17 november 2014 - public versionarchive.lithgow.nsw.gov.au/agendas/14/1117/171114_agenda.pdf ·...

A CENTRE OF REGIONAL EXCELLENCE

AGENDA

ORDINARY MEETING OF COUNCIL

TO BE HELD AT

THE ADMINISTRATION CENTRE, LITHGOW

ON

17 NOVEMBER 2014

AT 7.00pm

AGENDA

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

PRESENT

CONFIRMATION OF THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON 27 OCTOBER 2014

CONFIRMATION OF THE MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON 6 NOVEMBR 2014

DECLARATION OF INTEREST

PUBLIC FORUM

PRESENTATIONS - NIL

MAYORAL MINUTES - NIL

STAFF REPORTS General Managers Reports Environment and Development Reports Operation Reports Corporate and Community Reports

COUNCIL COMMITTEE MINUTES Meadow Flat Hall Management Committee Minutes - 7 October 2014 Sports Advisory Committee Meeting Minutes - 28 October 2014

DELEGATES REPORTS - NIL

NOTICES OF MOTION Proposed renaming of Landa Street, Bowenfels, Lithgow - Councillor M Ticehurst

QUESTIONS WITH NOTICE - NIL

NOTICE OF RECISSIONS - NIL

BUSINESS OF GREAT URGENCY as identified by Clause 241 of the Local Government (General) Regulations 2005 CLOSED REPORT Purchase of additional land for the Portland Sewerage Treatment Plant

TABLE OF CONTENTS ITEM TITLE PAGE

GENERAL MANAGERS REPORTS 1

ITEM-1 GM - 17/11/14 - REVIEW OF POLICY 9.5 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

1

ITEM-2 GM - 17/11/14 - EMPLOYMENT IN THE LITHGOW LOCAL GOVERNMENT AREA

3

ITEM-3 GM - 17/11/14 - LOCAL GOVERNMENT REFORM - FIT FOR THE FUTURE

5

ENVIRONMENT AND DEVELOPMENT REPORTS 7

ITEM-4 ENVIRO - 17/11/14 - DEVELOPMENT APPLICATION DA167/14 STORAGE SHED BATHURST STREET RYDAL

7

ITEM-5 ENVIRO - 17/11/14 - UNSUPERVISED WANDERING CATTLE - JERRY'S MEADOW ROAD SODWALLS

10

ITEM-6 ENVIRO - 17/11/14 - DA236/14 - PROPOSED SHADE STRUCTURE AT LITHGOW HOCKEY FIELDS LOT 45 DP 171939 - 33 ALBERT STREET LITHGOW

13

OPERATION REPORTS 15

ITEM-7 OPER - 17/11/14 - WATER REPORT 15

CORPORATE AND COMMUNITY REPORTS 18

ITEM-8 CORP - 17/11/14 - COUNCIL INVESTMENTS HELD TO 31 OCTOBER 2014

18

ITEM-9 CORP - 17/11/14 - CODE OF CONDUCT COMPLAINTS RECEIVED 1ST JULY 2013 TO 30 JUNE 2014

21

ITEM-10 CORP - 17/11/14 - QUARTERLY PERFORMANCE REPORT ON 2014 2015 OPERATIONAL PLAN FOR THE PERIOD 1 JULY TO 30 SEPTEMBER 2014

23

ITEM-11 CORP - 17/11/14 - 2013/14 ANNUAL REPORT 27

COUNCIL COMMITTEE MINUTES 29

ITEM-12 ENVIRO - 17/11/14 - MEADOW FLAT HALL MANAGEMENT COMMITTEE MINUTES - 7 OCTOBER 2014

29

ITEM-13 OPER - 17/11/14 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 28 OCTOBER 2014

30

NOTICES OF MOTION 31

ITEM-14 NOTICE OF MOTION - 17/11/14 - PROPOSED RENAMING OF LANDA STREET, BOWENFELS, LITHGOW - COUNCILLOR M TICEHURST

31

BUSINESS OF GREAT URGENCY 32

CLOSED COUNCIL 33

ITEM-15 CONFIDENTIAL - CLOSED COUNCIL - OPER - 17/11/14 - PURCHASE OF ADDITIONAL LAND FOR THE PORTLAND SEWERAGE TREATMENT PLANT

33

AGENDA - ORDINARY MEETING OF COUNCIL HELD ON 17 NOVEMBER 2014 1

GENERAL MANAGERS REPORTS

ITEM-1 GM - 17/11/14 - REVIEW OF POLICY 9.5 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

REPORT BY: R BAILEY - GENERAL MANAGER

REFERENCE

Min No 12-447: Ordinary Meeting of Council held on 26 November 2012 Min No 13-340: Ordinary Meeting of Council held on 30 September 2013 Min No 14-385: Ordinary Meeting of Council held on 29 September 2014

SUMMARY

This report is to present Policy 9.5 for the ‘Payment of Expenses and Provision of Facilities to Councillors Version 6, for re-adoption.

COMMENTARY

Policy 9.5 for the ‘Payment of expenses and Provision of Facilities to Councillors’ was reviewed and submitted to the Council on Monday 29 September 2014. Subsequently the document was advertised from Thursday 2 October 2014 until 31st October 2014 for public comment. No comments were received. Through their role councillors are entitled to be provided with the necessary resources and facilities including the reimbursement of expenses in order to enable them to fully perform the role of a Councillor. Council's services, as detailed in this Policy, are available to councillors while carrying out the functions of civic office. These services, unless specified, are not available for use by a spouse, partner or members of a Councillor's family. Where possible councillors are encouraged to pool or share facilities where possible in order to make the best use of Council’s resources. Councillors are also encouraged to limit their use of the expenses and resources provided for in this Policy to the minimum required whilst still allowing them to effectively and efficiently discharge the functions of their civic office. Expense limits apply to several categories of expenditure. If an expense limit applies it will be shown against that item. Councillors who exceed an annual limit will be required to reimburse Council. Please note that all expense limits are exclusive of GST. Facilities supplied to Councillors are not to be converted or modified in any way and may only be used for carrying out the functions of civic office. This Policy is to be read in conjunction with the Council's Code of Conduct.


