8 September 2014 - Agendaarchive.lithgow.nsw.gov.au/agendas/14/0908/140908_agenda.pdf · election...

A CENTRE OF REGIONAL EXCELLENCE

AGENDA

ORDINARY MEETING OF COUNCIL

TO BE HELD AT

THE ADMINISTRATION CENTRE, LITHGOW

ON

08 SEPTEMBER 2014

AT 7.00pm

AGENDA

ACKNOWLEDGEMENT OF COUNTRY APOLOGIES PRESENT CONFIRMATION OF THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON 18 AUGUST 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 Youth Council Minutes - 29 July 2014 Lithgow Flash Gift Committee - 4 August 2014 Blue Mountains Crossing Committee - 6 August 2014 Operations Committee Meeting Minutes - 7 August 2014 Tourism Advisory Committee - 19 August 2014 Union Theatre Management Committee Minutes - 21 August 2014 Sports Advisory Committee Meeting Minutes - 26 August 2014 DELEGATES REPORTS - NIL NOTICES OF MOTION Draft Local Environmental Plan - Lithgow City Council- Councillor M Ticehurst Lithgow City Council Policy and/or Guidelines on Shopping Locally - Councillor M Ticehurst Slips and Falls on Footpath Pavers in Main Street 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

TABLE OF CONTENTS ITEM TITLE PAGE

GENERAL MANAGERS REPORTS 1

ITEM-1 GM - 08/09/14 - MAYOR - NOMINATIONS FOR AND ELECTIONS FOR THE POSITION OF MAYOR 2014/15

1

ITEM-2 GM - 08/09/14 - DEPUTY MAYOR - NOMINATION FOR THE ELECTION OF THE DEPUTY MAYOR FOR 2014/15

6

ITEM-3 GM - 08/09/14 - COUNCIL COMMITTEES AND EXTERNAL BODIES 8

ITEM-4 GM - 08/09/14 - CHRISTMAS AND NEW YEAR CLOSURE 11

ITEM-5 GM - 08/09/14 - COUNCIL MEETING SCHEDULE FOR 2015 13

ITEM-6 GM - 08/09/14 - COUNCIL'S ADVERTISING 16

ITEM-7 EXEC - 08/09/14 - HALLOWEEN 2014 18

ENVIRONMENT AND DEVELOPMENT REPORTS 21

ITEM-8 ENVIRO - 08/09/14 - DRAFT POLICY 7.5 - NOTIFICATION OF DEVELOPMENT APPLICATIONS

21

ITEM-9 ENVIRO - 08/09/14 - NOTICE OF PLANNING ASSESSMENT COMMISSION MEETING - COALPAC INVINCIBLE COLLIERY MODIFICATION 4 AND CULLEN VALLEY MINE MODIFICATION 2

23

ITEM-10 ENVIRO - 08/09/14 - REVISED RURAL LANDFILL CLOSURE PROGRAM

24

ITEM-11 ENVIRO - 08/09/14 - CALLING IN OF DEVELOPMENT APPLICATION DA167/14 SHED - BATHURST STREET RYDAL

26

OPERATION REPORTS 27

ITEM-12 OPER - 08/09/14 REPLACE STREET SWEEPER - BB90PU 27

ITEM-13 OPER - 08/09/14 - TENDERS FOR THE CONSTRUCTION OF REPLACEMENT RAIL OVERBRIDGE, WALLERAWANG

29

ITEM-14 OPER - 08/09/14 - WATER REPORT 34

CORPORATE AND COMMUNITY REPORTS 38

ITEM-15 CORP - 08/09/14 - DISABILITY ACCESS PLAN 38

ITEM-16 CORP - 08/09/14 - REVIEW OF LITHGOW CITY COUNCIL POLICIES 40

COUNCIL COMMITTEE MINUTES 42

ITEM-17 CORP - 08/09/14 - YOUTH COUNCIL MINUTES - 29 JULY 2014 42

ITEM-18 CORP - 08/09/14 - LITHGOW FLASH GIFT COMMITTEE - 4 AUGUST 2014

43

ITEM-19 CORP - 08/09/14 - BLUE MOUNTAINS CROSSING COMMITTEE - 6 AUGUST 2014

44

ITEM-20 OPER - 08/09/14 - OPERATIONS COMMITTEE MEETING MINUTES - 7 AUGUST 2014

45

ITEM-21 CORP - 08/09/14 - TOURISM ADVISORY COMMITTEE - 19 AUGUST 2014

47

ITEM-22 ENVIRO - 08/09/14 - UNION THEATRE MANAGEMENT COMMITTEE MINUTES - 21 AUGUST 2014

49

ITEM-23 OPER - 08/09/14 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 26 AUGUST 2014

50

NOTICES OF MOTION 51

ITEM-24 NOTICE OF MOTION - 08/09/14 - DRAFT LOCAL ENVIRONMENTAL PLAN - LITHGOW CITY COUNCIL- COUNCILLOR M TICEHURST

51

ITEM-25 NOTICE OF MOTION - 08/09/14 - LITHGOW CITY COUNCIL POLICY AND/OR GUIDELINES ON SHOPPING LOCALLY - COUNCILLOR M TICEHURST

52

ITEM-26 NOTICE OF MOTION - 08/09/14 - SLIPS AND FALLS ON FOOTPATH PAVERS IN MAIN STREET LITHGOW - COUNCILLOR M TICEHURST

53

ITEM-27 08/09/14 - EXCLUSION OF NOTICE OF MOTION 54

BUSINESS OF GREAT URGENCY 56

AGENDA - ORDINARY MEETING OF COUNCIL HELD ON 8 SEPTEMBER 2014 1

GENERAL MANAGERS REPORTS

ITEM-1 GM - 08/09/14 - MAYOR - NOMINATIONS FOR AND ELECTIONS FOR THE POSITION OF MAYOR 2014/15

REPORT BY: R BAILEY - GENERAL MANAGER

SUMMARY

Council is, each year, to elect a Mayor. This report provides the procedure for the election of Mayor for the coming 12 month period.

COMMENTARY

Where the Mayor is elected by the councillors the Council is required each year to elect a Mayor to preside over the Council for the ensuing 12 month term. As described by Section 230(1) a mayor elected by councillors holds office for one year, subject to the Act. Section 290(1)(b) of the Act requires the election of the mayor to be conducted at a meeting held during the month of September. 290 When is an election of a mayor by the councillors to be held?

(1) The election of the mayor by the councillors is to be held: (a) if it is the first election after an ordinary election of

councillors-within 3 weeks after the ordinary election, or (b) if it is not that first election or an election to fill a casual

vacancy-during the month of September, or (c) if it is the first election after the constitution of an area-

within 14 days after the appointment of a provisional council or the first election of the council if a provisional council is not appointed, or

(d) if the relevant council is a non-functioning council, or a council of which all civic offices have been declared vacant, and the election is the first to be held after the appointment or election of the councillors-within 14 days after the appointment or election of the councillors.

(2) If the councillors fail to elect a mayor as required by this section, the Governor may appoint one of the councillors as the mayor.

(3) For the purposes of this section, an election of councillors does not conclude until the declaration of election of all the councillors of the council concerned.

The election is to be conducted by the General Manager or in his absence, a Council employee designated by the General Manager, or in the event that all of these people are absent, by the person who called the meeting.


