s Report, be presented to

the public at the 16 November 2010 Ordinary Council Meeting 4. The General Manager be delegated authority to authorize the year end accounts for

issue immediately upon receipt of the auditor‟s report, subject to there being no material audit changes or audit issues, in accordance with AASB 110.

Status Financial Reports, including Auditors Reports, to be presented to the public at Council‟s November 2010 Ordinary Meeting.


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Resolution Number – 04191010 - Heritage Committee Meeting Minutes That Council endorse the appointment of Mrs Margaret Conners to the Heritage Committee as a delegate from the Oberon Tarana Heritage Rail Group Inc. Status Management Manual for Section 355 Committees and Volunteers updated. Matter closed.

Resolution Number - 03121010 - Pool Matters The draft Fees and Charges Schedule for the Oberon Swimming Pool for 2010-11 be adopted as presented and advertised for a period of 28 days for the receipt of public submissions, before adoption at the next Ordinary Meeting of Council. Status Fees & Charges proposal advertised. Report to November 2010 Ordinary Meeting.

Resolution Number – 47210910 – Oberon Dental Surgery That the common seal be affixed to the licence agreement with Henriette Macri-Etienne for use of the Oberon Dental Surgery and an addendum be inclusive of a letter of understanding. Status Common seal affixed and addendum included. Revised longer-term lease to be negotiated.

Resolution Number – 27170810 – Policy for the Payment of Expenses and the Provision of Facilities for Mayors and Councillors That the matter be deferred pending a further review of the policy and report to Council. Status Superseded by resolution number 24191010. Matter closed.


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Resolution Number – 26170810 – Policy Reviews, Investments Policy That Policy 2211 – Investments be deferred pending a further report to Council. Status Referred to December 2010 Ordinary Meeting

Resolution Number – 04170810 – Request for Donation That $750 be provided from the donations budget for the 2BS Oberon Junior Sports Awards. Status Contact made with 2BS to arrange the launch for the awards.

Resolution Number – 23200610 – Fossicking in Oberon That the construction of a Noodling Patch adjacent to the Oberon Visitor Information Centre, funded from donations received and voluntary assistance, be authorized and that a gold coin donation be charged for the use of the facility. Status Construction commenced in late October 2010.

Resolution Number – 57200410 – Grants Officer Position That the information be received and noted and that Lithgow City Council be requested to provide a full breakdown of the costs and any reimbursement from insurance or any other source. Status Letter sent – response received – more information to be requested.


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Resolution Number – 59151209 – Lease to MJBA Pty Limited – Jenolan Caravan Park A new rental agreement be entered into with MJBA Pty Limited, commencing on 16 December 2009 in accordance with the document provided by the Minister for Lands and the term of the period be 20 years with no options to renew.

a) The assessed annual rental increase be phased in over the next two years to $19,635.00 with CPI increases being made in accordance with the current standard formula.

b) Authority be given to execute the lease document under the Common Seal of the Council.

c) The General Manager be requested to ascertain the differential costs between $10 million & $20 million Public Liability Cover with a view of having a $20 million policy established.

Status Agreement reached – awaiting Department of Lands authority on behalf of Minister.

Resolution Number – 16171109 – Annual Financial Reports That staff be requested to seek justification from Council‟s insurance providers for the increase in the base workers compensation premium for the period 2007 to 2009 and a report be provided to Council. Status Report will be provided to December 2010 meeting and will incorporate 2009-10 premium after completion of Financial Reports.

File: A1.2.1 Author: John Chapman

Date: 1 November 2010


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11.02.01 2011 International Women’s Day

Executive Summary The Premier and Cabinet Office for Women‟s Policy have written to advise that $1,000.00 grant applications for International Women‟s Day 2011 are now open. The day‟s activity will be open to all the women in Oberon and the surrounding villages to come together and celebrate on Tuesday 8 March 2011. The theme is celebrating 100 years. Direction is now sought from Council with regards the format of the 2011 event. Once given an event brief will be submitted to the December 2010 meeting for endorsement.

For council decision Recommendation That Council apply for the $1000.00 grant to conduct an event for International Women‟s Day in March 2011.

Background In 2009 the Council was successful in obtaining a grant of $1,000 to hold an event for the women of Oberon and surrounding villages. As well as an afternoon tea it was decided that the Friends of the Oberon Library would produce a book depicting the women of Oberon through time. Due to membership changes and illness the book was delayed, however, it is planned to use the 2011 IWD event for the launching of the book. For the 2010 event The Friends of the Oberon Library arranged and facilitated an event themed “Women through the ages”. They presented a fashion parade using clothing and apparel from years gone by. This was a successful event which raised over $370.00 from sales of ribbons and raffles; this money was forwarded onto UNIFEM International. Direction is now sought from Council with regards the format of the 2011 event. Once given an event brief will be submitted to the December 2010 meeting for endorsement. Attachment Not applicable Statutory Environment


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Not applicable Financial Implications There is no financial implication on Oberon Council. Provision has been made in the 2010-2011 budget for expenditure of $1,000 offset by grant income. Strategic Implications Not applicable Officers Comment At a meeting with the General Manager and Director of Corporate Services with the Friends of the Oberon Library their desire to host the 2011 event was expressed. Consulted with Director of Corporate Services

File: A3.2

Author: Kathy Beesley Date: 3 November 2010


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11.02.02 Oberon Liquor Accord

________________________________________________________ Executive Summary The inaugural meeting of the Oberon Liquor Accord was held on Tuesday 26 October 2010. Due to the short notice given for this meeting, being less than two hours Council was represented by the Director of Corporate Services and Community Liaison Officer In the Director of Corporate Services‟ Report on delegates to external organisations, provision is made for appointment of an elected member to represent Council.


Background Information regarding Liquor Accords in New South Wales is contained in the website www.olgr.nsw.gov.au. Relevant extracts from the website include: What is a liquor accord? A liquor accord is simply an agreement by licensees and other stakeholders to take certain actions in local communities which aim to improve safety in entertainment areas and reduce alcohol-related anti-social behaviour, offences and violence. Why do we have liquor accords? Alcohol-related problems frequently result from the ways in which liquor is served and promoted. Liquor laws provide some powerful enforcement tools to address such problems, including closures of premises and a range of legal action. Local liquor accords aim to stop problems from occurring in the first place. They have the advantage of enjoying the support and cooperation of licensees and take account of specific issues in an area. However, punitive measures by regulators are usually applied after problems have become serious. Such measures are generally considered a last resort. They may not provide an effective remedy to persistent problems related to alcohol consumption in an entertainment precinct or local community.

http://www.olgr.nsw.gov.au/


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Who are partners in a liquor accord?

Local licensees Hotels Clubs Bottle shops Sporting clubs/ venues Local Councils Local Police Roads and Traffic Authority (RTA) Other community groups such as Community Drug Action Teams Office of Liquor, Gaming and Racing (OLGR)

What does a liquor accord do? There are detailed examples of specific strategies in Building an effective accord. Generally, activities can range from education campaigns to help patrons understand the high personal cost of anti-social behaviour, to explanations of licensing laws along with projects undertaken with councils and police to address street design, lighting, transport, late-night trading, alcohol-free zones and the conduct of tourists. What are the benefits of having an accord? The aim of a successful accord is to bring about genuine benefits for everyone involved including:

Safer and more welcoming local neighbourhoods Enhanced local reputations for concerned and active licensees An improved business environment Constructive working relationships between licensees, councils, patrons, residents

and police Improved compliance with liquor licensing laws Reduced under-age drinking Reduced anti-social behaviour and crime Reduced alcohol-related violence.

Due to the short notice given for this meeting, being less than one hour, Council was represented by the Director of Corporate Services and Community Liaison Officer. The meeting was attended by:

Sergeant Wayne Heinze, Oberon Police

Senior Constable Barry Cash, Chifley Local Area Licensing Officer

Council officers being the Director of Corporate Services and Community Liaison Officer

Representatives from: Oberon RSL Oberon Leagues Club Royal Hotel Mawhoods‟ IGA Supermarket O‟Connell Hotel Tourist Hotel

http://www.olgr.nsw.gov.au/accords_building_an_accord.asp


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Each Local Government Area is required to have a Liquor Accord in accordance with the Liquor Act 2007. It is proposed that meetings be held each three months. It was noted that Councils usually appoint a delegate who has voting rights. Council representation varies in that some are represented by staff, while others are represented by elected members. Attachments Nil Statutory Environment The Liquor Act 2007. Policy Implications Nil Financial Implications Nil Strategic Implications Representation for Council on the Oberon Liquor Accord to facilitate constructive working relationships between licensees, councils, patrons, residents and police Officers Comment Nil Consulted With General Manager

File: A3.1



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11.02.03 Delegates to Section 355 and Council Committees

Executive Summary While Council‟s Management Manual for Section 355 Committees and Volunteers provides (Clause 5.1) that “The term of office for §355 Committees will be the same term as the current Council...”, it is considered appropriate, following the election of Councillor Gibbons to Council, to review the Councillor delegates to Section 355 and other Council Committees.