The Policy deals with:

Part 1 – PAYMENT OF EXPENSES

Responsibility and Accountability Travel (Inside and outside of the Lithgow City Council LGA and overseas travel) Official Engagements and Functions Annual Councillor Professional Development Discretionary Vote Expenses Associated with Councillors Attending, at their Discretion,

Conferences, (including the Annual Local Government Association or Shires Conferences) Seminars, Councillor Professional Development and Training Programs, Elected Member Courses and Local Government and Shires Associations Industry Working Groups.

Legal and insurance expenses and obligations Part 2. FACILITIES

Stationery Postage Communications Secretarial Services Training Resource Centre and Office Accommodation Additional Expenses and Facilities for the Mayor Expenses and Facilities for Councillors with Disabilities Carer Expenses

POLICY IMPLICATIONS As outlined in the report.

FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Policy 9.5, Version 6, for the ‘Payment of Expenses and Provision of Facilities to Councillors’

RECOMMENDATION

THAT Council: 1. Re-Adopt Policy 9.5 for the ‘Payment of Expenses and Provision of Facilities

to Councillors,’ Version 6; 2. Advise the Division of Local Government that the Policy has been publically

advertised and adopted.


ITEM-2 GM - 17/11/14 - EMPLOYMENT IN THE LITHGOW LOCAL GOVERNMENT AREA


SUMMARY

This report is to provide an update from the Extra Ordinary Council meeting in relation to the current employment issue within the Lithgow Local Government Area.

COMMENTARY

An Extra Ordinary Council meeting was held on Thursday 6 November 2014 in relation to concerns about employment and unemployment following the announcement that the Angus Place Colliery is going into care and maintenance with up to 150 staff to be displaced. It was resolved at that meeting that:

1. Council immediately forms a local taskforce to promote coal mining in our region. That Taskforce should include representatives from Centennial, the Mining Unions, the NSW Mineral’s Council and Lithgow City Council

2. The taskforce, as part of its role, lobbies State and Federal Governments around issues confronting coal mining in the region including but not limited to, local coal supplies to Mt Piper and planning and environment concerns restricting mining.

3. Council immediately seek State Member Paul Toole’s support for a delegation to the NSW Mining Minister regarding the future of the Baal Bone coal leases as a matter of urgency

4. Council to immediately meet with Centennial for a briefing from them regarding the approvals required for their Western Operations which include but are not limited to:

Springvale – Extensions EIS – required before June2015 Angus Place – Extension EIS – aiming for June 2015 Airly – Extension EIS – required prior to October 2015

All require State and Federal approval.

5. Council establish a Facebook page to seek feedback from the Community on the employment issue.

6. Council hold an urgent taskforce meeting with key stakeholders in the community including business owners, councillors and local members and Steve Galilee from the NSW Mineral’s Council to identify prospects.

The Council representatives appointed to the taskforces were the Mayor, Deputy Mayor and Councillor McAndrew.


Since the meeting letters have been written to the identified members of the two taskforces requesting their involvement. These include letters to:

Centennial Coal CFMEU NSW Minerals Council The Hon. Paul Toole MP The Hon. John Cobb MP

As at the time of writing this report Centennial Coal has confirmed its involvement and has appointed a representative. Other actions that have been completed include:

A letter has been written to the Hon. Anthony Roberts, Minister for Resources and Energy, in relation to the situation at the Baal Bone Mine.

A briefing has also been arranged with Centennial Coal in relation to its Western Operations

The Facebook site has been set up titled Lithgow – Our Place Our Future has been created

A Mayoral Message has been distributed and also placed onto the Facebook site The meetings of the two taskforces are to be arranged. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council note the action taken so far in relation to the actions taken from the Extra Ordinary Council meeting on Employment in the Lithgow LGA.


ITEM-3 GM - 17/11/14 - LOCAL GOVERNMENT REFORM - FIT FOR THE FUTURE


SUMMARY

On 10 September 2014, the NSW Government announced the “Fit for the Future” package relating to local government in NSW. More recently the Government released its self-assessment tool, templates and guidance for the program.

COMMENTARY

Council will be aware that on 10 September 2014 the State provided a response to the Independent Local Government Review Panel and Local Government Acts Taskforce reports. With the release of the templates and guidance for the Fit for the Future Program Council will now need to start planning for the obligations imposed on Council arising from this announcement, including a requirement to prepare a proposal consistent with the Fit for the Future criteria. The package announced by the Government is a $1 billion program aimed at making local government in NSW stronger and financially sustainable in the long term, and to help deliver jobs and infrastructure such as better roads, footpaths and sporting fields. The Fit for the Future package includes:

1. $258 million to assist councils who decide to merge and make the changes needed to provide better services to communities;

2. Cheaper finance for councils to build and maintain necessary community facilities, saving them up to $600 million;

3. Up to $100 million savings through reduced red tape and duplication; 4. Improvements to the local government system, including the laws that

govern it, the way the State works with councils and the support that councils receive.

