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137 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] Page 1 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor UNCONFIRMED MINUTES Oberon Council Ordinary Meeting Tuesday 15 October 2019 Commencing at 5.30pm at the Oberon Council Chambers

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137 Oberon Street PO Box 84 Oberon NSW 2787 Telephone: (02) 6329 8100 Fax: (02) 6329 8142 Email: [email protected] Email: [email protected]

Page 1 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

UNCONFIRMED MINUTES Oberon Council Ordinary Meeting Tuesday 15 October 2019 Commencing at 5.30pm at the Oberon Council Chambers

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 2 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Agenda Items page 1. OPENING OF MEETING ......................................................................................................... 3

2. ACKNOWLEDGEMENT OF COUNTRY .................................................................................. 3

3. PRAYER .................................................................................................................................. 3

4. RECORD OF ATTENDANCE .................................................................................................. 3

5. DECLARATIONS OF INTEREST ............................................................................................. 4

6. PRESENTATIONS................................................................................................................... 4

7. QUESTIONS FROM THE PUBLIC .......................................................................................... 4

8. CONFIRMATION OF MINUTES .............................................................................................. 6

9. MAYORAL MINUTE AND REPORT ........................................................................................ 7

09.01 MAYORAL MINUTE AND REPORT ............................................................................ 7

09.02 CONSTITUTION OF GENERAL MANAGER PERFORMANCE REVIEW PANEL ....... 7

10. NOTICES OF MOTIONS ......................................................................................................... 8

10.01 REQUEST FOR UPDATE – WORK AT THE COMMON .............................................. 8

11. COUNCILLOR AND DELEGATES REPORTS ......................................................................... 8

11.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING 11 SEPT 2019....... 8

11.02 OBERON ARTS COUNCIL – 25 SEPTEMBER 2019 .................................................. 8

12. COMMITTEE REPORTS ......................................................................................................... 9

12.01 OBERON YOUTH COUNCIL ...................................................................................... 9

12.02 TRAFFIC ADVISORY LOCAL COMMITTEE ............................................................... 9

13. REPORTS FOR DECISION ................................................................................................... 10

13.01 ELECTION ARRANGEMENTS FOR THE CONDUCT OF THE 2020 LOCAL

GOVERNMENT ELECTIONS ................................................................................... 10

13.02 2018/19 AUDITED FINANCIAL STATEMENTS ........................................................ 11

13.03 COMMUNITY PARTICIPATION PLANS ................................................................... 11

13.04 CTA INTERNAL AUDIT COMMITTEE ...................................................................... 12

13.05 TOWN IMPROVEMENT LEVY REVIEW ................................................................... 13

13.06 PROPOSED MULCHING HEAD ATTACHMENT PURCHASE EXCAVATOR ........... 13

13.07 POLICY REVIEW – 4105 KERB AND GUTTER CONSTRUCTION ........................... 15

13.08 DROUGHT COMMUNITIES PROGRAMME – EXTENSION PROJECT .................... 15

14. REPORTS FOR INFORMATION ........................................................................................... 15

14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER ........................................ 15

14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT ........................... 16

14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES ..................................... 16

14.04 MONTHLY ACTIVITY REPORT – CORPORATE SERVICES ................................... 17

14.05 STATEMENT OF INVESTMENTS ............................................................................ 17

14.06 GRANTS MONTHLY UPDATE ................................................................................. 17

14.07 WATER USAGE – DROUGHT ASSISTANCE........................................................... 18

14.08 WATER AND SEWER PLANT REPORT................................................................... 18

14.09 INTERNAL CONTRACT AND PROJECT MANAGEMENT AUDIT UPDATE ............. 19

15. URGENT BUSINESS ............................................................................................................. 19

16. CLOSED SESSION / CONFIDENTIAL REPORTS ................................................................ 19

16.01 LAND PURCHASE REQUEST BRIEN ROAD OBERON ........................................... 19

17. CLOSURE OF MEETING ...................................................................................................... 21

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 3 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

1. OPENING OF MEETING

The Mayor welcomed members and declared the meeting open at 5.30pm.

2. ACKNOWLEDGEMENT OF COUNTRY

Council acknowledges that this meeting is being held on the traditional lands of the Wiradjuri and Gundungurra People, and respects the history and culture of the elders both past and present.