The Mayoral Fee presently paid by Lithgow City Council is $20,810pa plus private use of a motor vehicle plus $9,825pa Councillor Fee totalling $30,635pa. Nominations Nominations are now invited for the Office of Mayor for the 2014/15 term (until September 2015). The elections of Mayor of Lithgow City Council must be held in accordance with Schedule 7 of the Local Government (General) Regulation, 2005 and Council’s Code of Meeting Practice. In accordance with Section 227(a) of the Local Government Act, 1993 the Mayor of Lithgow City Council is elected by the councillors from among their number. Schedule 7 of the Local Government (General) Regulation, 2005, outlines the following procedures for the election of Mayor. Returning Officer The General Manager (or a person nominated by the General Manager) is the Returning Officer. Nomination A councillor may be nominated without notice for election as Mayor. The nomination is to be made in writing by two (2) or more councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing. The nomination is to be delivered or sent to the Returning Officer, who shall announce the names of the nominees at the Council meeting at which the election is to be held. Election If only one councillor is nominated for the position of Mayor, that councillor is elected. If more than one councillor is nominated Council must determine if voting is to be by preferential ballot, by ordinary ballot (both secret ballots) or by Open Voting (voting by a show of hands or similar means). The elections of Mayor and Deputy Mayor are the only times Council can choose to vote by way of secret ballot. In all other matters open voting must be used. The election is to be held at the Council meeting at which the Council resolves on the method of voting. Ordinary Ballot 1. If the election proceeds by ordinary ballot, the Returning Officer is to

decide the manner in which votes are to be marked on the ballot papers. 2a. If there are only 2 candidates, the candidate with the higher number of

votes is elected. 2b. If there are only 2 candidates and they are tied, the one elected is to be

chosen by lot.


3a. If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

3b. If 3 or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

3c. If, after that, 3 or more candidates still remain, the procedure set out in subclause 3(b) is to be repeated until only 2 candidates remain.

3d. A further vote is to be taken of the 2 remaining candidates. 3e. Clause 2 of the above then applies to the determination of the election as

if the 2 remaining candidates had been the only candidates. 3f. If at any stage during a count under subclause 3(a) or 3(b), 2 or more

candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Open Voting Follows the same procedures as for ordinary ballot excepting it is by a show of hands or similar means. Preferential Ballot 1. This part applies if the election proceeds by preferential ballot. 2. The ballot papers are to contain the names of all the candidates. The

councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

Count for Preferential Ballot 1. If a candidate has an absolute majority of first preference votes, that

candidate is elected. 2. If not, the candidate with the lowest number of first preference votes is

excluded and the votes on the un-exhausted ballot papers counted to him or her are transferred to the candidates with second preferences on those ballot papers.

3. A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her un-exhausted ballot papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

4. In the clause “absolute majority” in relation to votes means a number which is more than one-half of the number of formal un-exhausted ballot papers.

Preferential Voting - Tied Candidates 1. If, on any count of votes, there are 2 candidates in, or remaining in, the

election and the numbers of votes cast for the 2 candidates are equal the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

2. If, on any count of votes, there are 3 or more candidates in, or remaining

in, the election and the numbers of votes cast for 2 or more candidates


are equal and those candidates are the ones with the lowest number of votes on the count of the votes the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

General To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen. Notes:

(i) Nomination forms for the position of Mayor and Deputy Mayor are enclosed with this meeting agenda. These may be completed and returned to the Returning Officer at any time before the Ordinary Council Meeting scheduled for Monday 8th September 2014 OR at this Ordinary Meeting up to the time that the Returning Officer announces that nominations are closed;

(ii) Elections at Lithgow City have been conducted under the Open Voting system in recent years;

(iii) “Open Voting” means voting by a show of hands or similar means;

(iv) “Ballot” has its normal meaning of secret ballot; and

(v) “Ordinary Ballot” means indicating the name, or if applicable the placing of the number 1 only against the name, of your preferred candidate.

Nomination forms for the position of Mayor are coloured BLUE and are enclosed with the business paper and will also be available at the Ordinary Meeting of Council. The returning officer will call for the final lodgement of nominations at the meeting. After the final call for nominations the Returning Officer will announce the names of the nominee(s). If necessary, an election will then be conducted as per the decision made on the previous report. Section 290 (1)(b) of the Local Government Act requires Council to hold the election for the position of Mayor by the Councillors during the month of September. By virtue of this report and the recommendation is contained therein, Council will have satisfied its requirements under the Local Government Act. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL


LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Nomination Forms (blue)

RECOMMENDATION

THAT Council: 1. Proceeds with the election of the Mayor; and 2. Determines whether the vote is to proceed by ordinary ballot,

preferential ballot or by open voting.


ITEM-2 GM - 08/09/14 - DEPUTY MAYOR - NOMINATION FOR THE ELECTION OF THE DEPUTY MAYOR FOR 2014/15


SUMMARY

Council may, each year, elect a Deputy Mayor. This report provides the procedure for the election of the Deputy Mayor for the coming 12 month period.

COMMENTARY

Councillors may elect one from their number to be the Deputy Mayor. The person may be elected for the Mayoral term or a shorter one (s.231). The Deputy Mayor’s role is to exercise any function and delegation of the Mayor:-

i) At the request of the Mayor; or ii) If the Mayor is prevented by illness, absence or otherwise from exercising

the function; or iii) If there is a casual vacancy in the Office of Mayor.

This Council in the past has elected a Deputy Mayor for a term of 12 months, i.e. September to September. The procedure for the election of Deputy Mayor is the same as the procedure for the election of Mayor. Additional fees, if any, for holding the position of Deputy Mayor are to be deducted from payments to the Mayor. No fees are presently paid by Lithgow City Council for the holder of the position of Deputy Mayor. Nominations forms for the position of Deputy Mayor are coloured GREEN and are enclosed with the business paper and will also be available at the Extra-Ordinary Meeting of Council. The Returning Officer will call for final lodgement of nominations at this meeting. After the final call for nominations, the Returning Officer will announce the names of nominee(s). If necessary an election will then be conducted. Section 231 of the Local Government Act 1993 provides that the Councillors may elect a person from among their number to be the Deputy Mayor. The term may be for the Mayoral term or a shorter term. It has been common practice at Lithgow City Council for the position of Deputy Mayor to be exactly the same length of time as the position of Mayor as determined in Section 231 (2) of the Local Government Act 1993. POLICY IMPLICATIONS NIL


FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Nomination Forms - Green

RECOMMENDATION

THAT Council: 1. Notes the report on the appointment of and procedure for the election of a

Deputy Mayor; 2. Resolves that a Deputy Mayor is to be elected from its number for the Mayoral

term; 3. Holds an election for the position of Deputy Mayor on the same basis as for the

Mayoral position; and 4. Determines the fee that is to be paid to the Deputy Mayor, if any.


ITEM-3 GM - 08/09/14 - COUNCIL COMMITTEES AND EXTERNAL BODIES

SUMMARY

The purpose of this report is for Council to consider the appointment of councillors to s355 committees of Council and delegates to external (Non Principle) Committees, organisations and other working groups.

COMMENTARY

Currently the following Councillors represent Council on S355 Committees and External Committees and Organisations.

Committees 2013/14 Representative Environmental Advisory Councillor Ticehurst

Councillor Hunter Operations Committee Councillor Pilbeam

Councillor Hunter Councillor Higlett General Manager

Traffic Advisory Local (TALC) Councillor Pilbeam Councillor Ticehurst (Alternate)

Sports Advisory Committee Councillor Inzitari Councillor Thompson

Indoor Aquatic Centre Committee

Councillor Thompson Councillor Hunter

Internal Audit Committee Councillor Statham Councillor Pilbeam (Alternate)

Lithgow Tourism Advisory Councillor Higlett Councillor Statham

Lithgow Flash Gift Councillor Thompson Councillor McAndrew

Economic Development Advisory Councillor Higlett Councillor Inzitari

Community Development Councillor Statham Councillor McGinnes

Youth Advisory Committee Councillor Inzitari Councillor McAndrew

Lithgow Crime Prevention Councillor Inzitari Councillor McAndrew

Disability Access Councillor McGinnes Councillor Statham

Blue Mountains Crossing Councillor Hunter Councillor Statham

Crystal Theatre Councillor Hunter Councillor Statham


Union Theatre Councillor McGinnes Councillor Hunter

Meadow Flat Hall Councillor Hunter Councillor Statham

Revitalisation Committee Mayor Chair of Economic Development Advisory Committee Chair of Tourism Advisory Committee Chair of Traffic Advisory Local Committee Chair of Operations Committee General Manager

External Committees and Organisations

Arts Out West Committee Councillor Statham Bells Line of Road Group Councillor Statham