The Fit for the Future package is based on the Independent Local Government Review Panel’s recommendations following three years of research and consultation. Since the release of the package a series of roundtable meetings have been held with local councils throughout NSW to discuss the Fit for the Future package and to answer any concerns or questions that arise The NSW Government is now asking that all councils undertake a self-assessment against the criteria. Council will also recall that it has resolved to advise both Centroc and the Office of Local Government of its concurrence to be part of a Pilot Joint Organisation of Councils (a Pilot) as mooted in the “Fit for the Future Joint Organisations a Roadmap for


Intergovernmental Collaboration in NSW”. It is expected that the announcement in relation to the pilot Joint Organisations of Councils will be made shortly. Local government makes a very important contribution to local communities. It is also important that the industry is strengthened and enhanced so that it continues to be an effective provider of local services and adequately represents the interests of the community. Council will need to start preparing its Fit for the Future proposal. This preparation needs to include community consultation both prior to Council drafting its proposal, as well as the public exhibition of its proposal once it has been drafted. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Office of Local Government Circular 14-23 - Release of Fit for the Future Self-Assessment Tool, Templates and Guidance material

At this stage, all of the details can be found at the Fit for the Future website: http://www.fitforthefuture.nsw.gov.au

RECOMMENDATION

THAT Council: 1. Note the report in relation to the Fit for the Future program 2. Prepare a proposal on how it plans to be “Fit for the Future” in accordance

with the nominated criteria and submit the proposal by 30 June 2015 3. Reaffirms its position of ‘No Forced Amalgamations’ 4. Authorise the Mayor, Deputy Mayor and General Manager to hold discussions

with neighbouring councils on their respective position with possible mergers 5. As part of the preparation of its “Fit for the Future” proposal conduct two

rounds of community consultation including: i. Firstly, to seek the views of the local community on the proposed content

of Council’s proposal; ii. Secondly, to ask the local community to comment on the draft proposal

once it has been prepared.


ENVIRONMENT AND DEVELOPMENT REPORTS

ITEM-4 ENVIRO - 17/11/14 - DEVELOPMENT APPLICATION DA167/14 STORAGE SHED BATHURST STREET RYDAL

REPORT BY: A MUIR – GROUP MANAGER ENVIRONMENT AND DEVELOPMENT

REFERENCE

Min No 14-362: Ordinary meeting of Council held on 8 September 2014.

SUMMARY

To assess and recommend determination of DA167/14. Recommendation will be for approval subject to conditions/refusal.

COMMENTARY

Council is in receipt of Development Application DA167/14 for a Storage Shed for the storage of personal belongings on land known as Lot 7 Sec 14 DP 758890, Bathurst Street Rydal NSW 2790. The land is currently vacant on the corner of Bathurst Street and Quarry Street Rydal with grassy vegetation and some trees. The plans accompanying the application indicate the proposal to be for a ‘Colorbond’ shed measuring 9.2 metres by 12.2 metres. In addition, an awning is proposed to the western (front) elevation and northern elevation. The northern elevation contains the only means of access to the proposed shed via a 3.4m wide roller door. The height is proposed to be 4.2m to the eaves and 5.01m to the ridge. A 12,000 litre water tank is also proposed at the rear. Cut and fill, landscaping and access also form part of the proposal. The current 2(v) zone allows a wide range of land uses as permissible including commercial and industrial uses. The proposed shed proposal is not inconsistent with the 2(v) zone objectives. Sheds are usually an ancillary development to dwellings and are common throughout the Local Government Area. There are occasions however when application is made for sheds to be stand-alone such as in this application. There are no further controls within the LEP governing the control of shed developments and therefore a merits assessment needs to be the determinative assessment. The Draft Lithgow City Local Environmental Plan applies to the land, which proposes to change the zoning to RU5 Village. In accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act, Council is required to consider any draft environmental planning instrument that is or has been placed on public exhibition.


The draft LEP incorporates this site into a heritage conservation area. However, as the subject site is at the periphery of the draft precinct and is 150 metres from the main part of the town with only one neighbouring dwelling located to the rear of the site, the heritage significance of the site is not profound. Considerations for the proposal would include the choice of colours, materials, height and scale. The proposal is acceptable in its current form subject to some amendment that has been primarily achieved through discussions with the applicant following initial assessment and consideration of submissions received during the exhibition process. This has resulted in the applicant providing an amended set of drawings that include:

Increasing the front setback from 4 metres to 8 metres (that is to the wall but exclusive of the 1.5 metre wide awning).

Clarifying that the cut and fill is to be not more than 1 metre. Selecting a dark colour. The chosen colour is Colorbond ‘woodland grey’. The proposed landscaping remains unchanged as ‘lomandra longifolia or similar’.

These amendments assist to reduce the impact of the proposal and could be further improved upon by balancing the cut and fill to be approximately a half metre cut in order to reduce the height of the building. The nominated landscaping is not going to provide any substantial screening of the proposal and is a species that needs to be substituted with an evergreen at a more mature height. As a result of exhibition, six (6) submissions were received objecting to the proposal and are summarised as follows:

The increase in traffic flow due to the development would increase the risk of an accident and disturb the tranquillity of the village.

The land is within a draft heritage conservation area as described under the Draft Local Environmental Plan 2013.

The village of Rydal retains a heritage theme which has been encouraged by residents and Lithgow City Council in the past. The theme attracts tourists and local income is earned through accommodation and tourist activities. The village of Rydal has been working together for many years to create an attractive and beautiful Heritage Village. Rydal hosts the annual festival, “Daffodils” which attracts thousands of tourists and raises money for a number of local charities. This development will disrupt the beauty of this event causing a decrease in visitors.

The proposal is not in keeping with the urban/ rural atmosphere of the village. Such a use/ facility should only be placed in industrial zones. There are many areas within the Lithgow Local Government Area whereby such development would be more appropriate. It is out of character with the aesthetics of the area and has poor use of building materials i.e. ’Colorbond’ within the village precinct.

The development is to be located within the main gateway to the village. Proposed development is to be located on a hill, visible from many surrounding properties.


No details of final colours or landscaping.

The development will not result in the creation of employment opportunities and will not inject money into the village.

The shed seems excessive for the storage needs of one family.

The proposal is obviously still commercial in nature (in respect to DA112/14 for a storage facility on the same land by the same owners, which has been withdrawn).

All these issues have been addressed within the 79C Report (Attached) and were found to be satisfactory for the development to proceed. POLICY IMPLICATIONS Council’s Policy 7.7 – Calling in of Development Applications by Councillors states that Development Applications that are called in by a Councillor must be referred to the elected Council for consideration and determination and that no aspect of the development is dealt with under delegated authority. As reported to the Council on 8 September 2014, the application was called in.

14-362 RESOLVED THAT: 1. The calling in of Development Application No 167/14 be noted.

FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS The application must be assessed in accordance with the heads of consideration of Section 79C of the Environmental Planning & Assessment Act 1979. A full assessment under Section 79C is attached.

ATTACHMENTS

1. Complete 79C Planning Report under separate cover. 2. Plans

RECOMMENDATION

THAT: 1. Development Application 167/14 be APPROVED, subject to the conditions

outlined in the attached 79C report. 2. A DIVISION be called in accordance with the requirements of Section 375A(3)

of the Local Government Act, 1993.


ITEM-5 ENVIRO - 17/11/14 - UNSUPERVISED WANDERING CATTLE - JERRY'S MEADOW ROAD SODWALLS


REFERENCE

Min No 14-406: Ordinary Meeting of Council held on 27 October 2014

SUMMARY

To advise Council on issues relating to complaints in respect to cattle on Jerry’s Meadow Road and complaints for the Jerry’s Meadow Road area generally.

COMMENTARY

At its Ordinary meeting of 27 October 2014 Council resolved as follows in relation to unsupervised wandering cattle on Jerry’s Meadow Road Sodwalls.

14-406 RESOLVED

THAT: 1. The General Manager and/or Senior Council Officers provide a report to the

next Ordinary Meeting of the Lithgow City Council on the current legal status surrounding the numerous and regular complaints previously received by the Council regarding unsupervised wandering cattle along Jerry’s Meadows Road at Sodwalls, including what previous impounding and legal actions the Council has already taken to resolve the issue over the last 18 months.

2. The report should state ALL complaints raised with regards to Jerry’s Meadows Road at Sodwalls and identify where the complaints are coming from.

3. The report should also include all accidents that have occurred on Jerry’s Meadows Road.

The two tables below outline the complaints received through Council’s customer action request system and written correspondence in the last 18 months. The first table specifically relates to complaints about cattle on the public road whilst the second table covers other complaints. Cattle on Road Complaints

Date of Complaint

Details Action Taken

24 June 2013 Complaint about failure of Council to remove livestock

Notice of intention to serve order regarding fencing. Improvements/repairs made to fencing. Order not issued.

12 July 2013 Cattle on road generally

Notice of intention to serve order regarding fencing. Improvements/repairs made to fencing. Order not issued.


31 July 2013 Wandering Cattle on Road

Relief Ranger attended and assisted in putting stock back on property

3 October 2013 Cattle on road Ranger attended. Cattle were being moved from yard to yard & were not unattended.

27 February 2014 40 Cattle on road Livestock Health and Pest Authority contacted who advised approval had been given to move stock

1 May 2014 6 or more cattle on road

Attended by both Rangers. 4 weaners on road. Official Caution given to person under control for stock.

18 June 2014 Cc’d email about cattle and fencing generally

Response provided that patrols are continuing

31 July 2014 Cow on road Complainant indicated the person behind him would have put cow away. No further action.

22 August 2014 Cattle on road Patrol by Ranger. No cattle on road. 24 August 2014 General complaints

about cattle Patrol by Ranger. No cattle on road.

2 October 2014 Cattle on road Attended by Ranger. Cattle were on road. Penalty Infringement Notice issued to person believed to be in control of the stock

29 October 2014 Bull at front of property

Patrol carried out. Small Angus Bull went into nearby paddock. Tag number taken but unable to identify owner.

29 October 2014 Bull on road Patrol carried out. Small Angus Bull went into nearby paddock. Tag number taken but unable to identify owner.

Other Complaints – Jerry’s Meadow Road

Details Action taken 2 October 2013 Rubbish on side of

road Rubbish removed

2 October 2013 Trees on verge of road

Trees removed

22 February 2014 Dead cow on adjoining property

RSPCA attended property

25 February 2014 Dead cow on adjoining property

Complainant advised no further action Council could take

5 June 2014 Grading of road required

Grading arranged

21 July 2014 Complainant ‘intimidated’ by bulls either side of his property

Rangers patrolled. No cattle on road. Complainant advised no action can be taken

20 October 2014 Trees overhanging road

Owner arranging cherry picker to remove branches


Of the 20 complaints received, 16 were from one complainant; 2 from another complainant and 2 from other individuals. Of the 13 complaints specifically relating to cattle on the road, 11 were from one complainant. Council Rangers have also randomly patrolled the area on 18 June 2014, 23 August 2014, 25 August 2014, 10 September 2014 and 12 September 2014. No cattle were sighted on the road on these occasions. In addition to the above, other actions that have been taken include a Notice of Intention to Serve and Order regarding fencing. This process was assisted by Livestock Health and Pest Authority and included a number of inspections. The order was not served as the improvements and repairs were made to fencing. Enquiries made with Roads and Maritime Services have indicated that no traffic accidents have been reported on Jerry’s Meadow Road in the last 18 Months. Finally, it is intended to continue random patrols as well as responding to complaints providing they relate to cattle on the road. If Rangers encounter cattle on the road and both the stock and person believed to be responsible for the cattle are identified, then regulatory action will be taken. POLICY IMPLICATIONS Council’s Enforcement Policy is applicable. FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Under the provisions of the Impounding Act “a person who causes or permits an animal to be unattended in a public place is guilty of an offence unless the person establishes that the person took all reasonable precautions to prevent the animal from being unattended.” The difficulty that can arise is conclusively identifying the person who causes or permits an animal to be unattended and proving that the animal is one under that persons control. However, one official caution and one Penalty Infringement Notice have been issued under these provisions. A Notice of Intention to serve an order was served in this matter in accordance with the provisions of the Local Government Act. Note: Council does not maintain stockyards or a pound for animals such as cattle or horses.

RECOMMENDATION

THAT the information contained in the report on complaints relating to Jerry’s Meadow Road be noted.


ITEM-6 ENVIRO - 17/11/14 - DA236/14 - PROPOSED SHADE STRUCTURE AT LITHGOW HOCKEY FIELDS LOT 45 DP 171939 - 33 ALBERT STREET LITHGOW


SUMMARY

To assess and recommend determination of Development Application DA236/14. Recommendation will be for approval subject to conditions.