3. PRAYER

The Meeting was opened in prayer by Clr Ian Doney.

4. RECORD OF ATTENDANCE

Members Mayor Kathy Sajowitz (in the Chair) Clr Don Capel Clr Ian Doney Clr Kerry Gibbons Clr Brenda Lyon Clr Clive McCarthy Clr Mick McKechnie Clr Andrew McKibbin

Staff Gary Wallace, General Manager Shane Wilson, Planning and Development Director

Lynette Safranek, Corporate Services Director Chris Schumacher, Technical Services Director

Sharon Swannell, Executive Coordinator Leave of Absence Deputy Mayor Mark Kellam Moved: Doney Second: McKibbin That the leave of absence of Deputy Mayor Mark Kellam be noted and apologies be accepted for his absence. Carried 01 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 4 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

5. DECLARATIONS OF INTEREST

File No: Governance/Councillors/Declarations of Interest

Pecuniary - Nil

Non-Pecuniary Significant

- Nil

Non-Pecuniary Less than Significant

- Nil

6. PRESENTATIONS

Nil

7. QUESTIONS FROM THE PUBLIC

Maree Arrow – I would like to congratulate Council on the relocation of the Community Technology Centre to the library. I have volunteered at the CTC, on and off, since 2005. And while it’s a wonderful resource for the town I think its current location has held it back from being more fully used by the community. It’s been out of sight, out of mind and out of the way. While you can advertise courses and activities, such as the regular Thursday afternoon troubleshooting help available at the CTC, it’s much better to have things highly visible and in people’s faces. Something that wasn’t easy when the CTC was hidden away at the back of the Visitors Information Centre and almost three blocks away from the Main Street. As real estate agents and business owners would say, its location, location, location. The CTC is a facility for the Oberon community, not for tourists, and yet its position at the back of the Information Centre links it, in the minds of many, I think, with tourist information. And local people don’t tend to drop in to the Visitors Information Centre - they generally don’t need to. So, positioning this facility, and its coordinator, in the much more central location of the library, is a very sensible move. Not only is it logical to have information technology services housed with other information services, it will pick up much more passing trade from the community as they use the library and become much more aware of services available from the CTC. There’s also the potential for exciting possibilities arising out of the synergy generated by having the librarian and the CTC coordinator working together under the same roof. The volunteers appreciated having the chance to discuss proposed changes to the CTC in October last year, and again this year, with Community Services director Lynette Safranek. We were also able to have an input into the move and the changes involved. I think both the CTC and the CTC coordinator have been under - utilised resources in Oberon. I’m sure that this move will give the facility a lot more exposure and make this resource much more integrated. I encourage Council to advertise the change, and the facilities offered, in a targeted and ongoing way. The move offers the CTC a fresh start and the opportunity to experiment with new ideas in a vibrant, well patronised community setting.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 5 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Sig Sovic – Clr McKibbin proposed that for the SRV audit the councillors as a body would have the material say on scope and purpose of the audit. At the September Meeting this was voted down by Councillors with the help of the Mayor using the casting vote. The audit was to determine if practices of the General Manager’s own organisation were delivering acceptable outcomes for the ratepayers for the SRV. It has to be very peculiar circumstances if head of organisation to be performance audited is given the final right to determine the audit instructions. The audit of Councils finances is done for and reported to the councillors. Private companies auditors are hired by and report to the owners, not the CEO. If councillors as a body is not even willing to undertake to determine the specifications for operational audits such as the SRV, or perhaps feel unqualified to do so it’s a very poor look for council. My second comment is about the TI fund. I wrote to the General Manager two month ago, making a point that on formal, published evidence council appeared not to know what money was in the fund nor what amounts could be allocated. There is an attempt in the business paper to retroactively reconcile the fund. It was expected that the fund would have some $700k unallocated in it, but this amount turned out to be less than $100k. $600k has spent on unbudgeted or unfunded items. I ask the Mayor for a list with the description of each unplanned and unbudgeted item that has been charged to TI from 2015 to end of 2019. I also ask the Mayor to please let me know what procedural or management issues caused such unplanned, unbudgeted use of this fund and what actions the Council has instituted to remedy these unacceptable practices. Keith Sullivan – I would like to speak about the relocation of the CTC. I stand on the opposite side and represent people who are very