General Manager (Alternate) Blue Mountains Tourism Limited Councillor Statham

Councillor Higlett (Alternate) Bush Fire Management Councillor Hunter

Councillor Statham Lithgow Information & Neighbourhood Centre Inc (LINC)

Councillor Thompson Councillor Statham (Alternate)

Upper Macquarie County Council Councillor Hunter Councillor Thompson

Lithgow Aged Care Inc Councillor Thompson Councillor Higlett (Alternate)

Centroc Mayor General Manager

Pine Dale Coal Mine Community Committee Councillor Hunter Cullen Valley Coal Mine Community Committee

Councillor Inzitari

Invincible Coal Mine Community Committee

Councillor Statham

Clarence Coal Mine Community Committee Councillor Pilbeam Angus Place Coal Mine Community Committee

Councillor Statham

Association of Mining Related Councils Councillor Statham Councillor Thompson (Alternate)

Lithgow Correctional Centre Committee Councillor Ticehurst Airly Coal Mine Committee Councillor Hunter Newnes Sand and Kaolin Project Community Consultative Committee

Councillor Hunter

Inglenook Exploration Community Liaison Committee

Councillor Thompson

Hawkesbury Nepean Local Government Group

General Manager

Sydney Catchment Authority Local General Manager


Government Advisory Group Eskbank Rail Heritage Centre Committee Councillor Inzitari

Councillor Hunter (Alternate) Wolgan Valley Wilderness Railway Committee

Councillor Hunter Councillor Inztiari (Alternate)

Bushfire District Liaison Committee Councillor Statham Councillor Higlett

POLICY IMPLICATIONS Policy 4.1 Community Representatives – Appointment to Committees or Working

Groups Code of Meeting Practice FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Local Government Act 1993 Local Government (General) Regulations 2005

RECOMMENDATION

THAT Council reconfirms the councillor appointments made to the s355 Committees of Council and External Committees and Organisations.


ITEM-4 GM - 08/09/14 - CHRISTMAS AND NEW YEAR CLOSURE

SUMMARY

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

COMMENTARY

Lithgow City Council closed part or all of its business over the Christmas to New Year period in past years and will again cease operations over this period from close of business on Wednesday 24th December 2014 and reopen on Monday 5th January 2014. The following arrangements have been decided on for the Christmas closure for 2014:

Council administration areas and depots will close for business from close of business on Wednesday 24th December 2014 and will re-open on Monday 5th January 2014.

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

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

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

available during the period for emergency situations.

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

Lithgow Visitor Information Centre Ranger Eskbank House Museum Rural Tip Controller Cleaner Driver (emptying street bins) Streetsweeper Water and Sewerage Treatment Plants Cleansing Unit Parks Crews

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL


LEGAL IMPLICATIONS NIL

RECOMMENDATION

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


ITEM-5 GM - 08/09/14 - COUNCIL MEETING SCHEDULE FOR 2015

REPORT BY - R BAILEY - GENERAL MANAGER

SUMMARY

This report outlines the proposed dates for the Ordinary Council Meetings for 2015.

COMMENTARY

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

Conferences Public holidays Possibly school holidays

The Local Government NSW Annual Conference is likely to be held mid October 2015. Public Holidays in 2015 will include:

2015

New Year's Day Thursday, 1 January

Australia Day Monday, 26 January

Good Friday Friday, 3 April

Easter Saturday Saturday, 4 April

Easter Sunday Sunday, 5 April

Easter Monday Monday, 6 April

Anzac Day Saturday, 25 April

Queen's Birthday Monday, 8 June

Labour Day Monday, 5 October

Christmas Day public holiday Friday, 25 December

Boxing Day Saturday, 26 December

*Additional Day Monday, 28 December

* When 26 December (Boxing Day) is a Saturday, there is an additional public holiday on the following Monday.


With NSW School holidays to be held on:

NSW Government School Holidays 2015 Summer Holidays Monday 22 December 2014 Monday 26 January 2015 Autumn Holidays Friday 3 April 2015 Friday 17 April 2015 Winter Holidays Monday 29 June 2015 Friday 10 July 2015 Spring Holidays Monday 21 September 2015 Monday 5 October 2015 Summer Holidays Monday 21 December 2015 Tuesday 2 February 2016 The proposed dates for the Ordinary Meetings of Council for 2015 are as follows: Ordinary Council Meetings for 2015

9 February 2 March 23 March 20 April** 11 May 1 June 29 June** 27 July** 17 August 7 September 28 September 26 October** 16 November 14 December

** Represents 4 weeks between meetings POLICY IMPLICATIONS Policy 9.6 provides that Council will not have a meeting during the month of January. FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council: 1. Hold the Ordinary Council meetings during 2015 generally on a three weekly

basis on the following Monday dates: 9 February 2 March 23 March 20 April 11 May


1 June 29 June 27 July 17 August 7 September 28 September 26 October 16 November 14 December

2. Hold the election of Mayor on Monday 7 September 2015.


ITEM-6 GM - 08/09/14 - COUNCIL'S ADVERTISING


REFERENCE

Min No 14-171: Ordinary Meeting of Council held on 14 April 2014.

SUMMARY

It was resolved that a report be provided to Council providing information on Council's Advertising budget. COMMENTARY At the Ordinary Meeting of Council held on 14 April 2014 it was resolved that a report be provided to Council for the insertion of the Council Column in the Lithgow Mercury to be equally divided between the Lithgow Mercury and the Village Voice. A review of Centroc councils has occurred to determine whether there are procedures put in place for determining the allocation of expenditure for advertising. No policies were able to be found regarding advertising expenditure at any of these councils. A number of other councils were also surveyed with not many of these councils maintaining a policy on advertising and those that did only providing minimal guidance. Council utilises a number of advertising outlets for various Council business including tenders, positions vacant, events, rate instalments and community announcements. There are occasions when Council is required to advertise outside of the Lithgow LGA and utilises other newspapers to reach a wider audience. Council publishes the Council Column in the Lithgow Mercury on a weekly basis. Council has an allocated budget for advertising purposes per financial year. No portion of this is pre-allocated to any outlet. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL


RECOMMENDATION

THAT the information on advertising be noted.


ITEM-7 EXEC - 08/09/14 - HALLOWEEN 2014

REPORT BY: M BREWSTER - ECONOMIC DEVELOPMENT OFFICER

SUMMARY

The successful Halloween 13 shop local event held last year on October 31 2013 generated large crowd volumes along the footpaths and within the public spaces of Main St Lithgow. In order to mitigate risk to the community and contractors during the Halloween 14 event, it is proposed to close the section of Main St between Eskbank St and Bridge St from 6pm Thursday 30 October 2014 and 6am Saturday 1 November 2014. This will create a large vehicle free event space during the bump in, event delivery and bump out phases of the event. With this section of Main St closed during the day of Halloween Friday October 31, it provides a unique opportunity to create a temporary “parklet” installation that will feature a performance stage, areas of outdoor dining, funky seating, scarecrow installations, and other specially themed landscaping. The Report includes a summary of Council's consultation with businesses in the affected section of Main St, identifies the petition received from businesses opposing the proposed street closure, and what Council officers are doing to address their concerns.

COMMENTARY

The inaugural Halloween 13 shop local event was delivered on October 31 2013. Over 60 Main St Lithgow businesses participated in shop promotions along with a number in Portland. The event drew thousands of visitors to Lithgow’s Main St. While no incidents were reported during the event last year, the large number of visitors filled Main St footpaths and public domain spaces to capacity. Given this knowledge and with expectations of greater crowd numbers this year the Halloween Event Risk Management Plan prepared by Councils Event Co-ordinator has determined that a section of Main St should be closed in order to best manage risk to the general public and contractors during the bump in, event delivery and bump out phases of the event. It is proposed that the section of Main St between Bridge St and Eskbank St be closed to vehicular traffic between 6pm on Thursday 30 October through to 6 am Saturday November 1 2014. Working within this street closure parameter, Council officers have been able to develop a unique Halloween 14 event to promote local businesses and entertain the community:


Halloween Day

Creation of the Main St “parklet” space featuring a performance stage with entertainment, areas of outdoor dining, funky public seating, scarecrow installations, and other specially themed landscape elements.