COMMENTARY

Council, on behalf of Lithgow Hockey Association, has submitted a Development Application for the erection of a shade structure on land known as Lot 45 DP 171939, 33 Albert Street Lithgow NSW 2790. The proposed development proposes to erect an 8 metre x 7 metre carport style shade structure adjoining an existing shed adjacent to the existing club house located on the premises. The facility will provide additional facilities for the comfort and protection of visitors and participants using the hockey fields.

The application has been assessed in accordance with the relevant planning requirements that relate to the land. The proposal has an acceptable impact on the surrounding neighbourhood and environment and can be approved subject to conditions. OTHER ISSUES The majority of the conditions of consent that are recommended to be imposed relate to the appropriate construction of the development. The building is proposed with a pitched roof and colorbonded finish and will blend with the existing facilities currently located on site. POLICY IMPLICATIONS Policy 7.6 Development Applications by Councillors and Staff and Relatives or on Council Owned Land is applicable for this Development Application as Council is the owner of Lot 45 DP 171939. The policy states: ‘where the development application is on Council owned land, that such an application be referred to Council for consideration and determination and that no aspect of the application be dealt with under delegated authority.’ Therefore, the application will be determined by the elected Council. FINANCIAL IMPLICATIONS NIL


LEGAL IMPLICATIONS The application must be assessed in accordance with the heads of consideration of Section 79C of the Environmental Planning & Assessment Act 1979.

ATTACHMENTS

1. Complete 79C Planning Report under separate cover. 2. Proposed Plans

RECOMMENDATION

THAT: 1. Development Application DA236/14 be APPROVED subject to conditions of

consent as detailed in the 79C report. 2. A DIVISION be called in accordance with the provisions of Section 375A (3)

of the Local Government Act 1993.


OPERATION REPORTS

ITEM-7 OPER - 17/11/14 - WATER REPORT REPORT BY: M BAILEY – ACTING GROUP MANAGER OPERATIONS

REFERENCE


SUMMARY

This report provides an update on various water management issues as per Minute Number 14-425.

COMMENTARY

In relation to current water management issues the following information is provided: Current Dam Levels for both Farmers Creek and Oberon Farmers Creek Dam # 2 capacity on Monday, 3 November 2014 was 100% full. Oberon Dam capacity on Monday, 3 November 2014 was 65% full. Current Water Usage from Each Supply Table 1 below indicates total output from the Oakey Park Water Treatment Plant (consumption), the volume transferred from the Clarence Water Transfer System (CWTS) and the volume of water purchased from Fish River for 2014/2015. Table 2 below indicates total output from the Oakey Park Water Treatment Plant (consumption), the volume transferred from the Clarence Water Transfer System (CWTS) and the volume of water purchased from Fish River for 2012/2013 & 2013/2014. Table 1 - Oakey Park Monthly Output and Clarence Transfer 2014/2015

Month Oakey Park WTP (ML)

Clarence Transfer (ML)

Fish River Supply (ML)

July 2014 80 0 63

August 2014 145 0 45

September 2014 105 0 66

October 2014 112 0 61

TOTAL 442 0 235


Table 2 - Oakey Park Monthly Output and Clarence Transfer 2012/2014 & 2013/2014

2012/13 2013/14

Month Oakey Park WTP (ML)



Oakey Park WTP (ML)



July 107 0 53 93 0 44

August 106 0 49 96 0 67

September 115 0 55 102 0 73

October 140 0 65 130 0 58

November 140 5 62 106 0 61

December 135 81 76 100 0 47

January 146 73 68 111 0 109

February 92 0 66 93 0 73

March 114 0 81 62 0 68

April 109 0 106 105 0 61

May 123 0 62 118 0 59

June 154 0 70 101 0 67

TOTAL 1,481 159 813 1,217 0 787

Oakey Park Water Quality Summary Oakey Park Water Treatment Plant supplied water to Lithgow, Marrangaroo, Wallerawang, Lidsdale, Portland, Cullen Bullen, Glen Davis and Rydal from 28/10/2014 – 3/11/2014. OPWTP is currently supplying water to Lithgow. No health-based ADWG values were exceeded for the period 18/10/2014 – 7/11/2014. Monitoring results for the licence to operate the water treatment plant have been published on the Lithgow City Council website as required by the Protection of the Environment Operations Act 1997. Fish River Water Scheme Water Quality Summary Fish River Water Supply is currently supplying water to Marrangaroo, Wallerawang, Lidsdale, Portland, Cullen Bullen, Glen Davis and Rydal. No health-based ADWG values were exceeded for the period 18/10/2014 – 7/11/2014. Current Water Restrictions Update Level 1 restrictions are effective from Monday, 17 March 2014.


Water Saving Schemes or Processes Update Council’s Rainwater Tank and Domestic Appliance Rebate Program continued with Council approving two (2) application for household appliance rebates and once (1) application for water tank rebates for the period 18/10/2014 – 7/11/2014. Dirty Water Complaints Six (6) complaints were received during the period 18/10/2014 – 7/11/2014 concerning water quality issues in the following areas:

Park View Avenue, Portland – Resident advised that their water is really cloudy but then goes clear again. This is caused by air in the main and is not a concern.

Christina Street, Lithgow – Resident advised that they are experiencing dirty water. The cause is unknown and the main was flushed.

Crane Road, Lithgow – Resident advised that they are experiencing dirty water. The cause is unknown and the main was flushed.

Guy Street, Lithgow – Resident advised that they have been experiencing dirty water for about a month now. The cause is unknown and the main was flushed.

Mortlock Close, Lithgow – Resident advised that they got sick and doctor advised that it was from the drinking water. Council officers advised NSW Health of this issue. NSW Health is confident it is not an issue with Council’s water supply and suggested that alternate source of water contamination is to blame.

Hassans Walls Road, Lithgow – Resident advised that they had their water meter fixed last week and is not sure if that is causing water to taste terrible. Council conducted tests into the pH, Turbidity and Chlorine levels and found that they were all within ADWG limits.