concerned about the transfer of the CTC. This same group of people go back a lot longer than 2005. These are the people who got it off the ground, vision was that it would also be a training centre. At one stage we looked at talking to the Department of Education and offering opportunities for TAFE instead of apprentices going away using technology locally to deliver their training. The computers at library were put in on the pretext they were there for the community no conflict. Lot of people with mobile homes, caravans etc. use these computers, they are used 7 days per week. In the proposed move, where will we park caravans etc. at the library how are we going to deal with the conflict of training occurring in the library? Again this Council has forgotten the past. People are interested in CTC, because they are no longer available to be actively involved they are forgotten. Many are not happy with way it’s been running there but its been doing a fantastic job. Unless you are available to do something you need to shut up. It’s the wrong move. It is seen as a move to justify spending more money on the hub. The library is not big enough to have a CTC and a library working together. I would like to know where was the consultation – there was none. There are a privileged few in the know and the rest of us are supposed to just go along. The Mayor responded and advised that the computers for tourists and visitors are still located in the Visitor Information Centre and there is no plan to move them, they are staying at the VIC and are public access computers which are still free of charge. Keith Sullivan replied they were used for training, it just makes so much sense to leave it, we don’t have an area big enough to combine two operations and make them work better.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 6 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Robyn Wiseman addressed council and expressed her thanks for the sports grounds. I can see where Council is putting the seating. I would like to suggest down the road as we have in other parks a barbeque/picnic area. I was sitting there the other night and I was thinking what a lovely area. A lot of people go and sit there, people play and do training. If we had a barbeque area as well the sports area would be utilised a bit more than what it is. Hardy Draheim – tonight papers show grim picture. Is the council out of control? Hundreds of thousands of dollars spent without authorisation. $120,290 was received from state library, Council’s trial balances obtained via a GIPA request confirm only $120,000 on Council’s books. The General Manager states the balance is there, this is nonsense. Council’s accounting system is accurate to the cent it’s never rounded. Has council lost $290? I think so either through sloppy accounting or mismanagement. The Centium report told you first and tonight’s business papers confirm to me Houston we have a big problem. Like the board of a company, councillors are mandated. Project management and cost control are all councillor activities, councillors have failed. Councillors may be culpable. Councillors need to stand up instead of allowing yourselves to be brow beaten by GM Wallace. To continue on this path may lead to dismissal of some senior council staff. It is my view serious questions must be asked by the councillors. Questions were put to GM Wallace regarding the TI fund, have not been answered. Are the answers just too embarrassing and incriminating. After this same ominous fund had not been reconciled for 10 years. Despite annual internal and external audits many projects used TI funds, coinciding with your appointment as Mayor. I am calling on councillors to step up. Keith Sullivan addressed Council regarding water. Some 10 – 12 years ago the water situation was five times worse than it is today. There was no supply agreement with the State Government. Council had an ongoing battle with the Government over who was buying what and who they were selling it to. Council was able to negotiate an agreement at that time. Clr Fitzpatrick fully understood the industry was going to grow and we needed to have in the supply agreement the ability to access increased water so we can actively pursue additional industries. I understand there is now a new agreement. I did write and ask for details. In the past the community knew what the contract was, who could draw what, when we could ask them to leave the dam. It was always believed that the water for the industry was underwritten and guaranteed. I ask that the Mayor write something in the column to inform the community. I didn’t know there was a new agreement signed. If you people think we have a water problem now you ought to look back at what we had then.

8. CONFIRMATION OF MINUTES

Ordinary Meeting 17 September 2019

Moved: McCarthy Second: Capel That the Minutes of the Ordinary Meeting held on 17 September 2019 be confirmed. Carried 02 151019 Division: Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 7 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Matters Arising from the Minutes

Nil

9. MAYORAL MINUTE AND REPORT

09.01 MAYORAL MINUTE AND REPORT

File No: Governance/Meetings/Ordinary Author: Clr Kathy Sajowitz, Mayor

Summary

This report summarises the main activity for the Mayor since my last report.