For Council decision Recommendation That delegates to Section 355 and other Council Committees be reviewed.

Background A summary of each of the Section 355 and other Council Committees, noting the current councillor delegates is provided as follows: 1. Section 355 Committees

Care Car Committee o Councillor Sullivan

Cemetery Headstone Maintenance Committee o Councillor McMahon

Events Committee o Councillor Sullivan

Hazelgrove Public School Reserve Committee o Councillor Fitzpatrick

Heritage Committee o Councillor McCarthy o Councillor Doney

Library Committee o Councillor O‟Bernier

Oberon Hazelgrove Rail Corridor Development Committee o Councillor O‟Bernier o Councillor Fitzpatrick

Oberon Promotions Committee o Councillor Sullivan

Oberon Sports Complex Committee


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o Councillor Sullivan o Councillor O‟Bernier o Councillor Fitzpatrick o Formerly the late Councillor Bob Hooper

Timber Heritage Walk Committee o Councillor Sullivan

2. Other Committees

Finance Committee o The whole Council

Works Committee o the whole Council

Land Committee o Councillor Sullivan o Councillor O‟Bernier o Councillor Fitzpatrick o Councillor McCarthy

Oberon Business Development Committee o the whole Council

Performance Review Committee o the whole Council

Self Care Units Tenants Panel o Councillor O‟Bernier o Councillor McCarthy (alternate delegate)

Senior Citizens Liaison Committee o Councillor Sullivan o Formerly the late Councillor Hooper o Councillor McMahon o Councillor O‟Bernier

Traffic Advisory Local Committee o Councillor McCarthy o Councillor Handelsmann (alternate delegate) o Works Manager (Chairman)

Attachments None


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Statutory Environment Local Government Act 1993 Management Manual for Section 355 Committees and Volunteers Policy Implications Not applicable Financial Implications Not applicable Strategic Implications Not applicable Officers Comment Nil Consulted With Executive Management Team

File: A2.1



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11.02.04 Delegates to External Organisations

Executive Summary At Council‟s Ordinary Meeting on 21 September 2010 it was resolved that:

a) Fran Charge remains as Council‟s delegate to Arts OutWest.

b) Councillor Handelsmann be appointed as the alternate delegate to the Oberon Plateau Tourism Association.

c) Councillor Handelsmann withdraws as the delegate for the Lachlan Regional Transport Committee Incorporated

d) Delegates to remaining committees and external organisations be deferred until the November Ordinary Meeting following the by-election.

For Council decision Recommendation That:

1. The General Manager be appointed as Council‟s delegate to Blue Mountains, Lithgow and Oberon Tourism Association and Councillor Sullivan remain as alternate delegate.

2. That the Mayor and General Manager be appointed as Council‟s delegates for CENROC.

3. Delegates to other external organisations for the ensuing twelve months be reviewed.

Background A summary of each of the external organisations on which Council appoints delegates, noting the current delegate (or delegates) is as follows:

1. Arts OutWest

Oberon Arts Council – Mrs Fran Charge (Council resolved at the September 2010 Ordinary Meeting that Mrs Charge “... remains as Council‟s delegate to Arts Out West”).

2. Ben Chifley Catchment Management Steering Committee

Councillor McCarthy

3. Blue Mountains, Lithgow and Oberon Tourism Association

Wayne Cooper

Councillor Sullivan (alternate delegate)

Wayne Cooper has expressed his interest to continue in the role for another 12 month period to complete the reviews that have been initiated during his appointment.


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4. Catchment Management Committees (Lachlan, Macquarie and Sydney Water

Catchment Management Authorities)

No Councillor delegate currently appointed

Director of Development

5. Central Tablelands Strategic Alliance Internal Audit Committee

Councillor Sullivan – Chair as appointed by the audit committee on November 4 2010.

6. CENTROC

Council is entitled to have two voting delegates. While delegates have not previously been formally appointed by Council, the Mayor and General Manager have traditionally represented Council at CENTROC Meetings.

7. Cox‟s River Catchment Management Authority

No delegate currently appointed

8. Joint Regional Planning Panel

Formally the late Councillor Hooper

Councillor McCarthy

Councillor McMahon (alternate delegate) 9. Lachlan Regional Transport Committee Incorporated

No delegate currently appointed

Councillor Handelsmann formally withdrew as delegate to this committee at the September 2010 Ordinary Meeting

10. Oberon Arts Council

Councillor Handelsmann

11. Oberon Business Association

Councillor Handelsmann

12. Oberon Liquor Accord (see separate report by Director of Corporate Services)

New group - no delegate currently appointed 13. Oberon Plateau Tourism Association

Councillor Sullivan

Councillor Handelsmann (alternate) – confirmed by Council at the September 2010 Ordinary Meeting

14. Rural Fire Service Chifley Zone Liaison Committee

Councillors McCarthy and Francis (also to represent Council on Brigade Captains‟ Meetings)

Officers being the Director of Engineering and the Finance Manager

15. Upper Macquarie County Council

Councillors McMahon and Francis


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Attachments None Statutory Environment Local Government Act 1993 Policy Implications Not applicable Financial Implications Provision is made in the budget for delegates and travelling expenses. Strategic Implications Not applicable Officers Comment Nil Consulted With Executive Management Team

File: A2.1



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11.02.05 Swimming Pool Fees and Charges

Executive Summary Council resolved, at the Special Meeting on 12 October 2010 that “The draft Fees and Charges Schedule for the Oberon Swimming Pool for 2010-11 be adopted as presented and advertised for a period of 28 days for the receipt of public submissions, before adoption at the next Ordinary Meeting of Council”. The advertisement has been placed in the Oberon Review and no submissions were received.

For Council decision Recommendation: The draft Fees and Charges Schedule for the Oberon Swimming Pool for 2010-11 be adopted as determined by Council at the Special Meeting held on 12 October 2010.

Background Council resolved, at the Special Meeting on 12 October 2010 that “...The draft Fees and Charges Schedule for the Oberon Swimming Pool for 2010-11 be adopted as presented and advertised for a period of 28 days for the receipt of public submissions, before adoption at the next Ordinary Meeting of Council”. The advertisement has been placed in the Oberon Review and no submissions were received. Attachments Nil Statutory Environment Local Government Act 1993 Policy Implications Not applicable Financial Implications Nil


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Strategic Implications Nil Officers Comment Nil Consulted With Not applicable

File: D55.3.1 and C15.5 Author: John Chapman



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11.02.06 Adoption of Policy – Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and other Councillors

Executive Summary At its ordinary meeting of 19 October 2010, council resolved (24191010)

“that the adopted Policy, Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and other Councillors be forwarded to the Director General within 28 days”

For Council Decision Recommendation: That the information be received and noted.

Background The draft Policy – Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and other Councillors was advertised in accordance with Section 253 of the Local Government Act. To date, no submissions have been received by Council. The adopted policy will be forwarded to the Director General after the 28 days advertising timeframe has expired on the 17 November 2010. Attachments No attachments. Statutory Environment Local Government Act, 1993 Policy Implications Council‟s policy register will be updated with the adopted policy. Financial Implications Not applicable Strategic Implications Not Applicable


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Officers Comment Consulted With Director Corporate Services

File: A1.2.7 Author: Joanne Barton



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11.02.07 Requests for Donations

Executive Summary By letter, 5 November 2010, the Oberon Show Society Inc has written seeking Council‟s sponsorship of the Oberon Showgirl competition which will take place in February 2011. While the requested amount is not specified as such, an amount of $1,500 is referenced based on previous donations.

For Council decision Recommendation: That a donation of $1,500, funded from the donations budget, be made to the Oberon Show Society Inc for sponsorship of the 2011 Oberon Showgirl competition.

Background By letter, 5 November 2010, the Oberon Show Society Inc has written seeking Council‟s sponsorship of the Oberon Showgirl competition which will take place in February 2011. Council has traditionally supported the Show Society and sponsored the competition with a donation of $1,500 in 2007/2008 and 2008/2009. A donation of $1,000 was made in 2009/2010 with an additional sum of $1,000 being donated for the hosting of the zone final.

Attachments

Donations History Oct 10.pdf

Show Society Letter Nov 10.pdf

Statutory Environment Local Government Act 1993 Oberon Council Management Plan 2010-2015 Policy Implications The request complies with Council‟s Financial Assistance Policy Financial Implications Council currently has $8,724 available in its annual donations budget.