FINANCIAL IMPLICATIONS NIL POLICY IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council note the water report.


CORPORATE AND COMMUNITY REPORTS

ITEM-8 CORP - 17/11/14 - COUNCIL INVESTMENTS HELD TO 31 OCTOBER 2014

REPORT BY: J BROZEK - GROUP MANAGER CORPORATE AND COMMUNITY

REFERENCE

Min No 14-212: Ordinary meeting of Council held on 12 May 2014 Min No 14-284: Ordinary meeting of Council held on 30 June 2014 Min No 14-315: Ordinary meeting of Council held on 28 July 2014 Min No 14-339: Ordinary meeting of Council held on 18 August 2014 Min No 14-394: Ordinary meeting of Council held on 29 September 2014 Min No 14-429: Ordinary meeting of Council held on 27 October 2014

SUMMARY

To advise Council of investments held as at 31 October 2014 in the 2014/15 financial year.

COMMENTARY

Council’s total investment portfolio, as at 31 October 2014 when compared to 30 September 2014, has decreased by $1,483,622.63 from $18,340,585.19 to $16,856,962.56. Cash held in Council’s general fund bank account as at 31 October 2014 when compared to 30 September 2014 has increased by $114,069.92 from $1,677,384.68 to $1,791,454.60. This results in an overall decrease in cash and investments of $1,367,630.83.

INVESTMENT REGISTER 2014/15

INSTITUTION INV TYPE DATE LODGED

DATE DUE DAYS INT VALUE 30.09.14 VALUE 31.10.14

% OF TOTAL

AMP On Call 26.08.14 3.15 1,000,517.81 1,003,108.19 5.95%

CBA On Call 2.45 923,613.57 925,535.45 5.49%

IMBS TD 07.10.14 05.01.15 90 3.4 1,000,000.00 1,008,821.92 5.99%

TD 29.07.14 27.10.14 90 3.5 526,725.69 0.00 0.00%

TD 18.08.14 17.11.14 91 3.4 1,008,726.03 1,008,726.03 5.98%

TD 22.09.14 22.12.14 91 3.4 500,000.00 500,000.00 2.97%

TD 23.09.14 22.12.14 90 3.4 500,000.00 500,000.00 2.97%

NAB TD 25.08.14 24.11.14 91 3.5 1,018,056.84 1,018,056.84 6.04%

TD 21.10.14 21.01.15 92 3.5 1,119,377.76 1,129,393.90 6.70%

TD 09.10.14 07.01.15 90 3.5 1,500,000.00 500,000.00 2.97%

TD 15.09.14 15.12.14 91 3.5 1,017,955.22 1,017,955.22 6.04%


WESTPAC TD 03.10.14 05.01.15 94 3.49 1,285,568.71 1,296,683.07 7.69%

TD 08.10.14 08.01.15 92 3.51 500,000.00 504,321.78 2.99%

TD 14.10.14 14.01.15 90 3.52 495,395.74 499,712.34 2.96%

TD 08.09.14 08.12.14 91 3.43 1,000,000.00 1,000,000.00 5.93%

ST GEORGE TD 19.08.14 19.11.14 92 3.4 944,647.82 944,647.82 5.60%

TD 26.08.14 26.11.14 92 3.55 1,500,000.00 1,500,000.00 8.90%

ME BANK TD 26.08.14 24.11.14 90 3.35 500,000.00 500,000.00 2.97%

NEWCASTLE PERMANENT TD 26.08.14 24.11.14 90 3.4 1,000,000.00 1,000,000.00 5.93%

FAMILY FIRST CREDIT UNION TD 09.09.14 08.12.14 90 3.35 1,000,000.00 1,000,000.00 5.93%

TOTAL 18,340,585.19 16,856,962.56

INTERNAL LN (Commercial Loan Int Rate)

Gen to Sew

15.01.11 On Receipt of Ext Loan

7.41 2,750,000.00 2,750,000.00

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

The movement in Investments for the month of October 2014 were as follows:

Opening Balance of investments as at 30 September 2014 $20,017,969.87 Plus New Investments – October 2014 $157,172.98Less Investments redeemed – October 2014 $1,526,725.69Closing Balance as at 31 October 2014 $18,648,417.16

If the movement in the general fund bank account is negative, this is shown as a net redemption. If the movement in the general fund bank account is positive this is shown as a net new investment. On the graph below historical and current investments to 31 October 2014 are shown.


A large proportion of Council’s investments are held as restricted assets for specific purposes. Restricted assets may consist of externally restricted assets which must be spent for the purpose for which they have been received e.g. Water, Wastewater, Stormwater, Domestic Waste, Parking, or internally restricted assets which have been set aside by Council resolution. Some internal restrictions are held to fund specific liabilities such as employee leave entitlements and bonds and deposits. POLICY IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing funds. FINANCIAL IMPLICATIONS Interest earned to 31 October 2014 is $185,013.14 Interest is paid on the maturity date of the investment, however an entry is performed at month end to account for interest earned but not yet received. The budget for interest income is determined by the average level of funds held and the rate of return. Adjustments to the budget estimate are processed through Council’s Quarterly Budget Review process. Interest Returns are determined by average funds invested and the rate of interest return. LEGAL IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing the funds.

RECOMMENDATION

THAT Investments of $16,856,962.56 and cash of $1,791,454.60 for the period ending 31 October be noted.


ITEM-9 CORP - 17/11/14 - CODE OF CONDUCT COMPLAINTS RECEIVED 1ST JULY 2013 TO 30 JUNE 2014

REPORT BY: J BROZEK - GROUP MANAGER CORPORATE AND COMMUNITY

REFERENCE

Min No 13-50: Ordinary Meeting of Council held on 25 February 2013

SUMMARY

The Council's complaints co-ordinator is to report annually on complaints statistics. Council, at its meeting held on 25 February 2013 adopted the new Model Code of Conduct.