Moved: McCarthy Second: Capel That Report Item 09.01 is received as information. Carried 03 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

09.02 CONSTITUTION OF GENERAL MANAGER PERFORMANCE REVIEW PANEL

File No: Personnel/General Manager Author: Mayor Kathy Sajowitz

Summary

The General Manager Performance Review has previously been conducted by a “Whole of Council” Panel. To comply with enforceable Office of Local Government Guidelines under Section 23a of the Local Government Act, Oberon Council needs to consider a panel as prescribed under the said Act.

Moved: McKibbin Second: Doney That Council reappoint a “whole of Council” Performance Review Panel to conduct the Annual Performance Review of the General Manager. Carried 04 151019 Division:

Votes for: Sajowitz; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Capel

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 8 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

10. NOTICES OF MOTIONS

10.01 REQUEST FOR UPDATE – WORK AT THE COMMON

File No: Parks and Reserves/Planning/Parks Author: Clr Clive McCarthy

Moved: McCarthy Second: McKibbin That Oberon Council receive a report from General Manager, Gary Wallace to why it has taken from November 2018 to June 2019 to have garden beds organised at The Common and why some type of water supply was not incorporated and why the base was done twice. Carried 05 151019 Division: Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

11. COUNCILLOR AND DELEGATES REPORTS

11.01 OBERON BUSINESS AND TOURISM ASSOCIATION MEETING 11 SEPTEMBER 2019

File No: Economic Development/OBTA Author: Mayor Kathy Sajowitz

Summary

Clr Sajowitz, General Manager Gary Wallace and Tourism & Economic Development Manager Mat Webb attended the meeting held at the Oberon Golf Club on Wednesday 11 September 2019 commencing at 6.00pm.

Moved: Capel Second: McKibbin That report item 11.01 is received as information. Carried 06 151019 Division: Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

11.02 OBERON ARTS COUNCIL – 25 SEPTEMBER 2019

File No: Community Relations/Consultation/Oberon Arts Council Author: Clr Sajowitz /Mayor

Summary

Councillor Sajowitz attended the last meeting of the Oberon Arts Council (OAC).

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 9 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Moved: Capel Second: McKibbin That report item 11.02 is received as information. Carried 07 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

12. COMMITTEE REPORTS

12.01 OBERON YOUTH COUNCIL

File: Governance/Meetings/OYC Author: Lynette Safranek, Corporate Services Director

Summary

The Oberon Youth Council (OYC) meeting is held on the fourth Wednesday of each month, except for January. This report provides an update from meetings held in September 2019, as well as any other activities that have been undertaken.

Moved: Doney Second: McKibbin That receive report item 12.01 be received as information. Carried 08 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

12.02 TRAFFIC ADVISORY LOCAL COMMITTEE

File: Governance/Meetings/Traffic Advisory Local Committee Author: Rebecca Burgess, Technical Services Administration

Summary

Minutes of the Traffic Advisory Local Committee Meeting held on 3 October 2019 are submitted for Council’s information and endorsement.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 10 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Moved: McKibbin Second: Gibbons That: 1. The Minutes of the Traffic Advisory Local Committee Meeting held on 3 October 2019 be

endorsed.

2. Council endorse the Oberon Bicycle Road Race being held on 24 May 2020, subject to further approvals being obtained by the event organisers from NSW Police and Transport for NSW in accordance with the applications submitted and conditions applied to the event.

3. Council endorse the Six Foot Track Marathon being held on 14 March 2020, subject to conditions applied to the event.

Carried 09 151019 Division: Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13. REPORTS FOR DECISION

13.01 ELECTION ARRANGEMENTS FOR THE CONDUCT OF THE 2020 LOCAL GOVERNMENT ELECTIONS

File No: Governance/Elections/Local Government Author: Gary Wallace, General Manager

Summary

Councils are required to make a decision on the administration of the 2020 Local Government Elections by 1 October 2019 or soon thereafter and are required to enter into an arrangement with the Electoral Commissioner (the Commissioner) to administer their elections no later than 1 January 2020.

Moved: McKibbin Second: Capel That: 1. Pursuant to S296(2), (3) and (5A) of the Local Government Act 1993 (NSW) (“the Act”) that an

election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Oberon Council.

2. Pursuant to S296(2), (3) and (5A) of the Act, as applied and modified by S18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Oberon Council.

3. Pursuant to S296(2), (3) and (5A) of the Act, as applied and modified by S18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Oberon Council.