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Strategic Implications Not applicable Officers Comment Not applicable Consulted With Not applicable

File: A3.3



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11.02.08 Requests for Financial Assistance – 2011 Highlands Steam and Vintage Fair

Executive Summary By letter dated 25 October 2010 the organisers of the 2011 Highlands Steam and Vintage Fair has written seeking Council‟s assistance in underwriting the inaugural „Oberon Music Muster‟. It is proposed to be held in conjunction with the Fair, which is part of the events incorporated in the annual Oberon and Villages Summer Festival. The request is being made to three organisations, being Oberon Council, the Oberon Plateau Tourism Association and the Oberon Business Association. The requested Council commitment to underwrite the event is $3600.00. Council has supported the Highlands Steam and Vintage Fair in the past by providing funds to assist with advertising as part of the Oberon and Villages Summer Festival and assistance with transport of steam engines etc. As there are currently substantially reduced funds available in comparison with last year‟s budget (which was boosted by the acquisition of substantial funding through Blue Mountains Tourism and Tourism NSW), Council should be cautious when considering this request due to the limited committed funds available and the needs of other events associated with the Summer Festival. In the past it has been the practice for event support considerations to be channelled through Council‟s Event‟s Committee for discussion and comment prior to decision by Council.

For Council decision Recommendation That the request for assistance by underwriting the inaugural „Oberon Music Muster‟ be referred to the Events Committee for consideration in conjunction with consideration of the proposed program of events for the 2011 Oberon and Villages Summer Festival.

Background By letter, 25 October 2010, the organisers of the 2011 Highlands Steam and Vintage Fair has written seeking Council‟s assistance by underwriting the inaugural “Oberon Music Muster” proposed to be held in conjunction with the Fair, which is part of the events incorporated in the annual Oberon and Villages Summer Festival. The request is being made to three organisations, being Oberon Council, the Oberon Plateau Tourism Association and the Oberon Business Association. The requested Council‟s commitment to underwrite the event is $3600.00. Underwriting the event means that Council will contribute up to $3600 to cover event costs should the event itself not breakeven and be able to cover these costs. The Muster must attract 600 paying adult patrons to cover the event cost of $6000. Council‟s exposure, being the full $3600 will reduce in proportion to the number of full paying adults attending.


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Council has supported the Highlands Steam and Vintage Fair in the past by providing funds to assist with advertising and promotion as part of the Oberon and Villages Summer Festival and direct assistance with transport of steam engines etc. A summary of past and budgeted expenditure on Summer Festivals is provided as follows:

2008/2009 2009/2010 2010/2011

(Budgeted)

Expenditure PR Campaign 2,200 26,312

(T

o b

e a

llocate

d)

Flyers Posters etc 4,000 6,026

Radio Advertising 2,000 1,000

Newspaper Advertising 4,999 3,273

Magazines Advertising 1,818 - Newspaper & Magazines Advertising - 21,943

Website 182 675

Town Entry Signage - 236

Steam Engines Transport 8,864 4,507

Community BBQ 90 -

Street Closure 22 -

Festival Coordination 7,446 10,797

Other Costs 1,092 -

Band at The Common - 3,968

Postage - 222

32,713 78,959 29,408

Funding Council Budget Allocation 9,986 15,000 15,300

BMTL/NSW Tourism Grants 22,727 61,959 14,108

OPTA Contribution 0 2,000 -

32,713 78,959 29,408

As there are substantially reduced funds available in comparison with last year‟s budget (which was boosted by the acquisition of substantial funding through Blue Mountains Tourism and Tourism NSW), Council should be cautious when considering this request due to the limited committed funds available and the other events associated with the Summer Festival. While verbal advice suggests that additional funding through Blue Mountains Tourism and Tourism NSW may again be available, no confirmation is yet to hand in relation to that funding. In the past it has been the practice for event support considerations to be channelled through Council‟s Event‟s Committee for discussion and comment prior to decision by Council. Alternatively, Council could consider this request under the Donations program.


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Attachments

Steam Vintage Fair Letter Oct 10.pdf

Statutory Environment Local Government Act 1993 Oberon Council Management Plan 2010-2015 Policy Implications Nil Financial Implications While Council currently has $29,408 available in its Oberon and Villages Summer Festival budget, priorities as to funding for individual events has yet to be determined. The expenditure of $3600 could be considered in a number of contexts. As this is the first year of the event there is no basis to judge the likelihood of success as there have been no similar events held in the local area in recent times. In that vein Council must consider that a high proportion of the requested underwrite of $3600 may be called into account. It would be unlikely that the whole amount of $3600 would be required as this would mean no tickets were sold. The breakeven attendance figure is 600 paying adults. Assuming attendance of only 100 paying adults then the Council contribution would be $3000. If we assume 50% attendance then the Council contribution would amount to $1800. Alternate Financial Implication Council currently has $8,724 available in its annual donations budget.

Strategic Implications Nil Officers Comment General Manager Comment It is a common occurrence for events of this nature to seek seed funding from organisations that will be seen to benefit or in some manner support the outcome of the event being achieved. From this perspective it is a reasonable proposition for the Highlands Steam and Vintage Fair to approach Council for support.


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The manner in which they have done this is to be commended in so far as it shares the burden for underwriting the event across three organisations. OPTA and the OBA could be seen to benefit from this event from an economic perspective with an increase in visitor traffic and retail trade. Events of this nature usually build in volume over a period of five to ten years assuming the product delivered is targeted to the consumer and of a quality that meets consumer expectations. That said these kinds of events usually depend on significant sponsorship in one form or another for up to three to five years and may never achieve a cost neutral position that does not contain a sponsorship element. The Highlands Steam and Vintage Fair have adopted a professional approach to this event, employing the services of Pat Drummond to co-ordinate, promote and headline the event. See http://www.patdrummond.net/ for further information. On this basis the event is more likely to deliver a quality experience for both the residential and visitor market. As an additional bonus in 2011 the whole event, inclusive of the Muster is to be linked to the Blue Mountains Lithgow and Oberon Regional Tourism Organisation promotion of the month of February as a „Roaring 1920‟s Celebration‟. A project officer, Sandy Luxford has been appointed to coordinate the event program for the Roaring 20s February 2011. Consulted With General Manager Highlands Steam and Vintage Fair Organisers by way of a meeting with the General Manager Visitor Information Centre Officer

File: P72.1


http://www.patdrummond.net/


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11.02.09 Annual Financial Reports

Executive Summary Council resolved, at the Ordinary Meeting on 19 October 2010, that the Annual Financial Reports, incorporating the Auditor‟s Report, be presented to the public at this meeting. The final audited financial reports have been distributed as a separate document to all Councillors and no amendments have been made to the draft reports considered by Council at the October 19 Meeting. It is appropriate to note that the auditor‟s report includes the following comment:

“It is important to note that this result is underpinned by high levels of receivables and inventories. The realisation of these assets during 2010-11 will impact upon Council‟s ability to provide services to the community. Until these assets are realised, Council‟s flexibility to respond to community needs as required may be restricted.”

For Council decision Recommendation That the Annual Financial Reports, incorporating the Auditor‟s Report, for the year ended 30 June 2010, be presented to the public.

Background Council resolved, at the Ordinary Meeting on 19 October 2010, that the Annual Financial Reports, incorporating the Auditor‟s Report, be presented to the public at this meeting. The final audited financial reports have been distributed as a separate document to all Councillors and no amendments have been made to the draft reports considered by Council at the October 19 Meeting. It is appropriate to note that the auditor‟s report includes the following comment:

“It is important to note that this result is underpinned by high levels of receivables and inventories. The realisation of these assets during 2010-11 will impact upon Council‟s ability to provide services to the community. Until these assets are realised, Council‟s flexibility to respond to community needs as required may be restricted.”

Council is reminded also of the following comments contained in the Director of Corporate Services‟ report to the October 2010 Ordinary Meeting:

“The current situation regarding limited availability of cash resources for capital works (unless externally funded), while not considered to be at crisis point, does need to be carefully monitored and the previous practice of planning for the funding of acquisition of community assets in anticipation of receipt of funds (e.g. anticipated sales of land)


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should be discontinued. A conservative position would demand that commitment of Council funds for such works should not be made unless the cash is “in the bank” and available for immediate disbursement on the project.

While the situation is not expected to delay any of the current community capital projects planned, a detailed analysis will be undertaken with a longer term projection so that the potential affect on longer term capital works programs can be determined. A staff report will be submitted to Council in regard to this analysis for consideration at the November 2010 Ordinary Meeting.”

The detailed analysis has not been prepared for the November meeting but it is intended to be submitted to Council‟s December 2010 Ordinary Meeting. As at the date of preparation of this report, no submissions have been received from the general public in relation to the Annual Financial Reports at 30 June 2010.