Trading out into the street area by edging businesses incorporating unique Halloween styled promotions, trick or treat and themed food offers. For example Vanilla Café will be providing 10 outdoor dining tables, several umbrellas, street coffee cart and gelato bar

Halloween Night

Activation of overhead festoon lights crisscrossing Main St, glow tables and seating in the “parklet” space , a light show encompassing the John Joseph building functioning as the back drop to a performance stage with music and entertainment, Halloween best dressed parade, witches and wizards installation in Pioneer Park, ghost tours and Halloween themed entertainment in the Lithgow Valley Community cinema.

As outlined, the closed section of Main St will become the centre of the Council organised day and night time Halloween 14 event attractions, performances and light show components. In addition to this all businesses along Main St will be encouraged to participate in the event by creating themed window displays, providing trick or treat, offering special promotions and Halloween cuisine. In developing this closure concept Council officers consulted with affected business operators in regards to the possible length and timing of the street closure. 29 businesses located along Main St between Bridge St and Eskbank St indicated their support to Council officers for the road closure option extending between 6pm Thursday 31 October and 6 am Saturday 1 November. Councils Traffic Advisory Local Committee also considered this road closure option at its meeting of 7 August 2014 and raised no objections. Council received a petition on 8 August 2014. The petition identifies 16 businesses including several that had previously supported the closure option in discussions with Council. The petition signatories objected to the closure of Main St between Eskbank and Bridge St on Friday 31 October 2014. Following further consultations with Council officers over the past week, a number of the businesses listed on the petition have reconsidered their opposition to the proposed road closure. Council officers will to continue to liaise with all the businesses identified in the petition as well as those supporting the closure in order to minimise where possible disruption to their business operations and to maximise promotional opportunities through the Halloween event. POLICY IMPLICATIONS NIL


FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Council has a duty of care to implement the Event Risk Management Plan and to ensure that the identified potential risks to the community and contractors are mitigated. Failure to do so will expose Council to liability.

ATTACHMENTS

1. Petition from Higgins Lawyers Main St Lithgow

RECOMMENDATION

THAT: 1. Council endorse the closure of Main St between Bridge St and Eskbank St to

all vehicular traffic between 6pm Thursday 30 October and 6am Saturday 1 November 2014

2. Council Officers liaise with all businesses located on Main St between Bridge St and Eskbank St to minimise where possible disruption to business operations and to maximise promotional opportunities


ENVIRONMENT AND DEVELOPMENT REPORTS

ITEM-8 ENVIRO - 08/09/14 - DRAFT POLICY 7.5 - NOTIFICATION OF DEVELOPMENT APPLICATIONS

REPORT BY: A MUIR – GROUP MANAGER ENVIRONMENT & DEVELOPMENT

REFERENCE

Min No 14-277: Ordinary Meeting of Council held on 30 June 2014

SUMMARY

To advise Council of the preparation of a new draft policy in relation to the notification of development applications. It will be recommended that the draft policy be placed on exhibition for a period of 28 days.

COMMENTARY

Following consideration of a report to its Ordinary Meeting of 30 June 2014, Council resolved as follows:

“THAT Council consider Draft Policy 7.5 - Notification of Development Applications at a Council Information session prior to it going on public exhibition”

The matter was subsequently discussed at a Council Information Session on 11 August 2014 and a number of refinements have been made to the draft Policy. These include:

Reducing the ridge height to 3.6 metres for garages requiring notification

Increasing the number of lots to 5 for subdivisions on land zoned RU1 or RU2 where notification will be required

Including the following as developments not requiring notification: Development involving a change of use that does not involve the change to a

Restricted Premises, Sex Services Premises, Food and Drink Premises, Funeral Chapel, Funeral Home, Retail Premises where firearms within the meaning of the Firearms Act 1996

Signage Any other development of a minor nature that, in the opinion of the assessing

officer, does not have the potential to create a negative impact on the amenity of the neighbourhood by way of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.


Clarifying that the notification period will be 14 days except for certain types of development as well as extending the notification area and period for certain types of development as follows:

Type of Development Proposed Minimum Notification

Required (Surrounding Landowners)

Period

Subdivisions, for more than 10 lots, on land zoned land zoned R1, R2, R5 and RU5

6 either side of the subject site, 6 at the rear and 6 opposite the site

21 days

Bed & Breakfast, Home industries, restaurant or café, Self Storage Units


14 days

Multi-dwelling Housing, hostels, boarding houses, child care centres, Hotels, Motels, Tourist Facilities, residential flat buildings, residential care facility, seniors housing, serviced apartments, places of public worship, recreation facility, amusement centres, professional consulting rooms


21 days

POLICY IMPLICATIONS It is proposed that a new policy will be created within Council’s policy register framework. FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS The assessment of development primarily occurs under the provisions of the Environmental Planning & Assessment Act. Requirements within the current Local Environmental Plan have come into effect through the creation of the Local Environmental Plan under the Provisions of the Environmental Planning & Assessment Act.

ATTACHMENTS

1. Draft Policy 7.5 – Notification of Development Applications

RECOMMENDATION

THAT: 1. The draft notification of development applications policy be placed on public

exhibition for a period of 28 days. 2. Any submissions made on the draft policy be reported back to Council prior to

final adoption of the policy.


ITEM-9 ENVIRO - 08/09/14 - NOTICE OF PLANNING ASSESSMENT COMMISSION MEETING - COALPAC INVINCIBLE COLLIERY MODIFICATION 4 AND CULLEN VALLEY MINE MODIFICATION 2


SUMMARY

To advise Council of a Planning Assessment Commission Meeting for the Coalpac Invincible Colliery Modification 4 and Cullen Valley Mine Modification 2 to be held on 17 September 2014.

COMMENTARY

Correspondence has been received from the Planning Assessment Commission NSW notifying Council of a Public Planning Assessment Commission Meeting for the Coalpac Invincible Colliery Modification 4 and Cullen Valley Mine Modification 2 projects. The meeting is scheduled to commence at 1:30pm Wednesday 17 September 2014 at the Cullen Bullen Progress Association Hall, 37-39 Castlereagh Highway Cullen Bullen. Due to the level of public interest in the proposals, the Commission will be meeting to hear public views on the Department’s Assessment Report and recommendation, prior to determining the proposals. This is a final opportunity for the public to comment on the Department’s assessment and recommended conditions of approval, before a decision is made. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Letter received from Planning Assessment Commission NSW Government.

RECOMMENDATION

THAT Council note the Notice of the Planning Assessment Commission Meeting for the Coalpac Invincible Colliery Modification 4 and Cullen Valley Mine Modification 2 to be held on Wednesday 17 September 2014 at the Cullen Bullen Progress Association Hall, 37-39 Castlereagh Highway Cullen Bullen.


ITEM-10 ENVIRO - 08/09/14 - REVISED RURAL LANDFILL CLOSURE PROGRAM


REFERENCE

Min No 11-435: Ordinary Meeting of Council held on 31 October 2011

SUMMARY

To advise Council of a proposed revision to its rural landfill closure program.

COMMENTARY

When Council considered its current rural landfill closure program in association with its waste and recycling strategy in October 2011 the following closure program was adopted.

Landfill Name Date of Proposed Closure Angus Place October 2011 Cullen Bullen October 2012 Wallerawang April 2013 Glen Davis September 2013 Portland April 2016 Capertee March 2018

Since that time the situation has often arisen where more life is able to be obtained from individual landfills and whilst this is mostly positive, it does make it difficult to properly finalise financial planning for final rehabilitation and transitioning to the construction of transfer stations at each individual site. In response to this Council has engaged a specialist consultant Geolyse to examine each of the rural landfills with Council’s Rural Tips Controller to re-calculate the life of each landfill and put in place a closure plan for each site which will provide the general specification for final rehabilitation. The Closure Plans are nearing finalisation, but the work to this point has been able to more accurately estimate a new closure timetable for each of the landfills. It would then be proposed to construct a rural transfer station at each site to coincide with the cessation of landfilling. The life of each of the individual rural landfills has been calculated as follows:

Landfill Estimated closure date Cullen Bullen 2016 Glen Davis 2019 Portland 2020 Wallerawang 2017 Capertee 2024


POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS Whilst the long term waste financial plan has provided estimated costs of transfer stations and rehabilitation costs, it will need to be altered to reflect the new estimated closure dates. LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council endorse the amendment to its waste and recycling strategy detailing the closure of its rural landfills in accordance with the following: Landfill Estimated closure date Cullen Bullen 2016 Glen Davis 2019 Portland 2020 Wallerawang 2017 Capertee 2024


ITEM-11 ENVIRO - 08/09/14 - CALLING IN OF DEVELOPMENT APPLICATION DA167/14 SHED - BATHURST STREET RYDAL

REPORT BY: A MUIR – GROUP MANAGER ENVIRONMENT AND DEVELOPMENT

SUMMARY

To inform Council of the ‘call in’ of a development application pursuant to Council policy.