Carried 10 151019

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 11 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.02 2018/19 AUDITED FINANCIAL STATEMENTS

File No: Financial Management/Audit/2018-2019 Author: Theresa Boyd, Acting Chief Financial Officer; Lynette Safranek, Corporate Services Director

Summary

The 2018/19 Audited Financial Statements show a net operating result of $4.671 million, with Revenue of $21.733 million and Expenses of $17.062 million. This is an increase of $583,000 on Councils 2017/18 result and an increase in cash movement of $1.032 million.

Moved: McKibbin Second: Capel That Council: 1. Accept the 2019/20 Audited Financial Statements in accordance with Section 413 (3) the

annual financial report is in accordance with the Local Government Act 1993 (as amended) and the Regulations made there under; the Australian Accounting Standards and professional pronouncements; and the Local Government Code of Accounting Practice and Financial Reporting; presents fairly the Council’s operating result and financial position for the year, and accords with Council’s accounting and other records; and Council is not aware of any matter that would render this report false or misleading in any way.

2. Delegate the Mayor, Deputy Mayor, General Manager and the Corporate Services Director to sign the 2018/19 Audited Financial Statements when the Audit Office Review has been received and there are no material changes required.

3. Place the Audited Financial Statements on public exhibition until 15 November for comment. Carried 11 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.03 COMMUNITY PARTICIPATION PLANS

File No: Governance/Policies Author: Shane Wilson - Planning & Development Director

Summary:

This report is for the purpose of endorsing the draft Community Participation Plans (CPPs) as required under the Environmental Planning and Assessment Act 1979 (the Act) and place it on public exhibition. All applicable NSW planning authorities (including councils) will be required to have the final version of their first CPP published on the NSW Planning Portal by 1 December 2019.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 12 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Moved: Capel Second: McKibbin That Council endorse the Community Participation Plan and place it on public exhibition for not less than 28 days. Carried 12 151019 Division: Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.04 CTA INTERNAL AUDIT COMMITTEE

File No: Governance/Meetings/CTA Internal Audit Committee Author: Lynette Safranek, Corporate Services Director

Summary Following a review of the structure and functions of the Central Tablelands Alliance (CTA) Audit Committee, this report proposes the re-establishment of the Committee from November 2019.

Moved: McKibbin Second: Doney That Council:

1. Endorse the re-establishment of an Audit, Risk and Improvement Committee (ARIC) in partnership with Lithgow City Council from November 2019.

2. Endorse the appointment of Mr Phillip Burgett & Mr Neil Maltby as independent ARIC members for the remaining term of Council, to September 2020.

3. Note that the Mayor will be Council’s voting member of the CTA ARIC at the November meeting.

4. Note that a further report will be provided at the earliest opportunity to endorse the draft CTA ARIC Charter and seek nominations for the appointment of a Councillor voting member of the CTA ARIC.

Carried 13 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 13 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

13.05 TOWN IMPROVEMENT LEVY REVIEW

File No: S:/Governance/Meetings/October 2019 Author: Lynette Safranek, Corporate Services Director

Summary

Council staff have completed a review of the $1.4m Town Improvement Levy held in externally restricted and 2019/20FY budget allocations. This report outlines funds that are non-expended, allocated to projects yet to be completed, funds remaining from projects completed, or funds that need to be allocated to a project.

Moved: McKibbin Second: McCarthy That: 1. Report item 13.05 be received for information.

2. The General Manager report back to Council with a proposal to allocate non-expended funds to projects identified in the current Community Strategic Plan.

Carried 14 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

13.06 PROPOSED MULCHING HEAD ATTACHMENT PURCHASE EXCAVATOR

File No: Plant Author: Chris Schumacher – Director Technical Services & Peter Morgan – Technical Services Manager