COMMENTARY

In accordance with Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2013 Part 12, the complaints coordinator is required to report to Council the following statistics;

a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September,

b) the number of code of conduct complaints referred to a conduct reviewer, c) the number of code of conduct complaints finalised by a conduct reviewer at the

preliminary assessment stage and the outcome of those complaints, d) the number of code of conduct complaints investigated by a conduct reviewer, e) the number of code of conduct complaints investigated by a conduct review

committee. f) without identifying particular matters, the outcome of code of conduct

complaints investigated by a conduct reviewer or conduct review committee under these procedures,

g) the number of matter reviewed by the Division and, without identifying particular matters, the outcome of the reviews, and

h) the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

With regards to the above, the following is to be noted:

a) 6 b) 0 c) 0 d) 0 e) 0 f) 0 g) 0 h) $2,416


POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS The cost of managing the 6 Code of Conduct Complaints for 2013/14 was $2,416. LEGAL IMPLICATIONS In accordance with, Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2013 Part 12, the statistics must be reported to Council within 3 months of the end of September each year, and provided to the Office of Local Government.

RECOMMENDATION

THAT the report on the Code of Conduct complaints statistics for 2013/14 be noted.


ITEM-10 CORP - 17/11/14 - QUARTERLY PERFORMANCE REPORT ON 2014 2015 OPERATIONAL PLAN FOR THE PERIOD 1 JULY TO 30 SEPTEMBER 2014

REPORT BY: J BROZEK – GROUP MANAGER CORPORATE AND COMMUNITY

REFERENCE

Min No 14-245: Ordinary Meeting of Council held on 2 June 2014.

SUMMARY

This report provides the Quarterly Performance Report on the 2014-2015 Operational Plan for the period of 1 July to 30 September 2014. It recommends that variations to income and expenditure estimates are adopted with a revised reduction in the cash balance of $200,000 compared to the original balanced budget.

COMMENTARY

The July to September Quarterly Performance Report on the 2014-2015 Operational Plan has been prepared and details are provided with the attachment to the Business Paper. This report provides a detailed summary of achievements against the Delivery Program 2013-2017. Note: A negative balance is identified in brackets.

2014/15 Quarterly Budget Comparison

Budget (Inc Internal) Income$'000

Expenditure $'000

Total $'000

Original 72,778 72,778 0

September Quarter 79,612 79,812 (200)

2014/15 Quarterly Budget Comparison Fund

Budget(Inc Internal) Income$'000

Expenditure $'000

Total $'000

General 60,210 60,410 (200)

Water 10,482 10,482 0

Wastewater 8,920 8,920 0


All variations are funded from carry forward unspent funds from the 2013-14 Financial Year, with the only exception being Council’s contribution to the hockey field returfing project. The revised September quarter of the 2014-2015 Operational Plan has been adjusted as detailed in the following table.

2013/14 Quarterly Budget Variations

Division Program Variation Reason

1) Operations Capital

Operations 413,691 Carry forward expenditure for CBD Revitalisation Project. Carry Forward Project from 2013/2014.


Recreation Capital (120,000) Increased capital contribution for funding expenditure on hockey field returfing. New budget allocation for 2014/2015.


Recreation Capital 320,000 Increased expenditure hockey field upgrades. New budget allocation for 2015.


Recreation Capital 14,159 Carry forward expenditure on Kremer Park. Carry Forward from 2013/2014.


Buildings Capital 287,700 Carry forward expenditure for public toilets. Carry Forward funds from 2013/2014.


Buildings Other 15,000 Carry forward expenditure for Union Theatre.


Water Infrastructure 3,006,847 Carry forward expenditure for Scada system telemetry upgrade, mains renewal, treatment plant and reservoir upgrades. Carry Forward Projects from 2013/2014.


Wastewater Infrastructure

1,433,050 Carry forward expenditure de-sludging lagoons, Lithgow extensions, land purchases, and Sewer pump station upgrades. Carry Forward from 2014

9) Development and Planning Capital

Waste Management 999,891 Carry forward expenditure on environmental compliance audit and various tip sites. Carry Forward from 2013/2014.

10 Development and Planning Capital

Strategic Planning Capital 90,000 Expenditure carry forwards for Heritage Management Policy, on site sewer inspections, Hassans Walls Plan of Management. Carry Forward fund from 2013/2014

11 Information Technology

Information Technology / GIS

88,351 Expenditure carry forwards to fund new projects of the upgrade of security


2013/14 Quarterly Budget Variations

Division Program Variation Reason

Capital cameras, new budget module and new corporate reporting systems. Carry Forward budget from 2013/2014.

12 Community Capital

Community & Cultural 75,868 Carry forward of grant and council funds for Blast Furnace pathway, Eskbank House improvements, pound improvements, gun emplacements South Bowenfels and Cox’s road signage. Carry Forward from 2014.

13 Community Capital

Tourism 31,048 Expenditure for Town entry signage. Carry Forward from 2014.

14 Executive Organisation Development

9,400 Increase in Corporate Training being funded from transfer from reserves. Carry Forward funds from 2014.

15 Executive Tourism 236,500 Carry forward of unspent funds for Trade Show promotional materials, Blue Mountains regional Strategy, Lithgow Flash Gift, marketing strategies, television advertising, photographic library, Tablelands Way signage and tourism promotion strategy. Carry Forward from 2013/2014.

16 Finance Finance 5,685 Carry forward expenditure for asset identification and valuation. Carry Forward budget from 2013/2014.

17 Records Management

Records 6,833 Carry forward expenditure for archival of records project.

Total Variations (200,000)

POLICY IMPLICATIONS There are no policy implications as a result of this report. FINANCIAL IMPLICATIONS The financial implications as reported in the July to September Quarterly Performance Report, 2014-2015 Operational Plan. The Group Manager of Corporate and Community, as the Responsible Accounting Officer has reviewed the statements and certifies as required by the Local Government (General) Amendment (Planning and Reporting) Regulation 2009, that Council's 2014-2015 Operational Plan has been reviewed and the financial position of Council is satisfactory.