COMMENTARY

A Development Application has been received for the establishment of a shed at Bathurst Street Rydal. This application is currently under assessment and the applicant has been requested to supply additional information in relation to various aspects for the assessment by Council. The application has been called in for determination by Councillor Hunter. The application has also been notified to surrounding landowners and placed on public exhibition. POLICY IMPLICATIONS This application has been called in pursuant to Policy 7.7 “Calling in of Applications by Councillors” Item 3 that states:

Should written notice, signed by a minimum of one (1) Councillor, be received by the General Manager prior to determination of a development application or development application/construction certificate, the application shall not be determined under delegated authority but shall be: Reported to the next Ordinary Meeting for the information of

Council that the development application or development application/construction certificate has been “called in”; and

Reported to an Ordinary Meeting of Council for determination.

This application is reported pursuant to the first dot point. FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS No specific implications at this point of the process.

RECOMMENDATION

THAT the calling in of Development Application No 167/14 be noted.


OPERATION REPORTS

ITEM-12 OPER - 08/09/14 - REPLACE STREET SWEEPER - BB90PU

REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

SUMMARY

Council is in receipt of two quotations received for the purchase of a street sweeper from Local Government Procurement contract number NPN04-13 & LGP1608-2. It should be noted that only two machines were listed on the procurement schedule. The recommendation is to purchase a MacDonald Johnston Sweeper.

COMMENTARY

The new sweeper will replace the current sweeper that is 5 years old. Council currently leases the existing machine and the lease finishes early December 2014. The following table details the make, model and price for the street sweepers that were offered:

Company Make Model Cost (inc GST) Rosmech Sales Scarab Merlin $337,056.50 MacDonald Johnston MacDonald Johnston VS651 $345,981.94

A demonstration of each machine was organised and Council’s operator participated in the demonstration. Council's plant mechanics also had the opportunity to check each machine submitted. The general consensus indicated that both machines were capable of performing the duties required of this specialised item of equipment. Council requested quotations for a single engine suction sweeper similar to the machine currently utilised and the single engine has worked very well over the past 5 years. Council only received two quotations as there are only two companies that manufacture the single engine sweepers. Both of the sweepers offered are mounted on Hino Cab/Chassis. The MacDonald Johnston is on a slightly larger cab/chassis with a 15,000kg GVM. The Scarab has a GVM of 14,000kg. The larger cab/chassis has slightly more power and torque. The main operational difference between the cab/chassis is the MacDonald Johnston is an automatic which is seen as being an advantage mainly when the relief operators are driving the machine. From a mechanical perspective, the larger cab/chassis has a full air braking system which is considered to be an advantage over the hydraulic system fitted to the smaller cab/chassis.


MacDonald Johnston have offered a 2 year warranty on the sweeper which is included in the price. The Scarab has a 1 year warranty as standard and an additional 1 year warranty at a cost of $5,500 (inc GST). Both cab/chassis have a 3 year warranty. The parts and service backup of both companies appears to be equal. The head office and main parts warehouse for Rosmech is in South Australia and the head office and main parts warehouse for MacDonald Johnston is in Victoria. Both companies have parts and service facilities in Western Sydney and the cab/chassis parts and service can be through any Hino dealer. Council’s Operator, Overseer, Leading Hand Mechanic and Plant Supervisor have been involved in the evaluation process. The street sweeper is part of the 2014/2015 plant replacement program. POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS Council is not required to tender for items listed on the Local Government Procurement Schedule LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council purchase one MacDonald Johnston VS651 Suction Street Sweeper for the price of $345,981.94, inclusive of delivery.


ITEM-13 OPER - 08/09/14 - TENDERS FOR THE CONSTRUCTION OF REPLACEMENT RAIL OVERBRIDGE, WALLERAWANG

REPORT BY: OPERATIONS MANAGER IAIN STEWART

REFERENCE

Min No 14-240: Ordinary meeting of Council held on 2 July 2014

SUMMARY

This report seeks a determination from Council to award a tender for the Construction of a replacement rail overbridge at Wallerawang.

COMMENTARY

Council has received a grant for $3.5m under the NSW Government’s Resources for Regions Program for the construction of a new rail overbridge at Wallerawang, to replace the existing Black Bridge. The detailed design for the new structure was undertaken by Cardno Pty Ltd. The proposed design includes a new 14.9m wide, 22.8m long single span bridge with a 100 year design life. The bridge and approaches can accommodate the swept paths of the longest general access vehicle as per RMS standards. The design was submitted to the Wallerawang Progress Association for review at the 30% and 100% stages. Following a call for expressions of interest, Council invited three (3) companies to submit tenders for the project, which includes the demolition of the existing bridge and the construction of a new bridge and road approaches. The companies invited to submit tenders were Abergeldie Complex Infrastructure, CivilBuild Pty Ltd, and Delaney Civil Pty Ltd. A non-compulsory pre-tender site meeting was held on Tuesday 8 July 2014, with representatives from all companies submitting tenders in attendance. Tenders for this project closed on Tuesday 22 July 2014. Tenders

Three (3) conforming tenders were received by the closing time/date of 2:00pm on 22 July 2014.

Tenderer Submissions Price (ex GST) Price (incl GST)

Abergeldie Complex Infrastructure $3,677,645.00 $4,045,409.50

CivilBuild Pty Ltd $3,924,463.45 $4,316,909.80

Delaney Civil Pty Ltd $3,698,653.00 $4,068,518.30

There were no non-conforming tenders received.


Evaluation Panel In accordance with Council’s Tendering Policy 1.4, a tender evaluation panel was formed to evaluate the tenders, consisting of:

• Iain Stewart, Group Manager Operations • Maddison Bailey, Project Engineer • Chris Schumacher, Works Manager • Paul Thompson, Senior Bridge Engineer, Cardno Pty Ltd

Selection Criteria

Each tender was evaluated according to the following criteria, in order of priority and weighting:

Criteria Weighting

1 Price 40%

2 Demonstrated Experience and Past Performance 20%

3 Understanding of the Requirement 20%

4 Key Personnel 10%

5 Demonstrated Capability and Capacity (Licences/Accreditations)

10%

Scoring System Each company was given a score from 0 – 10 for each selection criteria item using the following scoring system:

Score Definitive Answers

Value Judgement

Fails to meet the requirement. 0 Unsatisfactory

Unimaginative/No apparent economic benefit. Minimal Compliance.

2 Poor Moderately creative/benefits difficult to assess

Moderately satisfies the requirement. 4 Satisfactory

Worthwhile concept/may realise benefits. Partially satisfies the requirement.

6 Good Creative/enduring benefits over time.

Satisfies the majority of the requirement. 8 Very Good

Highly creative/enduring high benefits. Fully satisfies the requirement.

10 Excellent Exceptional/immediate & enduring high benefits.

Evaluation Summary – Qualitative Criteria

Each tenderer was assessed based on Qualitative Criteria, being Demonstrated Experience and past performance (20%), Understanding of the requirement (20%), Key Personnel (10%), and Demonstrated Capability and Capacity (10%), to give a total Qualitative Score of 60%.