Summary

Council has had increasing requests for the pruning of trees on local rural roads where safe clearance tolerance within the travel space of heavy vehicles has created concern for the safety of the travelling public. Traditionally Council staff have either used chainsaws or used an excavator to break the limbs back with the branches and debris being transported to the tip. The cost of these operations can be significant and require repeated work on a cyclic basis. Typically it is required to have at least two men with chainsaws and wood chipper, an excavator and three trucks to handle a reasonable sized project. With the purchase of a mulching head it would give advantage to a reasonably simple task to use the excavator to recycle branches into chip and leave the chip on the road reserve to form mulch and eventually disintegrate into the soil.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 14 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Moved: Gibbons Second: McKibbin That the item be dealt with in two parts. Carried 15 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil Moved: Gibbons Second: McCarthy That Council proceed to purchase a FAE Forestry Mulcher with Fixed Tooth Rotor in the sum of $56,410.00 ex. GST. Carried 16 151019 Moved: McCarthy Second: Capel That Council reallocate funds from the Sealed Roads Maintenance and Unsealed Roads Maintenance budgets into the Plant Fund for the purchase of a FAE Forestry Mulcher with Fixed Tooth Rotor. Amendment Moved: Doney Second: That the purchase of a FAE Forestry Mulcher be deferred pending Council staff preparing a case study report on acquisition of the forestry mulcher comparing a) leasing, b) balancing plant sale and c) outright purchase. The amendment lapsed for want of a seconder, the original motion stands. Moved: McCarthy Second: Capel That Council reallocate funds from the Sealed Roads Maintenance and Unsealed Roads Maintenance budgets into the Plant Fund for the purchase of a FAE Forestry Mulcher with Fixed Tooth Rotor. Carried 17 151019 Division:

Votes for: Sajowitz; Capel; Doney; Lyon; McCarthy; McKechnie; McKibbin Votes against: Gibbons

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 15 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

13.07 POLICY REVIEW – 4105 KERB AND GUTTER CONSTRUCTION

File No: Governance/Policies Author: Chris Schumacher, Technical Services Director

Summary

The current Kerb and Gutter Construction Policy endorsed in August 2008 has been reviewed and updated by staff.

Report item 13.07 was withdrawn prior to being considered by Council. An amended report item 13.08 was tabled for consideration, replacing the report item provided in the Business Papers.

13.08 DROUGHT COMMUNITIES PROGRAMME – EXTENSION PROJECT

File No: Governance/Grants Author: Shane Wilson – Planning & Development Director

Summary

This report is to provide an update on the Drought Communities Programme (DCP) - Extension grant and seek allocation of funds to parts of the grant.

Moved: McKibbin Second: Capel That Council: 1. Acknowledge the finalisation of the Drought Communities Programme (DCP) – Extension. 2. Approve the allocation of internally restricted reserves, $96,421 – Section 94 Emergency

Services Rural Development contribution for the overspend and additional funding required for the community bore project.

Carried 18 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14. REPORTS FOR INFORMATION

14.01 MONTHLY ACTIVITY REPORT – GENERAL MANAGER

File No: Governance/Meetings/Ordinary Author: Gary Wallace, General Manager

Summary

This report item summarises the main activity by the General Manager since the September 2019 Council Meeting. Items include Human Resources, Workplace Health & Safety, Community Activity, Regional Issues, Executive Management Team Meetings and planned activities.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 16 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Moved: McKibbin Second: Doney That report item 14.01 is received as information. Carried 19 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.02 MONTHLY ACTIVITY REPORT – PLANNING & DEVELOPMENT

File No: Governance/Meetings/Ordinary Author: Shane Wilson, Planning and Development Director

Summary

This report item summarises the main activity in the Planning and Development Department since the September 2019 Council Meeting.

Moved: McKibbin Second: Capel That report item 14.02 is received as information. Carried 20 151019

14.03 MONTHLY ACTIVITY REPORT – TECHNICAL SERVICES

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Technical Services Director

Summary

This report provides a summary of the completed works for September 2019 and proposed works in the Technical Services area for the month of October 2019.

Moved: McKibbin Second: Doney That report item 14.03 be received as information. Carried 21 151019 Division: Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 17 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

14.04 MONTHLY ACTIVITY REPORT – CORPORATE SERVICES

File No: Governance/Meetings/Ordinary Author: Lynette Safranek, Corporate Services Director

Summary

This report provides a summary of work within the Corporate Services Department during September 2019, plus planned activities for the upcoming months.

Moved: Capel Second: Doney That report item 14.04 is received as information. Carried 22 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.05 STATEMENT OF INVESTMENTS

File No: Financial Management/Investments/Register Author: Lisa Koleda, Management Accountant; Lynette Safranek, Corporate Services Director

Summary

This report provides Council with the Statement of Investments as at 30 September 2019.