Attachments None – the completed final Annual Financial Reports, including the Auditors Reports have been distributed as a separate document. Statutory Environment Local Government Act 1993 Australian Accounting Standards and Professional Pronouncements The Local Government Code of Accounting Practice and Financial Reporting Policy Implications Not applicable Financial Implications Despite a positive operating result for the year, there has been a significant drop (from $5.2 million to $3.6 million) in the balance of cash reserves (restricted assets) during the year. It has been necessary to reduce the balance of some internally restricted assets (cash reserves) intended for other purposes. It is anticipated that, with future sales of land and with a concerted effort to reduce the current abnormally high balance of monies receivable for rates and charges, the funds utilised from the above reserves will be recouped. The current situation regarding limited availability of cash resources for capital works (unless externally funded), while not considered to be at crisis point, does need to be carefully monitored and the previous practice of planning for the funding of acquisition of community assets in anticipation of receipt of funds (e.g. anticipated sales of land) should be discontinued. Commitment of Council funds for such works should not be made unless the cash is “in the bank” and available for immediate disbursement on the project.


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Strategic Implications While the situation is not expected to delay any of the current community capital projects planned, a detailed analysis will be undertaken with a longer term projection so that the potential affect on longer term capital works programs can be determined. Officers Comment Nil Consulted With Finance Manager General Manager

File: C15.2



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11.02.10 Annual Report – Year Ended 30 June 2010

Executive Summary As part of Council‟s statutory obligations it is required to prepare an Annual Report. A copy of Council‟s Annual Report for the year ended 30 June 2010 has been distributed as a separate document.

For Council Decision Recommendation: That the Annual Report for the year ended 30 June 2010 be received for information and the report be included on the Council‟s website and forwarded to the Minister.

Background 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.”

A copy of Council‟s Annual Report for the year ended 30 June 2010 has been distributed as a separate document.


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Attachments See separate document distributed with Business Paper Statutory Environment Local Government Act, 1993 Policy Implications Not applicable Financial Implications Nil Strategic Implications Not applicable Officers Comment Nil Consulted With Executive Management Team Manager Finance Corporate Planner

File: C15.6



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11.02.11 Review of Management Plan – Quarter 1, 2010/11

Executive Summary In accordance with the provisions of the Local Government Act 1993, a report is being distributed as a separate document on the progress made to 30 September 2010 with Council‟s Management Plan for the period 2010-2015.

For Council Decision Recommendation: That the Quarter 1 Management Plan review for 2010/2011 be received and noted.

Background In accordance with the provisions of the Local Government Act 1993, a report is being distributed as a separate document on the progress made to 30 September 2010 with Council‟s Management Plan for the period 2010-2015. Realistic, measurable key performance indicators have yet to be established and, in the absence of firm direction or assistance from relevant authorities and due to lack of staff resources, this task has been deferred pending completion of the Assets Management Plan (a draft of which is anticipated to be presented to Council in February 2011). Attachments See separate document distributed with Business Paper Statutory Environment Local Government Act, 1993 Policy Implications Not applicable Financial Implications Not applicable Strategic Implications


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Officers Comment Consulted With Executive Management Team Finance Manager Corporate Planner

File: C15.5



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11.02.12 Quarterly Budget Review as at 30 September 2010

________________________________________________________ Executive Summary The Quarterly Budget Review Statements for the first quarter to 30 September 2010 have been distributed as a separate document. In accordance with the Local Government (General) Regulations 2005, a budget review statement must include or be accompanied by:

“(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

(b) If that position is unsatisfactory, recommendations for remedial action.”

_________________________________________________________________________ For Council Decision Recommendation: That:

1. Provision made in this quarterly review for the sale of the residential property in Dart Street with the proceeds to be transferred to the Roads Reserve be endorsed;

2. A detailed analysis to be undertaken by staff with a longer term projection of capital works funding for consideration at Council‟s December 2010 Ordinary Meeting.”

3. The Quarter 1 Budget Review Statements for 2010/2011 be received and noted and the revised budgeted income and expenditure items be voted.

________________________________________________________________________

Background The Quarterly Budget Review Statements for the first quarter to 30 September 2010 have been distributed as a separate document. All items in respect of which there are variations are noted on the detailed statements. A summary of major variations, with relevant comments is also provided with the statements. This summary differs from that previously provided with quarterly budget reviews in that it is now divided into three categories:

1. Items relating to unspent capital works as at 30 June 2010 brought forward for inclusion in the 2010-2011 budget (all funded as outlined);

2. Adjustments to the current year‟s budget (all funded as outlined); and

3. Adjustments to the current year‟s budget which are not offset or funded. In accordance with the Local Government (General) Regulations 2005, a budget review statement must include or be accompanied by:


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“(a) a report as to whether or not the responsible accounting officer believes that the

statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

(b) If that position is unsatisfactory, recommendations for remedial action.” The Director of Corporate Services is Council‟s Responsible Accounting Officer and, in accordance with the regulation, reports that:

“While the quarterly budget review presents a slightly more positive view of the current year‟s results (anticipated cash surplus of $21,019, compared with the originally budgeted cash deficit of $6,300), Council is reminded of the comments by the Auditors and the Director of Corporate Services in their respective reports on the Annual Financial Reports for the year ended 30 June 2010, particularly in relation to the longer term funding of capital works.

The Director of Corporate Services report is re-iterated (in part) as follows:

„The current situation regarding limited availability of cash resources for capital works (unless externally funded), while not considered to be at crisis point, does need to be carefully monitored and the previous practice of planning for the funding of acquisition of community assets in anticipation of receipt of funds (e.g. anticipated sales of land) should be discontinued.

While the situation is not expected to delay any of the current community capital projects planned, a detailed analysis will be undertaken with a longer term projection so that the potential affect on longer term capital works programs can be determined.‟

In accordance with these concerns and information contained in previous reports by the Director of Corporate Services it is recommended that: 1. Provision made in this quarterly review for the sale of the residential property in

Dart Street with the proceeds to be transferred to the Roads Reserve be endorsed;

2. A detailed analysis to be undertaken by staff with a longer term projection of capital works funding for consideration at Council‟s December 2010 Ordinary Meeting.”

Attachments None – the quarterly budget review has been distributed as a separate document. Statutory Environment Local Government Act 1993 Local Government (General) Regulations 2005 The Local Government Code of Accounting Practice and Financial Reporting Policy Implications Not applicable


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Financial Implications The Director of Corporate Services is Council‟s Responsible Accounting Officer and, in accordance with the regulation, reports that:

“While the quarterly budget review presents a slightly more positive view of the current year‟s results (anticipated cash surplus of $21,019, compared with the originally budgeted cash deficit of $6,300), Council is reminded of the comments by the Auditors and the Director of Corporate Services in their respective reports on the Annual Financial Reports for the year ended 30 June 2010, particularly in relation to the longer term funding of capital works.”

Strategic Implications While the current situation is not expected to delay any of the current community capital projects planned, a detailed analysis and long term projection of income sources and the potential effect on future capital works programs can be determined. Officers Comment Nil Consulted With Finance Manager General Manager

File: C15.3



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11.03 General Business – Corporate Services


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12 Director of Engineering Reports

12.01 Reports for Information Recommendation That the Director of Engineering reports for information as presented in Report 10.01.01 to 10.01.02 of the Business Papers be received and noted by Council.

12.01.01 Monthly Update Report – Engineering Department

The following items are presented for Councillors information and are reflective of the period 1 October to 31 October 2010.

1. General Fund

Shooters Hill Road

Earthworks on the next stage of Shooters Hill road are almost complete. Gravelling will then commence. A delay with getting some power poles moved is causing some problems. The final seal has been applied to the previous year‟s sections.

2. RTA Works

Abercrombie Road

Earthworks on the next stage of Abercrombie Road are complete. Ripping of the old seal and gravelling have commenced. Heavy Patching

Heavy Patching is in progress on O‟Connell Road. The Mount

Discussions with the RTA are continuing over the proposed safety upgrade at The Mount. It is intended to widen in some areas, and then construct a concrete median barrier around the sharp curves at the top and bottom of The Mount. An asphalt overlay is also being considered.


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3. Town Improvement Fund

Oberon Street Pavers The damaged pavers at the eastern end of Oberon Street are scheduled to be replaced with asphalt during the first week of November. A coloured and patterned coating will be applied to the asphalt in the next couple of months. The Common The installation of solar power at the Common is in progress.

4. Sewer Fund

Extension of the laboratory at the Sewerage Treatment Works is in progress.

5. Water Fund

Replacement of the water main in a section of Tarana Crescent is in progress.

6. External Meetings

a) Fish River Water Supply Drought Management Review

A report is provided in the Closed Session of the Business Paper as the information discussed at this meeting is commercial in confidence at this point in time. b) RTA Safety Upgrade on the Mount

Funding has been allocated for widening and installation of two sections of concrete separator barriers on the two horseshoe bends on The Mount. Council Engineering staff met RTA Asset and Road Safety staff to discuss issues relating to this project, including pavement strength, surface treatment and barrier type. During the discussion there was mention of the safety audit which has been completed and Council will shortly be formally advised of the review outcomes.