LEGAL IMPLICATIONS The Local Government Act 1993 and Local Government (General) Amendment (Planning and Reporting) Regulation 2009 sets out requirements for the quarterly reporting of the achievement of performance targets and the submission of a budget review statement after the end of each quarter.

ATTACHMENTS

1. Quarterly Progress Report 1 July – 30 September 2014.

RECOMMENDATION

THAT: 1. The net reduction in cash of $200,000 for the 2014-2015 Operational Plan as

detailed in the Quarterly Performance Report for the period 1 July to 30 September 2014 be adopted.

2. Council adopt the variations to the Council budget as outlined in the report. 3. Council note that the Group Manager of Corporate and Community, as the

Responsible Accounting Officer has reviewed the statements and certifies as required by the Local Government (General) Amendment (Planning and Reporting) Regulation 2009, (s203) that Council's 2012-2013 Operational Plan has been reviewed and the financial position of Council is satisfactory.


ITEM-11 CORP - 17/11/14 - 2013/14 ANNUAL REPORT

REPORT BY: J BROZEK – GROUP MANAGER CORPORATE AND COMMUNITY

REFERENCE

Min No 12-458: Ordinary Meeting of Council held on 26 November 2012 Min No 13-404: Ordinary Meeting of Council held on 25 November 2013

SUMMARY

This report provides a copy of the Annual Report 2013-2014 to Council for its information.

COMMENTARY

The Local Government Act 1993 states:

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.

The Annual Report for the year 2013-2014 has been prepared and will be forwarded to the Office of Local Government. A copy of the Report has been provided to Councillors within their Business Papers Packages. Copies of the Annual Report will be placed on Council’s website and a hard copy will be available for viewing at the Council’s Administration Centre, the Lithgow Library Learning Centre and Portland, Wallerawang and Rydal Libraries. POLICY IMPLICATIONS There are no policy implications as a result of this report. FINANCIAL IMPLICATIONS The Annual Report was produced internally and funded from the recurrent budget. LEGAL IMPLICATIONS The Annual Report was prepared in accordance with the requirements of the Local Government Act 1993 and Local Government (General) Amendment (Planning and Reporting) Regulation 2009.

ATTACHMENTS

1. Annual Report 2013-2014


RECOMMENDATION

THAT Council adopt the Lithgow City Council Annual Report 2013-2014.


COUNCIL COMMITTEE MINUTES

ITEM-12 ENVIRO - 17/11/14 - MEADOW FLAT HALL MANAGEMENT COMMITTEE MINUTES - 7 OCTOBER 2014

REPORT BY: A MUIR - GROUP MANAGER ENVIRONMENT AND DEVELOPMENT

SUMMARY

This report details the minutes of the Meadow Flat Hall Management Committee Meeting held on 7 October 2014.

COMMENTARY

At the Meadow Flat Hall Management Committee Meeting held on 7 October 2014. The Committee discussed the Official Opening which is detailed in the minutes.

ATTACHMENTS

1. Minutes of the Meadow Flat Hall Management Committee Meeting held on 7 October 2014.

RECOMMENDATION

THAT Council note the minutes of the Meadow Flat Hall Management Committee Meeting held on 7 October 2014.


ITEM-13 OPER - 17/11/14 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 28 OCTOBER 2014

REPORT BY: M BAILEY – ACTING GROUP MANAGER OPERATIONS

REFERENCE


SUMMARY

This report details the Minutes of the Sports Advisory Committee Meeting held on 28 October 2014.

COMMENTARY

At the Sports Advisory Committee held on 28 October 2014, there were numerous items discussed by the Committee including:

Financial Assistance Requests 2014 LJ Hooker Reg Cowden Sports Star of the Year Awards Booking Requests

The following items were outside the Committee’s delegations and require Council to formally approve the recommendation:

Participation and Facility Program – Department Of Sport and Recreation

ATTACHMENTS

1. Minutes from the Sports Advisory Committee meeting of 28 October 2014.

RECOMMENDATION

THAT Council: 1. Note the minutes of the Sports Advisory Committee held on 28 October 2014. 2. Make an application for funding of $12,000 under the NSW Department of

Sport and Recreation’s Participation and Facility Program for new LED flood lighting at Tony Luchetti Sportsground, Lithgow.


NOTICES OF MOTION

ITEM-14 NOTICE OF MOTION - 17/11/14 - PROPOSED RENAMING OF LANDA STREET, BOWENFELS, LITHGOW - COUNCILLOR M TICEHURST

REFERENCE

Geographical Names Board NSW Road Naming Policy 24 October 2013.

COMMENTARY

Q. Could the General Manager and/or Senior Council Officers provide a report to the Council on the GNB NSW Road Naming Policy process towards the proposed renaming of Landa Street, Bowenfels Lithgow?

RECOMMENDATION

THAT the General Manager and/or Senior Council Officers provide a report to the Council on the GNB NSW Road Naming Policy process towards the proposed renaming of Landa Street, Bowenfels Lithgow?


BUSINESS OF GREAT URGENCY

In accordance with Clause 241 of the Local Government (General) Regulations 2005 business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only of: a) A motion is passed to have the business transacted at the meeting: and b) The business proposed to be brought forward is ruled by the Chairperson to be of

great urgency.


CLOSED COUNCIL

ITEM-15 CONFIDENTIAL - CLOSED COUNCIL - OPER - 17/11/14 - PURCHASE OF ADDITIONAL LAND FOR THE PORTLAND SEWERAGE TREATMENT PLANT

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

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

SUMMARY

To seek Council approval to purchase Lots 203 & 204 DP755769 for the construction of a new Sewerage Treatment Plant at Portland.

RECOMMENDATION

THAT Council consider the report on the proposed purchase of Lots 203 & 204 DP 755769, in Closed Council pursuant to Section 10A(2)(c) of the Local Government Act 1993.

17 november 2014 - public versionarchive.lithgow.nsw.gov.au/agendas/14/1117/171114_agenda.pdf ·...

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