Moved: McKibbin Second: Capel That Council receive report item 14.05 as information. Carried 23 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.06 GRANTS MONTHLY UPDATE

File No: Governance/Grants/September 2019 Author: Gillian Salmon, Grants Coordinator

Summary

This report provides a summary of Grant Funding applications and submissions, both internal and external, during September 2019.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 18 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Moved: McKibbin Second: McCarthy That report item 14.06 is received as information. Carried 24 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.07 WATER USAGE – DROUGHT ASSISTANCE

File No: Water Supply/Monitoring/Water Standpipe Author: Gary Wallace, General Manager

Summary

This report outlines the take up of drought assistance (water usage) for the period 6 September to 4 October 2019 and provides a summary of the drought assistance provided to the Oberon community since its introduction on 16 May 2018.

Moved: Gibbons Second: McCarthy That report item 14.07 be received for information. Carried 25 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.08 WATER AND SEWER PLANT REPORT

File: Governance/Meetings/Ordinary Author: Chris Schumacher, Works and Engineering Director

Summary Providing a summary of Oberon Council LGA water consumption and sewerage treatment processes for the month of September 2019 and Water NSW Oberon Dam Raw Water Quality Report update.

Moved: Gibbons Second: McKibbin That report item 14.08 is received as information. Carried 26 151019

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 19 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

14.09 INTERNAL CONTRACT AND PROJECT MANAGEMENT AUDIT UPDATE

File No: S:/Governance/Ordinary/October Author: Lynette Safranek, Corporate Services Director

Summary

This report provides Council with an update on the progress of the Management Actions following the Contract and Project Management Audit reported to Council in July 2019.

Moved: McKibbin Second: Capel That report item 14.09 is received as information. Carried 27 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

15. URGENT BUSINESS

Nil

16. CLOSED SESSION / CONFIDENTIAL REPORTS

Summary

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.

16.01 LAND PURCHASE REQUEST BRIEN ROAD OBERON

File No Roads/Agreement/General Author: Chris Schumacher Director Technical Services

This item is classified CONFIDENTIAL under 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.

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 20 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Moved: McKibbin Second: McCarthy That: 1. Council resolve into Closed Council to consider business identified, together with any late

confidential reports tabled at the meeting.

2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public be

excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Section 10A(2) as outlined above.

3. The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.

Carried 28 151019 Division: Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil Council moved into Closed Session at 08.17pm. Members of the public left the meeting at this point in time.

16.01 LAND PURCHASE REQUEST BRIEN ROAD OBERON

File No Roads/Agreement/General Author: Chris Schumacher Director Technical Services

Moved: McKibbin Second: McCarthy That:

1. Council agree to close the 1,944sq/m of surplus road reserve and sell it off to the adjoining property owners of Lot 20 in DP 860460 in accordance with the attached Valuer Generals price guide of $6.41sq/m.

2. The 1,944sq/m shall be consolidated into Lot 20 DP 860460, and shall not be permitted to have any separate building entitlement.

3. The land anomaly located on the north eastern corner of Lot 20 that protrudes into Councils existing road reserve be dedicated to Oberon Council by the owner of Lot 20 in collaboration to the sale of the 1,944sq/m of existing road reserve.

4. All costs associated with survey, Title amendments and legal expenses be at the applicants full cost.

5. That confirmation by way of survey be provided to verify the location of the bore is within the boundary of the land.

Carried 29 151019 Division:

Votes for: Sajowitz; Capel; Doney; Gibbons; Lyon; McCarthy; McKechnie; McKibbin Votes against: Nil

Oberon Council – Unconfirmed Minutes – Ordinary Meeting – 15 October 2019

Page 21 of the Minutes of the Ordinary Meeting of Oberon Council held on Tuesday 15 October 2019. ___________________________ ____________________________ General Manager Mayor

Open Council resumed at 8.20pm. The Mayor advised that resolution 29 151019 was made while the meeting was closed to the public. There were no members of the public present.

17. CLOSURE OF MEETING

The Mayor declared the meeting closed at 8.20pm. The next Ordinary Meeting of Oberon Council will be held on Tuesday 19 November 2019 commencing at 5.30pm in the Oberon Council Chambers, 137 – 139 Oberon Street, Oberon.