7. Disposal of Plant

Nil

8. Road Safety Pilot Program Grant

A monthly project status report has been provided by the Project Manager, David Riches and is attached for Council‟s information.

101109 - October

monthly report- Slow Down on O'Connell Road.docx


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9. Arborist Report for O’Connell Avenue of Trees

By letter, received 14 October 2010, the RTA has written to advise that Dr Martin‟s report, which was commissioned by the RTA will be posted on the RTA‟s website www.rta.nsw.gov.au shortly for interested stakeholders to view and/or print. The RTA also advise they will organise a staffed display of the project in the first quarter of 2011 to inform the wider community of the planned work to be carried out along the avenue of trees as well as the improvements to the Beaconsfield Road intersection which will occur at the end of 2011.

File: A1.2.1

Author: Leigh Robins Date: 8 November 2010


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12.01.02 Director of Engineering Status Report

Resolution Number – 31191010 - Land and Property Management Authority proposal to close various Crown Roads That:

1. That Council opposes the closure of 40 Campbells River Road, Black Springs.

2. That Council make no objection to the closure of the other six roads listed as follows: a) Acqualoria, 380 Campbells River Road, BLACK SPRINGS NSW 2787

Applicant – G and M Mazzotti and LML Turner

b) Forest Home, 2684 Abercrombie Road, BLACK SPRINGS NSW 2787 Applicant – LJ and DW Grady

c) 104 Golden Valley Road, DUCKMALOI NSW 2787

Applicant – Birketu Pty Ltd

d) 165 Goughs Road, HAZELGROVE NSW 2787 Applicant – WE and KA Sales

e) 692 Nunans Hill Road, HAZELGROVE NSW 2787

Applicant – Apaezu Pty Ltd

f) 476 Nunans Hill Road, HAZELGROVE NSW 2787 Applicant – RW Weber and S Woodhouse

Status Complete. Matter closed

Resolution Number 32191010 - Black Springs and Burraga Tips That the Council confirm its commitment to the current arrangement in relation to hours of operation of the Burraga and Black Springs Transfer Stations. Status Letters sent to stakeholders. Matter closed


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Resolution Number – 33191010 - Black Springs and Burraga Tips That staff be requested to carry out a review of the charges applied for the disposal of commercial waste. Status Report to December Council Meeting

Resolution Number – 34191010 - Proposal to Establish an Alcohol Free Zone That:

1. An advertisement be placed in the Oberon Review advising that Oberon Street from North Street to Duckmaloi Road and in The Common from 10pm to 6.00am will be alcohol free zones, from 1 March 2011 for four years until 28 February 2015.

2. Signs be placed at the outer limits of the zones, at the site of specific trouble spots

(as indicated by the police) and at other suitable intervals within the zones.

3. The zones be reviewed in 2015, or as the need arises. Status Complete. Matter closed.

Resolution Number – 30191010 - Great Western Highway Reconstruction That transport companies utilising this section of the Great Western Highway, Jenolan Caves Reserve Trust and Austin Colliery be encouraged to make representations to the Roads and Traffic Authority to support an intersection upgrade which facilitates the construction of an underpass entry from the Jenolan Caves Road onto the Great Western Highway.

Status Letters sent. Matter closed.

Resolution Number – 25210910 – Water Restrictions That the current Water Restriction level remains at Level 3 until the report regarding Water Allocations from the Oberon Dam is received. Status Awaiting receipt of Oberon Dam allocations review.


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Resolution Number – 24210910 – Road Realignment – Road Closure and First Title Creation, Part Lot 1, Lots 2 – 11 in DP 753036, Hinton‟s Road, Isabella That the Council Seal be affixed to all plans relating to the creation of Lots 2, 5, 7, 9 & 10 in DP 753036 for road purposes and the road closure and transfer of lots 3, 4, 6, 8 & 11 in DP 753036. Status Complete. Matter closed.

Resolution Number – 23210910 – Road Closure and Sale, Proposed Lot 1 in DP 757068, Cnr Queen and Earl Streets, Oberon That the Council Seal be affixed to all plans relating to the road closure and sale of proposed Lot 1 in DP 757068. Status Commenced.

Resolution Number – 22210910 – O‟Connell/Oberon Road – Road Closure and Transfer, Lot 15 in DP 1142567 That the Council Seal be affixed to all plans relating to the road closure and transfer of Lot 15 in DP 1142567. Status Complete. Matter closed.

Resolution Number – 18210910 – Sewell‟s Creek Road That an allocation of $50,000 to construct and seal a section of Sewell‟s Creek Road west of Sewell‟s Creek be referred to the 2011/12 budget considerations. Status For consideration in 2011-12 budget.


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Resolution Number - 51170810 – Land Sale That a notice to complete the contract for purchase of land in accordance with the confidential staff report be served with the nominated settlement date of 31 December 2010. Status No further advice from purchaser‟s solicitors.

Resolution Number – 41170810 – Rural Fire Service That a letter be sent to the Minister and Local Member stating that as the Oberon Office is the Headquarters of the Chifley Zone, why does the Rural Fire Service continue to make appointments of senior staff based in Bathurst, particularly when Council contributes 40% to the running of the zone. Status Letter sent, awaiting response.

Resolution Number – 18170810 – Oberon Street Paving That the replacement of the damaged pavers in Oberon Street proceed using asphalt with a coloured and imprinted surface coat. Status Ongoing – programmed to commence 3/11/10


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Resolution Number – 05030810 – Proposed New Fire Control Centre Bathurst That the Team Manager, Chifley/Lithgow Rural Fire Service be advised that:

1. It is understood that the Oberon Fire Control Centre are the Headquarters for the Chifley Zone and Council would not support duplication of this facility at another location

2. Any allocation towards the construction of a new fire control centre will not be provided by Oberon Council

3. Council requests the RFS to investigate the costs and implications of dissolving the zone.

4. That the RFS be requested to justify why they are not using the headquarters at Oberon which are provided free of charge and paying market rent in Bathurst.

5. That the alternative to building a new Fire Control Centre in Bathurst be the evaluation of costs of expanding existing facilities in Oberon.

Status Additional report to the September 2010 meeting – awaiting response from Superintendent Tom Shirt regarding financial details of the Zone/Team structure. When this information is received, Council will be further advised.

Resolution Number – 27200610 – Road Safety Grant Pilot Program That Council participate in the Road Safety Grant Pilot Program. Status Program commenced. November Update: See Director of Engineering Monthly Update Report.

Resolution Number – 19200610 – Stormwater Harvesting Project That the Common Seal be affixed to the Deed of Agreement between Council and the Commonwealth of Australia for the Stormwater Harvesting project. Status Draft funding agreement prepared.


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Resolution Number – 05200610 – Golf Club Assistance

1. $110,000 be allocated from the Sewerage Fund for the construction of a recycled wastewater system to the Oberon Golf Club.

2. That the General Fund reimburse the Sewerage Fund $11,000 per year until 2021/22.

3. The Oberon Golf Club enter an agreement with Council to accept treated effluent on the basis that Oberon Golf Club are responsible for the energy costs on the scheme.

4. The raw water feed to the Golf Club be disconnected. Status Design commenced.

Resolution Number – 32180510 – Mayfield Bridge and Road Sealing That an invitation be extended to the Premier and the Minister for Tourism via the Member for Bathurst, Gerard Martin, inviting them to visit the Mayfield Garden facility following consultation with the owners of the facility with a view to obtain funding assistance for the Mayfield Road and Bridge. Status Report made to the September 2010 meeting advising Council‟s letters have been acknowledged. The Hon Jodi McKay MP, Minister for Tourism will be happy to meet with Oberon Council in relation to tourism issues in the LGA on any upcoming visit to the electorate. The Minister‟s office will contact Council when such a visit is arranged.

Resolution Number – 16180510 – Sloggetts Road Intersection That an application be made to the Minister for Local Government and the Governor for approval to compulsorily acquire part of Lot 3 DP 1076999 at the intersection of Abercrombie Road and Sloggetts Road. Status Application submitted. Await response.


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Resolution Number – 46200410 – Traffic Education Park That staff be requested to evaluate possible sites for the location of a traffic education park for children and pursue grant funding opportunities with the RTA. Status Letter sent to RTA – awaiting response.

Resolution Number – 12200410 – Biddy Bush

1. Action be taken to continue to pursue having Biddy Bush declared a noxious weed and highlight the position in Cabonne Shire to the Upper Macquarie County Council, and

2. The Upper Macquarie County Council and the Livestock, Health and Pest Authority be requested to carry out an assessment of the economic impact of Biddy Bush in the area.

Status

1. Response received from the Upper Macquarie County Council declining to declare Biddy Bush a noxious weed. Discussed at the September 2010 meeting. The letter suggested an alternative spray is to be used to continue to endeavour to control the spread of Biddy Bush in the Oberon LGA. This has been actioned and new spraying methods are now in place. Matter Closed.