Abergeldie Complex Infrastructure – Abergeldie demonstrated experience on projects of a similar scale in a rail environment. The tender displayed a comprehensive understanding of the project requirements and risks. The key personnel nominated for


the project are qualified and experienced in similar projects. SCORE = 8.67/10 WEIGHTED SCORE = 52/60

CivilBuild Pty Ltd – CivilBuild have experience in bridge construction and working with the rail corridor. Their tender demonstrated a good understanding of the requirements of the projects. SCORE = 7.33/10 WEIGHTED SCORE = 44/60

Delaney Civil Pty Ltd – Delaney Civil have impressive experience in bridge construction, however little experience working within the rail corridor. The CV’s submitted for key personnel demonstrate that the Delaney Civil team have the qualifications and experience to complete this project successfully. In addition, Delaney Civil is a certified demolition contractor and could complete the demolition of the existing bridge. SCORE = 7.89/10 WEIGHTED SCORE = 47.33/60

All three companies provided detailed tender documentation and addressed the relevant criteria. The Tender Evaluation Panel is of the opinion that all three companies could complete this project to a high standard.

Evaluation Summary – Price Component Price was given a score out of 10 based on the below formula:

Tenderer Abergeldie CivilBuild Delaney

Price ($) $3,677,645.0

0 $3,924,463.4

5 $3,698,653.0

0 Price Score /10 10.00 9.37 9.94 Weighted Price Score /40

40.00 37.48 39.77

Final Scores The scores for qualitative and price criteria were added to give a final total score.

Abergeldie CivilBuild Delaney

Qualitative Score /60 52.00 44.00 47.33

Price Score /40 40.00 37.48 39.77

Total Score /100 92.00 81.48 87.11

Available Funds The project is wholly funded under the NSW Government’s Resources for Regions Program, with a total project budget of $3.5 million Ex GST.


Current Expenditure on the project is as follows: Design $98,133.00 Ex GST Project Management $14,805.93 Ex GST Total $112,938.93 Ex GST An additional $30,000.00 Ex GST is required for Cardno to carry out inspections during the project and provide certification. Therefore, the remaining funding available for this project is $3,357,061.07 Ex GST. The cheapest tender, from Abergeldie Complex Infrastructure, was for $3,677,645.00 Ex GST. Therefore there is a funding shortfall of $320,583.93. Cardno have reviewed the tenders, and have concluded that if Council were to enter into negotiations with Abergeldie, cost savings of around 10% ($367,764.50) could be achieved. In addition, Cardno has advised that the provisional sum figures within the tender for $500,000.00 could be reduced to $275,000.00. Cardno are of the opinion that the contract could be negotiated down to $2,800,800.00 Ex GST. Recommendation of Tender Evaluation Panel Section 178 of the Local Government (General) Regulation 2005 stipulates that:

1) After considering the tenders submitted for a proposed contract, the council must either: a) accept the tender that, having regard to all the circumstances, appears to it to

be the most advantageous, or b) decline to accept any of the tenders.

3) A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following: a) postpone or cancel the proposal for the contract, b) invite, in accordance with clause 167, 168 or 169, fresh tenders based on the

same or different details, c) invite, in accordance with clause 168, fresh applications from persons

interested in tendering for the proposed contract, d) invite, in accordance with clause 169, fresh applications from persons

interested in tendering for contracts of the same kind as the proposed contract,

e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender,

f) carry out the requirements of the proposed contract itself. 4) If a council resolves to enter into negotiations as referred to in subclause (3) (e),

the resolution must state the following: a) the council’s reasons for declining to invite fresh tenders or applications as

referred to in subclause (3) (b)-(d), b) the council’s reasons for determining to enter into negotiations with the person

or persons referred to in subclause (3) (e). The tender evaluation panel recommends that Council decline to accept any tenders for the construction of the Replacement Rail Overbridge at Wallerawang.


POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council: 1. NOT accept any tenders for the construction of a replacement rail overbridge

at Wallerawang 2. Hold discussions with its consultants in relation to the specifications and pre-

qualifications of contractors 3. Once 2 above is satisfied retender for the project.


ITEM-14 OPER - 08/09/14 - WATER REPORT REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

REFERENCE

Min No 14-336: Ordinary Meeting of Council held on 18th August 2014

SUMMARY

This report provides an update on various water management issues as per Minute Number 14-336.

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, 25th August 2014 was 100% full. Oberon Dam capacity on Monday, 25th August 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 2013/2014. Table 3 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. 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

TOTAL 225 0 108


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




July 2013 93 0 44

August 2013 96 0 67

September 2013 102 0 73

October 2013 130 0 58

November 2013 106 0 61

December 2013 100 0 47

January 2014 111 0 109

February 2014 93 0 73

March 2014 62 0 68

April 2014 105 0 61

May 2014 118 0 59

June 2014 101 0 67

TOTAL 1,217 0 787

Table 3 - Oakey Park Monthly Output and Clarence Transfer 2012/2013




July 2012 107 0 53

August 2012 106 0 49

September 2012 115 0 55

October 2012 140 0 65

November 2012 140 5 62

December 2012 135 81 76

January 2013 146 73 68

February 2013 92 0 66

March 2013 114 0 81


April 2013 109 0 106

May 2013 123 0 62

June 2013 154 0 70

TOTAL 1,481 159 813

Oakey Park Water Quality Summary Oakey Park Water Treatment Plant is currently supplying water to Lithgow. No health-based ADWG values were exceeded for the period 9/8/2014 – 29/8/2014. 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 The FRWS is currently supplying water to Marrangaroo, Wallerawang, Lidsdale, Portland, Cullen Bullen, Glen Davis and Rydal with Lithgow prioritising back flow to the villages during certain periods whilst repairs are carried out to the Fish River Supply. No health-based ADWG values were exceeded for the period 9/8/2014 – 29/8/2014. Current Water Restrictions Update Level 1 restrictions are effective from Monday, 17th March 2014. Water Saving Schemes or Processes Update Council’s Rainwater Tank and Domestic Appliance Rebate Program continued with Council approving 2 applications for household appliance rebates and 0 applications for water tank rebates for the period 9/8/2014 – 29/8/2014. Dirty Water Complaints Nine (9) complaints were received during the period 9/8/2014 – 29/8/2014 concerning water quality issues in the following areas:

Wrights Road, Lithgow – Dirty Water - complaint was investigated and pipework was flushed.

Christina Street, Lithgow – Dirty Water - complaint was investigated and pipework was flushed.

Vale Street, Portland – Drinking water has too much chlorine - complaint was investigated and testing done, no problem was found.

Maple Crescent, Lithgow – Brown Water - complaint was investigated and pipework was flushed.

Landa Street, Lithgow – Strong chlorine Smell - complaint was investigated and no problem was found.

Caroline Avenue, Lithgow – Strong smell of bleach - complaint was investigated and no problem was found.

Laurie Street, Portland – Water is dirty - complaint was investigated and pipework was flushed.

Ridge Street, Portland – Film of residue - complaint was investigated and pipework was flushed.


Reserve Road, Marrangaroo – Cloudy Water - complaint was investigated and pipework was flushed.

FINANCIAL IMPLICATIONS NIL POLICY IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

RECOMMENDATION

THAT Council note the water report.


CORPORATE AND COMMUNITY REPORTS

ITEM-15 CORP - 08/09/14 - DISABILITY ACCESS PLAN REPORT BY: V GULABOVSKI - COMMUNITY DEVELOPMENT OFFICER

REFERENCE

Min No 14-66: Ordinary Meeting of Council held on 10 February 2014 Min No 14-250: Ordinary Meeting of Council held on 2 June 2014 Min No 14-285: Ordinary Meeting of Council held on 30 June 2014 Min No 14-320: Ordinary Meeting of Council held on 28 July 2014

SUMMARY

Following a 28 day public exhibition period of the draft Disability Access Plan 2014-18, this report recommends that Council adopts the Disability Access Plan 2014-2018.