2. The request was made but no response to date. Closed

Resolution Number – 36160310 – Kerbside Recycling That the recommendation be deferred until further investigation into the viability of introducing a kerbside recycling service can be undertaken. Status Ongoing


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Resolution Number – 25171109 – Drought Management That the Minister for Water be requested to intervene and apply the measures for operation of the Oberon Dam in accordance with the confidential staff report. Status Commissioner for Water has commenced review and preliminary advice anticipated on November 3, 2010.

Resolution Number – 07171109 – Road Transfer

1. All costs associated with the conversion and closure be met by the owner of Lot 7, DP 838411.

2. The owner of Lot 7, DP 838411 agree to purchase the closed road at the equivalent market value of adjoining subdivided lots and adjoining owners be offered the same arrangement.

Status

1. Survey complete. 2. Owners agreement received and survey complete. Road closure process now in

progress.

Resolution Number – 09201009 – Classification of Land That the following land be classified as Operational Land: Lot 1 in DP 1126275 Lot 1 in DP 248152 and Lot C in DP 158146 Lot 44 in DP 846942 Status Process commenced.

File: A1.2.1



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12.02.01 Six Foot Track Grids

Executive Summary An application has been received to install four grids on the Six Foot Track. The proposal has been advertised and no submissions have been received.

For Council Decision Recommendation: That the application to install grids on Council roads at the following locations be approved:

a) Six Foot Track, 22m south of intersection with Glen Chee Road

b) Six Foot Track, 337m south of intersection with Glen Chee Road

c) Six Foot Tack, 784m south of intersection with Glen Chee Road

d) Six Foot Track, 1.3km south of intersection with Glen Chee Road

Background An application from Kiangatha Holdings dated 23 August 2010 was received to install grids at four locations on the Six Foot Track (attached). An inspection was carried out, and a copy of Council‟s policy was provided to the applicant. A further letter, dated 6 September 2010 setting out additional details of the grids was received (attached). As required, the application was advertised seeking submissions within 28 days. No submissions were received. Attachments

101103 - Kiangatha

Holdings Proposed Grids on Six Foot Track 23.08.2010.pdf

101103 - Kiangatha

Holdings Proposed Grids on Six Foot Track 06.09.2010.pdf


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Statutory Environment The requirements relating to grids and gates are set out in the Roads Act. Council‟s policy has recently been amended, and complies with those requirements. Policy Implications Council‟s amended policy on grids and gates No. 4104 was adopted on 17 August 2010. The application complies with the policy. Financial Implications There are no financial implications for Council. All costs of construction and maintenance of the grids will be borne by the applicant. Strategic Implications Nil identified. Officers Comment The applicant has modified details of the grids in order to comply with Council‟s policy. Note that they will each be a grid/gate combination. Consulted With Inspection carried out with applicant. Advertisement placed in Oberon Review. Director of Engineering

File: R31 and E34.14

Author: Ian Tucker Date: 3 November 2010


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12.02.02 Classification of Lots - Dudley Street

Executive Summary Council has purchased four lots of land in Dudley Street for the future plans of development. These lots are to be classified as operational land.

For council decision Recommendation That the following Land be classified as Operational Land. Lot 1 DP 1074906 Lot 3 DP 1126275 Lot 9 DP 758805 Lot 10 DP 48069

Background Council has purchased four lots of Land adjoining Dudley Street, near The Common. This land is to be classified under the Local Government Act 1993 as operational land, to enable future plans for development to be undertaken. Attachments

101108 -

Classification Land - Dudley Street Map.jpg

Statutory Environment Council is taking this action under the Local Government Act 1993. Policy Implications There are no relevant council policies. Financial Implications Nil Cost to Council


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Strategic Implications Nil Identified. Officers Comment Although the sale was settled on 26th September 2010, the property valuation was not received until 18th September; therefore council was unable to proceed with classification. Consulted With Leigh Robins – Director of Engineering Denise Toohill – Rates Clerk

File: E34.1, E34.9

Author: Matilda Dwyer Date: 15 October 2010


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12.02.03 Infrastructure Projects

Executive Summary GMAC have requested Councils to compile a list of infrastructure projects for submission to the Federal Government for funding.

For council decision Recommendation That the following projects be submitted at the CENROC Regional Infrastructure Meeting for consideration of inclusion in a regional submission being prepared by CENTROC:

Seal Mayfield Road including construction of a new bridge

Seal the link from Black Springs to CTLX (Carcoar saleyards) through Oberon, Bathurst and Blayney Council areas.

Complete the link between Oberon and Tarana on Hazelgrove Road through Oberon and Lithgow Council areas

Background At a recent GMAC meeting it was resolved that Council Engineers from the region meet to compile a list of regional projects of significance which are suitable for inclusion in a submission seeking Regional Infrastructure Grants. This information will be used to advocate in the new “region friendly” federal framework. That the following projects are recommended to be included in a regional submission being prepared by CENTROC:

Seal Mayfield Road including construction of a new bridge

Seal the link from Black Springs to CTLX (Carcoar saleyards) through Oberon, Bathurst and Blayney Council areas – This would result in the final 5.5 km of Dog Rocks Road being reconstructed and sealed)

Complete the link between Oberon and Tarana on Hazelgrove Road through Oberon and Lithgow Council areas

Attachments Nil Statutory Environment Not applicable


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Policy Implications Not applicable Financial Implications Not included for consideration as undefinable at this time. Strategic Implications The projects nominated are seen as matters of a high priority for Council and therefore of strategic significance. Officers Comment Not applicable Consulted With General Manager

File: A4.2



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12.03 General Business - Engineering


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13 General Manager Reports

13.01 Reports for Information Recommendation That the General Manager reports for information as presented in Report 10.01.01 to 10.01.02 of the Business Papers be received and noted by Council.

13.01.01 Monthly Update Report – General Manager The following items are presented for Councillors information and are reflective of the period October 14 to November 5 2010.

1. Staff Matters a) Executive Management The Executive Management Team (EMT) continues to meet on a weekly basis. This is proving to be a useful forum for me with particular regard to tapping into corporate knowledge held by the Directors. b) General Staff My series of meetings with individual staff are continuing. Through these meetings I am gaining a decent insight into the roles within Council and the personalities that contribute to the overall culture that is Council.

2. Workplace Health and Safety Matters a) General

The Workplace Health and Safety meeting postponed from October 14 will be held in mid November.


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b) Incidents

Employee One

Incident Lower back pain associated with work duties.

Time Lost No time off work.

Remedial Action Discussion with employee on minimising impact, strategies for reduction in pain, provided information on suitable exercises. Researching the availability of a device that may reduce impact on the back. No claim made.

3. Attendance at External Meetings and Conferences In my capacity as General Manager for Oberon Council I have attended the following meetings:

a. Blue Mountains Lithgow and Oberon Regional Tourism (BMLOT) Management Committee Meeting. This is a new committee that will meet four times per year. The main purpose of the Tourism Management Committee is to foster engagement between the BMLOT, the three member Councils and State agencies such as Rail, Roads and Traffic Authority, National Parks and Wildlife Services and Rural Fire Services. This committee is designed to facilitate input into scheduling major works on roads and rail around major festival times, school holidays and local events. The first meeting was held on October 22 2010. The minutes are yet to be received.

b. CENTROC General Managers Meeting (GMAC). The GMAC meeting was held on October 28 in Orange. Presentations were made by Jeff Whitton from KNET, a company offering software solutions to identify cost savings in telecommunications and information technology and Ms Jana Pickles from the Central West regional tourism organisation. A proposal from KNET has been requested with regards the cost and implementation on a trial basis of the software solutions product. As we are not a member of the Central West regional tourism organisation this matter is of no concern to Council. Other matters discussed included the Bells Line of Expressway, training and development and the electricity savings program E21.

c. Councillor Gibbon‟s Induction with the Mayor and the Executive Assistant.


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d. Councillor Gibbon‟s formal introduction to the Executive Management Team.

e. Meeting with representatives from the Friends of Oberon Library, with the

Director of Corporate Services and the Community Liaison officer in attendance. This was to be briefed on the role of the Friends of Oberon Library and in particular to discuss grant applications made by the Friends of Oberon Library that would result in equipment, services or infrastructure becoming the property of Oberon Council.

f. Meeting with representatives from the Highland Steam and Vintage Fair. This included a briefing on the event to date, plans for 2011 and beyond.

g. Internal Audit meeting with Lithgow and Mid-Western Councils with the Mayor and Director of Corporate Services. At this meeting the Internal Auditor Charter and Internal Audit Committee Charter were reviewed, changes made and adopted. Oberon Council, through Mayor Keith Sullivan is chairing the committee for the first 12 months of operation. After which the chairmanship and secretariat role will rotate to Lithgow and Mid-Western on a 12 month basis. The Audit Committee consists of three Councillors with voting rights, being our Mayor and one Councillor each from Lithgow and Mid-Western. The Committee expects to meet on a quarterly basis. It was agreed that the internal audits to be undertaken for the 2010-11 year are as follows:

Development assessment, Section 64 and Section 94 revenue and expenditure.

Procurement, contracts and project management.

Asset Management.

The timeline for the proposed internal audits are late November 2010 for the Development assessment, Section 64 and Section 94 revenue and expenditure, February 2011 for the procurement, contracts and project management and May 2011 for the Asset Management.

h. Alliance meeting with Lithgow and Mid-Western Councils. The three General Managers from the Alliance Councils met to discuss current projects being actioned under the Alliance arrangements. Currently Oberon Council has Alliance projects as follows:

Grants officer with Lithgow Council – due to end in early 2011

Internal Audit Committee with both councils – due to complete in 2013.


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A further meeting is to be scheduled to discuss the ongoing relevance of the Alliance and its application beyond these projects.

i. Telstra Meeting with the Mayor to discuss mobile and broadband coverage.

4. Committee Meetings I have not attended any committee meetings during this time.

5. Events Calender

Calendar November

2010.doc

Calendar December

2010.doc

6. Grants

The following is an update on the status of current grants Purpose Submitted Grant

Name/Lodged With

Expected Approval Date

Status

International Women’s Day to be held on 8 March 2011

No Premier and Cabinet Office for Women‟s Policy

See report to November Council Meeting

Youth Week proposed to be held on 26 February 2011

25 October 2010

NSW Community for Children and Young People

Approved – 6 October 2010

Grant for $1,230.00 approved to be matched $ for $ by Council.

Seniors Week 20 to 27 March 2011

26 October 2010

Human Services Grant

1 December 2010

Awaiting approval

Community Centre Extension

2009 Community Building Partnership Project

Approved Works commenced – first progress report lodged 11.10.10

Community Centre Internal Renovations

November 2009 Community Halls Renewal Fund

March/April 2011

Unsuccessful in first round of funding, application rolls over to next round of funding

Library Extension

24 September 2010

State Library Feb/March 2011

Tennis Centre Enclosure

Dec 2009 29 July 2010 6 August 2010 1 November 2010

RLCIP Round 2 RLCIP Round 3 Community Building Partnership Violia Mulwaree Trust

Approved RLCIP Round 2 Funds Approved Application for extension lodged. Awaiting Approval for remaining grants


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7. Use of Reportable Delegations

None to report

8. Economic Development See the separate closed session report. Meetings EDO attended during October:

Meeting with GM on future direction of the Economic Development Unit

Meeting with CEP Group

Meeting with the Mayor, GM, and IT Manager regarding communications across the district

Meeting with regional Austrade Representative to discuss future assistance for Oberon Businesses

Monthly Corporate Staff Meeting

9. Regional Matters

At the Centroc Board Meeting held on 26 August it was resolved that:

1. An operational membership for Centroc for Councils wishing to be in two or more ROCs be developed that:

a. Is at a 15% discount on full membership

b. Includes voting rights with the exclusion of voting for, or being on the Executive

2. The constitution be amended accordingly.

A report will go to the 25 November CENTROC Board meeting to affect these changes.

10. Other Matters

The Executive Management Team has decided that all Council staff will be invited to a staff Christmas Lunch on the Thursday prior to the Christmas closure period. This will replace the past events of a depot lunch and individual departmental lunches.

File: A1.2.1

Author: Leanne Mash Date: 05 November 2010


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13.01.02 General Manager Status Report

Resolution Number – 44191010 - Tasman Estate That the General Manager be authorised to negotiate with the Agent with regards a counter offer for the purchase of Lot 18 in the Tasman Estate. Status Counter offer presented to the agent for consideration by the client – awaiting an outcome.

Resolution Number – 41191010 - Second Track at Mount Panorama Meeting That Councillor McCarthy attends the Second Track at Mt Panorama, Bathurst meeting to be held in Bathurst on Thursday 21 October 2010 as Council‟s representative. Status Report from Councillor McCarthy to the November meeting.

Council By-election Councillor McMahon raised an issue relating to the Elector Brochure forwarded to all residents in the Oberon Local Government Area. There has been complaints from residents that the Elector Brochure has been received too late to allow residents the opportunity to apply for a postal vote or make suitable arrangements to be able to vote in the election. The General Manager indicated that a formal letter will be forwarded to the Electoral Commission expressing the Council‟s concern and requesting an explanation. Status Phone call made and a letter sent. The Electoral Commission has investigated and responded in writing to Council. The response is attached for Councillor‟s information. Matter closed.

101108 Electoral

Commission NSW - Elector Brochures for By-election.pdf


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Digital Television Councillor McMahon expressed concern regarding the digital television service that Oberon will receive when the analogue service is switched off during the first half of 2012. It was noted that staff will provide further information to Council regarding action taken to date to upgrade the self-help retransmission facility located at Falls Hill. Status No new action, original letter regarding this matter attached for Councillor‟s information. Matter closed.

101108 Minister for

Broadband - Digital TV.pdf

Resolution Number – 40191010 - Absence of Journalist That a letter be forwarded to Rural Press to express disappointment that a replacement journalist was not provided for the Council‟s Ordinary Meeting held on 19 October 2010. Status Letter sent, matter closed.

Resolution Number – 39191010 - Upcoming Meetings

1. That no Councillor attends the LGMA 2010 Year of Women in Local Government -

Lifting the Lid Forum.

2. That the Mayor and General Manager attend the Focus Group – “Modernising Local

Government”.

3. That the Mayor and General Manager attend the CENTROC Board Meeting in

Harden.

Status

1. No action required – matter closed. 2. Bookings made for attendance of the Mayor and General Manager – matter closed. 3. Attendance noted – matter closed.


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Resolution Number - 36191010 That the December 2010 meeting be bought forward to December 14, 2010. Status Advertisement placed in Oberon Review advising of the change of date for the meeting. Matter closed.

Resolution Number - 02191010 That the Minutes of the Ordinary Meeting held on 21 September 2010 be amended to reflect the change that Fran Charge is Council‟s Delegate to Arts OutWest. Status Letter sent to Arts OutWest and Fran Charge of Oberon Arts Council. Matter closed.

Resolution Number – 46210910 – Legal Advice from Marsden‟s Law Group – Proposed Class 4 Proceedings That the General Manager be requested to deal with the matter and report back to Council. Status No additional progress to date.

Resolution Number – 40210910 – Upper Macquarie County Council That the General Manager be requested to contact Forests NSW with a view to discussing options for the control of Biddy Bush in the Local Government Area. Status Mayor raised the matter in a phone call with Forest NSW. Await response. November Update: Forests NSW have agreed to meet with Councillors Francis and McMahon. The Executive Assistant is to confirm a date for this meeting to occur.


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Resolution Number – 16210910 – Delegates to External Committees That:

e) Councillor Handelsmann be appointed as Council‟s delegate to Arts OutWest.

f) Councillor Handelsmann be appointed as the alternate delegate to the Oberon Plateau Tourism Association.

g) Councillor Handelsmann withdraws as the delegate for the Lachlan Regional Transport Committee Incorporated

h) Delegates to remaining committees and external organisations be deferred until the November Ordinary Meeting following the by-election.

Status

a) Letter advising of appointment written – matter closed. b) Letter advising of appointment written – matter closed. c) Letter advising of appointment written – matter closed. d) Action required for the November 2010 meeting.

Resolution Number – 18200610 – Motor Vehicle Policy That the information be received and noted and referred to the new General Manager for review and comment. Status Review planned. November Update: expect a revised policy to the February 2011 meeting

Resolution Number – 59151209 – Lease to MJBA Pty Limited – Jenolan Caravan Park A new rental agreement be entered into with MJBA Pty Limited, commencing on 16 December 2009 in accordance with the document provided by the Minister for Lands and the term of the period be 20 years with no options to renew.

a) The assessed annual rental increase be phased in over the next two years to $19,635.00 with CPI increases being made in accordance with the current standard formula.

b) Authority be given to execute the lease document under the Common Seal of the Council.

c) The General Manager be requested to ascertain the differential costs between $10 million and $20 million Public Liability Cover with a view of having a $20 million policy established.

Status Agreement reached – awaiting Department of Lands authority on behalf of Minister. Updates will appear in the Status Report from the Director of Corporate Services.


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Resolution Number – 17201009 – Living Treasures That staff be requested to investigate the cost and funding of the next round of Living Treasures and that the Oberon Arts Council and Rotary be consulted with regard to the project. Status Letters sent – awaiting response. November Update: No written response from either group. Discussions with the Oberon Arts Council indicate that they have been unsuccessful in contacting the artist. The Rotary Club has given a verbal indication that they are not in a position to assist at this point in time. Council officers will pursue further information regarding the availability of the artist and associated costs. Further updates will appear in the Status Report from the Director of Corporate Services.