COMMENTARY

The Disability Access Plan 2014-18 sets out Council’s commitment to making the Lithgow LGA a more welcoming and inclusive place for people with a disability. The plan aims to complement the directions of New South Wales and Australian Government policy and to help Council move towards a best practice model for access and inclusion planning. The plan contains a set of objectives and actions in relation to improving the accessibility of Council employment, buildings, services, facilities and parks, in order to provide better outcomes for people with a disability and their families. On the 30 June 2014 Council resolved that Council: 1. Note the Draft Disability Access Plan 2014-18 2. Place the Draft Disability Access Plan 2014-18 on public exhibition for 28 days 3. Extend its thanks to those who participated on the Disability Advisory Committee

and provided their time and expertise in the development of Disability Access Plan 2014-18.

The draft Disability Access Plan was placed on public exhibition for 28 days from 7 July 2014 to 8 August 2014. No submissions were received from the community. POLICY IMPLICATIONS In accordance with the terms of reference of S355 Committees of Council. FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Local Government Act NSW 1993


ATTACHMENTS

1. Disability Access Plan 2014-2018

RECOMMENDATION

THAT Council adopt the Disability Access Plan 2014-18 without amendments.


ITEM-16 CORP - 08/09/14 - REVIEW OF LITHGOW CITY COUNCIL POLICIES REPORT BY: J BROZEK - GROUP MANAGER CORPORATE AND COMMUNITY

REFERENCE

Min No 09-189: Ordinary Meeting of Council held on 9 May 2009 Min No 13-398: Ordinary Meeting of Council held on 25 November 2013

SUMMARY

This report provides Council with the remaining Policies from group 8 - Finance section for consideration. Following the outcome of a recent review of Council policies it recommends amendments to the Policy Register.

COMMENTARY

A review of Council policies has been completed by the Executive Management Team and there are a number of suggested changes to the Policy Register for Council’s consideration. It has been determined that a number of policies are no longer relevant or outdated due to the implementation of new processes or changes in legislation and as such are being recommended for deletion. In order to provide a clearer Policy Register it is proposed that all the policies be re-numbered. At the Ordinary Meeting of Council held on Monday 25 November 2013 it was resolved to review the recommended amendments to Council policies in sections, hence Policies 8.1, 8.3 and 8.5 are presented to Council for consideration.

Existing Policy

No.

Policy Name Proposed Changes New Policy

No. 8.1 Debt Recovery Minor amendments 8.4 8.3 Hardship Minor amendments 8.6 8.5 Pension Rebates Minor amendments 8.5

The proposed changes to these Policies are not considered to be major and therefore does not require public exhibition as they will only refine Council’s policy position. POLICY IMPLICATIONS The proposed changes will refine Council’s policy position. FINANCIAL IMPLICATIONS NIL


LEGAL IMPLICATIONS The policies have been reviewed in terms of legislative requirements and subsequently amendments have been made.

ATTACHMENTS

1. Policy 8.1 - Debt Recovery 2. Policy 8.3 - Hardship 3. Policy 8.4 - Pension Rebates

RECOMMENDATION

THAT Council: 1. ADOPT Policies

Debt Recovery Hardship Pension Rebates

2. Renumber the policies according to the schedule.


COUNCIL COMMITTEE MINUTES

ITEM-17 CORP - 08/09/14 - YOUTH COUNCIL MINUTES - 29 JULY 2014 REPORT BY: M JOHNSON - MANAGER COMMUNITY AND CULTURE

REFERENCE

Min No 14-99: Ordinary Meeting of Council held on 3 March 2014 Min No 14-169: Ordinary Meeting of Council held on 14 April 2014 Min No 14-215: Ordinary Meeting of Council held on 12 May 2014 Min No 14-290: Ordinary Meeting of Council held on 30 June 2014 Min No 14-341: Ordinary Meeting of Council held on 18 August 2014

SUMMARY

This report details the minutes of the Youth Council meeting held on 29 July 2014.

COMMENTARY

At the Youth Council meeting held on 29 July 2014 various items were discussed including:

PCYC Scholarship Program Youth Week 2015 Volunteering Youth Council work plan

FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Local Government Act NSW, 1993.

ATTACHMENTS

1. Minutes of the Youth Council meeting 24 June 2014.

RECOMMENDATIONS

THAT Council note the minutes of the Youth Council meeting held 29 July 2014.


ITEM-18 CORP - 08/09/14 - LITHGOW FLASH GIFT COMMITTEE - 4 AUGUST 2014

REPORT BY - R PARK – EVENTS COORDINATOR REFERENCE Min No 14-170: Ordinary Meeting of Council held on 14 April 2014 Min No 14-287: Ordinary Meeting of Council held on 30 June 2014 Min No 14-342: Ordinary Meeting of Council held on 18 August 2014

SUMMARY

This report details the Minutes of the Lithgow Flash Gift Committee Meeting held on 4 August 2014

COMMENTARY

At the Lithgow Flash Gift Committee held on 4 August 2014, there were numerous items discussed by the Committee including;

Sponsorship Update POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Minutes from the Lithgow Flash Gift Committee meeting of 4 August 2014.

RECOMMENDATION

THAT Council note the minutes of the Lithgow Flash Gift Committee held on the 4 August 2014.


ITEM-19 CORP - 08/09/14 - BLUE MOUNTAINS CROSSING COMMITTEE - 6 AUGUST 2014

REPORT BY - W HAWKES - CULTURAL DEVELOPMENT OFFICER

REFERENCE

Min No 14-216: Ordinary Meeting of Council held on 12 May 2014 Min No 14-293: Ordinary Meeting of Council held on 30 June 2014

SUMMARY

This report details the Minutes of the Blue Mountains Crossing Bicentenary Committee Meeting held on 6 August 2014.

COMMENTARY

At the Blue Mountains Crossing Bicentenary Committee held on 6 August 2014, there were several items discussed by the Committee including;

Hartley Date Signing Project Events Calendar update The development of a combined Coxs Road project between Lithgow, Oberon

and Bathurst Councils POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Minutes from the Blue Mountains Crossing Bicentenary Committee meeting of 6 August 2014.

RECOMMENDATION

THAT Council note the minutes of the Blue Mountains Crossing Bicentenary Committee held on the 6 August 2014.


ITEM-20 OPER - 08/09/14 - OPERATIONS COMMITTEE MEETING MINUTES - 7 AUGUST 2014

REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

SUMMARY

Details of the Minutes of the Operations Committee Meeting held on Thursday, 7th August 2014 for Council adoption.

COMMENTARY

At the Operations Committee Meeting held on Thursday, 7th August 2014 there were a number of items discussed by the Committee, with most items being actioned under the Committee’s delegated authority. Items discussed included:

Farmers Creek – Progress Update Footpath Extensions – James O’Donnell Drive, South Bowenfels & GWH (Vic) Bowenvista Estate - Drainage Project Completion Kerb & Guttering Projects 2014/2015 – Lidsdale Street Wallerawang & Hill Street

Lane Lithgow Gravel Re-Sheeting Program - Dunville Loop, Glen Alice Road, & Mt. Horrible

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

2014/2015 Infrastructure Levy Program – Roads Sealing Expenditure $220,000

THAT the following roads be adopted for bitumen resealing in the 2014/2015 program: Brook Street - $2,600 Pillans Road - $25,000 Ordnance Ave - Main Street to Malvern - $30,000 Old Bathurst Road – Great Western Highway to other side of creek crossing -

$30,000 Young Street Laneway - $2,400 Chifley Road Laneway - $6,000 Hayley Street – Hoskins Avenue to end - $7,000 Inch Street Laneway - $5,000 Marrangaroo Fields (ongoing) - $75,000 Curtin Place – eastern side - $12,000 Water Treatment Plant Road – Bells Road to Plant - $25,000

POLICY IMPLICATIONS NIL


FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Minutes of the Operations Committee Meeting held on 7 August 2014.