Resolution Number – 35161208 – Oberon – Hazelgrove Walking Track That upon securing a lease over the walking track corridor between Oberon and Hazelgrove Stations, a sublease to provide access to Lot 3 DP 1080555 be granted. Status Awaiting lease document approval. Alternative access off walking track now approved for construction. November Update: Lease for the walking track is awaiting a risk assessment concerning the interface between the proposed operational track and walk/cycle track


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Resolution Number – 07120808 – Proposed Lease of Oberon Railway Station Precinct That:

a) The Australian Railtrack Corp be requested to transfer the existing lease of the Oberon Railway Station from the Oberon District Museum Society to Council.

b) Once the lease has been transferred a new S355 Committee be formed.

c) The Museum Society, OTHR & representatives of the Walking/Riding groups be advised of Council‟s decision.

Status Museum lease has been signed. Lease for License for Walking Track is awaiting a risk assessment concerning the interface between the proposed operational track and walk/cycle track.

File: A1.2.1

Author: Leanne Mash Date: November 5 2010


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13.02.01 January Ordinary Council Meeting

Executive Summary In October 2009 Council took a decision to not hold an Ordinary Council Meeting during January 2010. Council is requested to consider not holding an Ordinary Council Meeting during January 2011 in an effort to assist with reducing staff leave levels.

For Council Decision Recommendation: That the Ordinary Council Meeting scheduled to be held in January 2011 not be held.

Background Section 365 of the Local Government Act states that the Council is required to meet at least 10 times each year, each time in a different month. Council took a decision to not hold a meeting during January 2010 in an effort to assist with reducing staff leave levels. Traditionally there is very little business that requires Council‟s consideration during the Christmas New Year period, particularly with builders not working during this period. Council received no negative feedback regarding the decision to defer the January 2010 Ordinary Meeting. Attachments Nil Statutory Environment Section 365 of the Local Government Act, 1993 Policy Implications Not Applicable


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Financial Implications Reduction in Council‟s leave liability Strategic Implications Not applicable Officers Comment Nil Consulted With General Manager

File No: A1.2.1

Author: Sharon Swannell Date: 9 November 2010


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13.02.02 Upcoming Meetings

Executive Summary A summary of meeting and conference opportunities for the coming months is provided. These include:

GIPA Legislation and Impact on Councillors Information Session - Friday 26 November 2010 at Orange

Councillor Information Seminars – Series II - Tuesday 7 December 2010 at Bathurst.

Blue Mountains, Lithgow and Oberon Tourism Annual General Meeting and Dinner - Monday 29 November 2010 at Katoomba

Regional City Development Conference - December 7 and 8 2010 in Albury.

For Council decision Recommendation

1. That the Mayor, General Manager and interested Councillors nominate to attend the GIPA Legislation and Impact on Councillors Information Session

2. That the General Manager and Councillors attend the Division of Local Government Councillor Information Seminars – Series II

3. That the General Manager and Mayor attend the Blue Mountains, Lithgow and Oberon Tourism Annual General Meeting and Dinner

4. That no Councillor or officer attend the Regional City Development Conference

Background

1. GIPA Legislation and Impact on Councillors and Staff Information Sessions To be held at on Friday 26 November 2010 at Orange the Information Sessions will be conducted by Deidre O‟Donnell from the Office of Information Commission. Two sessions will be held, the first is intended to provide information to Councillors regarding their responsibilities and risks associated with the GIPA Legislation. The Councillor session will run from 9.00am for approximately 1.5 hours. General Managers are also invited to attend the Councillor Session. The staff session is aimed at making all departments of Council aware of their responsibilities and obligations under the legislation. The staff session will commence at 11.00 am for approximately 2 hours.


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The cost to attend the training course is $25 for Councillors and $45 for staff which covers materials, morning tea and lunches. Travel costs would also be incurred to attend this course. Please note this is also the Oberon Local Government Golf Day.

2. Division of Local Government Councillor Information Seminars – Series II To be held on Tuesday 7 December 2010, from 1.30pm to 5.00pm at the Bathurst Regional Council Chambers. The purpose of the seminar is to explore some key areas of governance which will assist Councillors in performing their duties during the second half of their term. There is no charge to attending the training. Travel costs would be incurred to attend this course.

3. Blue Mountains, Lithgow and Oberon Tourism

The Annual General Meeting followed by Dinner on Monday 29 November 2010, commencing at 5.30pm in Katoomba. The Mayor and General Manager have been invited to attend at no cost. . Travel costs would be incurred to attend this course.

4. Regional City Development Conference To be held on 7th and 8th December 2010, at the Chifley Hotel in Albury.

The conference will focus on how future regional and economic development policy can best be formulated and implemented. Please see the attachment for further detail. Cost of registration for the two day conference is $1,495 plus GST. In addition travel and accommodation expenses would be incurred to attend the conference.

Attachments

101109 - Regional

City Development Conference.pdf

Statutory Environment Not applicable Policy Implications Nil


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Financial Implications There is an allocation in the 2010-11 budget for meeting attendance. Strategic Implications Not applicable Officers Comment

With Regional City Development Conference there is seen to be a focus on the development needs of larger centres, such as Bendigo sized cities. While I am sure there are learnings and insights to be gained from this kind of forum I do not see this instance as a worthwhile investment of Council resources. Consulted With

File: A1.2.1

Author: Leanne Mash Date: 12 October 2010


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13.02.03 Oberon Council Local Government Golf Day

Executive Summary The Oberon Council Local Government Golf Day has been held annually since 2006 and is scheduled to be held this year on Friday 26th November 2010 at the Oberon Golf Course. Funding is fully sourced from external sponsorship.

For Council Information Recommendation: That Council receive the report on the Oberon Council Local Government Golf Day for information.

Background The Oberon Council Local Government Golf Day has been held annually since 2006. The inaugural event was held as part of the 100 years of Local Government Celebrations held in Oberon during 2006 and was such a success that it has continued to be held every year since. The day provides an opportunity for sponsors to mix with Councils from throughout the Central West. Invitations have been sent to the Mayor‟s, General Managers, Directors of Engineering, Directors of Corporate Services and Directors of Development of the surrounding local Councils. The event attracts a number of sponsors and runs on a cost recovery basis. The sponsorship money is used to provide prizes for the event and covers the entry fee for the sponsors, their invited guests (capped to a maximum per sponsor) and any attending Mayor who is a guest of the Oberon Mayor. An entry fee of $50.00 is charged for every player registering to play on the day and this covers green fees, food and drinks for the event. Historically sponsors have also provided a donation to a local charity as determined by the sponsor as part of their sponsorship of the event. The Oberon Golf Club have agreed to provide Responsible Service of Alcohol (RSA) trained staff to work at the golf course on the day and the cost of providing this service will also be met from the sponsorship money collected. A number of Council Officers and contractors also volunteer their time to work at the event on the day, staffing BBQ‟s, taking the names of players when they arrive and helping to distribute the prizes at the end of the day. A courtesy bus service has also been engaged for the day and again this is covered by the sponsorship funds. Prizes for the day are sought from various local businesses and every effort is made to share this across businesses throughout the Oberon Local Government Area.


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The event is a 12 hole Ambrose and commences at 9.00am for a 10.00am shot gun start. The event is capped at 180 players. Members of the local community are invited to play if there are spare spaces after the sponsors and local government players have been accommodated. Attachments

Form Letter -

Invitation to Mayors to Attend.docx

Form Letter - Council

Registration invite letter.docx

Golf Day Information

Flyer 2010.docx

Statutory Environment Not applicable Policy Implications Nil Financial Implications The Oberon Council Local Government Golf Day is fully funded through the sponsorship collected from contributing businesses and the fees collected from registered players. There is no additional cost to Council outside of approximately four hours of staff time spent to facilitate the event. This time is covered in the usual working hours of the Executive Assistant. Strategic Implications Nil Officers Comment Nil Consulted With Director of Engineering Director of Corporate Services Executive Assistant Works Overseer

File No: P72.1.1

Author: Leanne Mash Date: 9 November 2010


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13.03 General Business – General Manager


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14 Closed Session Reports

14.01.01 Australian Native Landscapes – Stockpiling of Sawdust in Industrial Area

14.01.02 Citizen of the Year Awards

14.01.03 Fish River Water Supply Drought Management Review

14.01.04 Stormwater Harvesting Project

14.01.05 Economic Development Officer

14.01.06 Potential Public Liability Claims Register

14.01.07 Investments – Legal Action Update

15 New Business of an Urgent Nature Admitted by Council

Recommendation: That Council consider the following matters as they are considered to be of an urgent nature requiring immediate consideration by Council:

16 Closure of Meeting

The next Ordinary Meeting of Oberon Council will be held on 14 December 2010, commencing at 5.30pm in the Oberon Council Chambers, 137 – 139 Oberon Street, Oberon.

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