RECOMMENDATION

THAT: 1. Council note the minutes of the Operations Committee meeting held on 7

August 2014 2. APPROVE the following proposed road sealing programme totalling $220,000

for bitumen resealing in the 2014/2015 ILP: Brook Street - $2,600 Pillans Road - $25,000 Ordnance Ave - Main Street to Malvern - $30,000 Old Bathurst Road – Great Western Highway to other side of creek

crossing - $30,000 Young Street Laneway - $2,400 Chifley Road Laneway - $6,000 Hayley Street – Hoskins Avenue to end - $7,000 Inch Street Laneway - $5,000 Marrangaroo Fields (ongoing) - $75,000 Curtin Place – eastern side - $12,000 Water Treatment Plant Road – Bells Road to Plant - $25,000


ITEM-21 CORP - 08/09/14 - TOURISM ADVISORY COMMITTEE - 19 AUGUST 2014

REPORT BY - K BARROW – TOURISM MANAGER REFERENCE Min No 14-105: Ordinary Meeting of Council held on 03 March 2014 Min No 14-214: Ordinary Meeting of Council held on 12 May 2014 Min No 14-295: Ordinary Meeting of Council held on 30 June 2014

SUMMARY

This report details the Minutes of the Tourism Advisory Committee Meeting held on 19 August 2014

COMMENTARY

At the Tourism Advisory Committee held on 19 August 2014, there were numerous items discussed by the Committee that requires action from Council including;

Concept designs for billboards Operational Review of Lithgow Visitor Information Centre Destination Management Plan – Key Priorities Initiating an LGA Survey BMLOT Proposal to Lithgow Museums Group Heritage Display in the VIC Tourism Managers Report

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS NIL

ATTACHMENTS

1. Minutes from the Tourism Advisory Committee meeting of 19 August 2014


RECOMMENDATION

THAT Council 1. Note the minutes of the Tourism Advisory Committee held on the 19 August

2014. 2. The Lithgow Visitor Information Centre continues the operating hours of 9am-

5pm with closing on Christmas Day. 3. Staff to further identify and implement the following opportunities for further

revenue generation; Retail opportunities Reduced Merchandise Box Online Retail Opportunities Wholesaling Opportunities.


ITEM-22 ENVIRO - 08/09/14 - UNION THEATRE MANAGEMENT COMMITTEE MINUTES - 21 AUGUST 2014

REPORT BY: A MUIR - GROUP MANAGER ENVIRONMENT AND DEVELOPMENT

SUMMARY

This report presents the minutes of the Union Theatre Management Committee Meeting held on 21 August 2014.

COMMENTARY

At the Union Theatre Management Committee Meeting held on 21 August 2014, there were a number of items discussed which are outlined in the attached minutes. These Items included:

Stairs Northern side of Dressing Room Maintenance Issues Location of temporary dressing rooms Access for Committee Members DA Plans – Preparation for submission of DA

None of the items require a resolution of Council

ATTACHMENTS

1. Minutes of the Union Theatre Management Committee Meeting held on 21 August 2014.

RECOMMENDATION

THAT Council note the minutes of the Union Theatre Management Committee Meeting held on 21 August 2014


ITEM-23 OPER - 08/09/14 - SPORTS ADVISORY COMMITTEE MEETING MINUTES - 26 AUGUST 2014

REPORT BY: I STEWART - GROUP MANAGER OPERATIONS

REFERENCE

Min No 14-344: Ordinary Meeting of Council held on 18 August 2014

SUMMARY

This report details the Minutes of the Sports Advisory Committee Meeting held on 26 August 2014.

COMMENTARY

At the Sports Advisory Committee held on 26 August 2014, there were numerous items discussed by the Committee including:

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:

Financial Assistance Requests

THAT Council provide Shakaya with $400 toward the cost of participating in the Western Conference U/11 Hockey Team, the Catholic Girls Polding Hockey Team and the NSW PSSA side.

ATTACHMENTS

1. Minutes from the Sports Advisory Committee meeting of 26 August 2014.

RECOMMENDATION

THAT Council: 1. Note the minutes of the Sports Advisory Committee held on 26 August 2014. 2. Provide Shakaya with $400 toward the cost of participating in the Western

Conference U/11 Hockey Team, the Catholic Girls Polding Hockey Team and the NSW PSSA side.


NOTICES OF MOTION

ITEM-24 NOTICE OF MOTION - 08/09/14 - DRAFT LOCAL ENVIRONMENTAL PLAN - LITHGOW CITY COUNCIL- COUNCILLOR M TICEHURST

REFERENCE

Extraordinary Meeting of the Lithgow City Council 3 February 2014 – various Resolutions. Ordinary Meeting of the Lithgow City Council 24 March 2014 – various Resolutions.

COMMENTARY

Q. Could the General Manager and/or Senior Council Officers provide a report to Councillors at this Council Meeting on the current status of the Lithgow City Council Draft Local Environmental Plan and if known, any further delays or the date when it may finally be approved by the Department of Planning and subsequently gazetted?

RECOMMENDATION

THAT the General Manager and/or Senior Council Officers provide a report to Councillors at this Council Meeting on the current status of the Lithgow City Council Draft Local Environmental Plan and if known, any further delays or the date when it may finally be approved by the Department of Planning and subsequently gazetted.


ITEM-25 NOTICE OF MOTION - 08/09/14 - LITHGOW CITY COUNCIL POLICY AND/OR GUIDELINES ON SHOPPING LOCALLY - COUNCILLOR M TICEHURST

COMMENTARY

Could the General Manager and/or Senior Council Officers provide a report to Councillors at this Council Meeting on what is the Council’s Policy and/or Guidelines on the Council Shopping Locally for it’s various goods and services?

RECOMMENDATION

THAT the General Manager and/or Senior Council Officers provide a report to Councillors at this Council Meeting on what is the Council’s Policy and/or Guidelines on the Council Shopping Locally for it’s various goods and services.


ITEM-26 NOTICE OF MOTION - 08/09/14 - SLIPS AND FALLS ON FOOTPATH PAVERS IN MAIN STREET LITHGOW - COUNCILLOR M TICEHURST

COMMENTARY

Could the General Manager and/or Senior Council Officers provide a report to Councillors at this Council Meeting on it’s awareness, reports and claims made following Slips and Falls on Footpath Pavers in Main Street, Lithgow?

RECOMMENDATION

THAT the General Manager and/or Senior Council Officers provide a report to Councillors at this Council Meeting on it’s awareness, reports and claims made following Slips and Falls on Footpath Pavers in Main Street, Lithgow.


ITEM-27 08/09/14 - EXCLUSION OF NOTICE OF MOTION

SUMMARY

A Notice of Motion has been deemed to be unlawful and excluded from the business paper in accordance with Clause 240 of the NSW Local Government (General) Regulation 2005.

COMMENTARY

The General Manager is in receipt of a Notice of Motion (NOM) presented for this meeting of Council. The matter has been determined by the General Manager to be unlawful and therefore the NOM has not been included as part of the business paper for this Council meeting. In accordance with Clause 240 of the NSW Local Government (General) Regulation 2005 the General Manager must report such exclusions to the next meeting of Council. The relevant section of the Regulation is: Clause 240 Agenda and business papers for council meetings

(1) The general manager must ensure that the agenda for a meeting of the council states: (a) all matters to be dealt with arising out of the proceedings of former

meetings of the council, and (b) if the mayor is the chairperson-any matter or topic that the

chairperson proposes, at the time when the agenda is prepared, to put to the meeting, and

(c) subject to subclause (2), any business of which due notice has been given.

(2) The general manager must not include in the agenda for a meeting of the council any business of which due notice has been given if, in the opinion of the general manager, the business is (or the implementation of the business would be) unlawful. The general manager must report (without giving details of the item of business) any such exclusion to the next meeting of the council.

POLICY IMPLICATIONS NIL FINANCIAL IMPLICATIONS NIL LEGAL IMPLICATIONS Local Government (General) Regulations 2005


RECOMMENDATION

THAT Council note the report on the exclusion of a Notice of Motion due to them being declared unlawful and therefore excluded from the Business Paper in accordance with Clause 240 of the NSW Local Government (General) Regulation 2005.


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.

8 September 2014 - Agendaarchive.lithgow.nsw.gov.au/agendas/14/0908/140908_agenda.pdf · election...

Documents

Transcript of 8 September 2014 - Agendaarchive.lithgow.nsw.gov.au/agendas/14/0908/140908_agenda.pdf · election...