Agenda 31 October 2016archive.lithgow.nsw.gov.au/agendas/16/1031/161031-agenda.pdf · ITEM-9 ENVIRO - 31/10/16 - DA154/16 PSYFARI 5 DAY MUSIC FESTIVAL 2016 DEBREIF OF EVENT 29 OPERATION

A CENTRE OF REGIONAL EXCELLENCE

AGENDA

ORDINARY MEETING OF COUNCIL

TO BE HELD AT

THE ADMINISTRATION CENTRE, LITHGOW

ON

31 OCTOBER 2016

AT 7.00pm

AGENDA

ACKNOWLEDGEMENT OF COUNTRY APOLOGIES PRESENT CONFIRMATION OF THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON 10 OCTOBER 2016 CONFIRMATION OF THE MINUTES OF THE EXTRA ORDINARY MEETING OF COUNCIL HELD ON 19 OCTOBER 2016 DECLARATION OF INTEREST PUBLIC FORUM PRESENTATIONS Nil MAYORAL MINUTES Mayoral Minute STAFF REPORTS General Managers Reports Environment and Development Reports Operation Reports Corporate and Community Reports NOTICES OF MOTION Proposed Summit on Mental Health Issues in Lithgow Local Government Role of Mayor 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

MAYORAL MINUTES 4

ITEM-1 MAYORAL MINUTE – 31/10/16 - RECRUITMENT OF GENERAL MANAGER

4

GENERAL MANAGERS REPORTS 5

ITEM-2 GM – 31/10/16 – ACTING GENERAL MANAGER DELEGATIONS TO ACTING AND REMUNERATION

5

ITEM-3 GM – 31/10/16 – CHRISTMAS AND NEW YEAR CLOSURE 6

ENVIRONMENT AND DEVELOPMENT REPORTS 8

ITEM-4 ENVIRO – 31/10/16 - PROPOSED AMENDMENT TO LITHGOW LOCAL ENVIRONMENTAL PLAN 2014

8

ITEM-5 ENVIRO - 31/10/16 - PROPOSED REMOVAL OF SPRINGVALE LOCALITY

12

ITEM-6 ENVIRO - 31/10/16 - PROPOSED ROAD NAME CHANGE BRIDGE STREET TO ESKBANK STREET

16

ITEM-7 ENVIRO – 31/10/16- INVINCIBLE COLLIERY- SOUTHERN EXTENSION PROJECT

21

ITEM-8 ENVIRO – 31/10/16 - UPDATE OF THE JOINT USE AND MANAGEMENT AGREEMENT FOR THE WALLERAWANG INDOOR SPORTS STADIUM AND OTHER ASSOCIATED MATTERS

25

ITEM-9 ENVIRO - 31/10/16 - DA154/16 PSYFARI 5 DAY MUSIC FESTIVAL 2016 DEBREIF OF EVENT

29

OPERATION REPORTS 34

ITEM-10 OPER- 31/10/16 - WATER REPORT 34

CORPORATE AND COMMUNITY REPORTS 38

ITEM-11 CORP - 31/10/16 - COUNCIL INVESTMENTS HELD TO 30 SEPTEMBER 2016

38

ITEM-12 CORP – 31/10/16 - SELECTIVE TENDER 0515 - LITHGOW BLAST FURNANCE MASTERPLAN WORKS

42

ITEM-13 CORP – 31/10/16 REQUEST FOR RELIEF FROM EXCESS WATER USAGE CHARGES

46

NOTICE OF MOTION 48

ITEM-14 NOTICE OF MOTION – 31/10/16 - PROPOSED SUMMIT ON MENTAL HEALTH ISSUES IN LITHGOW LOCAL GOVERNMENT AREA

48

ITEM-15 NOTICE OF MOTION – 31/10/16 - ROLE OF MAYOR 49

BUSINESS OF GREAT URGENCY 50

31 October 2016 AGENDA – ORDINARY MEETING OF COUNCIL

Page 4

MAYORAL MINUTES

ITEM-1 MAYORAL MINUTE – 31/10/16 - RECRUITMENT OF GENERAL MANAGER

REPORT BY: MAYOR – COUNCILLOR STEPHEN LESSLIE

SUMMARY

To initiate a process for the recruitment of a General Manager for Lithgow City Council.

COMMENTARY

Following the Council’s decision to terminate the contract of the previous General Manager it will now be necessary to put in place a recruitment process seeking the most appropriate candidate to fulfil the position. There are a number of recruitment firms specialising in the recruitment of senior staff and also a service provided by Local Government New South Wales. Naturally Council will be seeking the most capable and qualified person for the job as well as a robust and transparent process. In order to initiate the process it is suggested that the Council delegate the authority to the Mayor and Deputy Mayor to obtain expressions of interest from up to 3 external parties providing a methodology and price for the recruitment of a new General Manager. POLICY IMPLICATIONS There are no specific policy implications FINANCIAL IMPLICATIONS The engagement of a recruitment consultant will incur expenditure which is difficult to determine at this stage. However, it would be envisaged that the process would cost between $10,000 and $20,000. There is no budget currently set for this purpose and as such Council should authorise the expenditure. LEGAL IMPLICATIONS Part 2 of Chapter 11 of the Local Government Act 1993 outlines the staffing requirements of councils including the appointment of a General Manager.

RECOMMENDATION

THAT Council delegate authority to the Mayor, Councillor Stephen Lesslie and Deputy Mayor, Councillor Martin Ticehurst to seek expressions of interest from three external parties to conduct a process for the recruitment of a general manager for Lithgow City Council and that Council authorised expenditure of up to $20,000 for this purpose.


Page 5

GENERAL MANAGERS REPORTS

ITEM-2 GM – 31/10/16 – ACTING GENERAL MANAGER DELEGATIONS AND REMUNERATION

REPORT BY: ANDREW MUIR – ACTING GENERAL MANAGER

SUMMARY

To provide appropriate delegations to the Acting General Manager, Mr Andrew Muir, for the carrying out of necessary delegable functions during the period when he will be acting in the role as Acting General Manager and provide the Mayor with the authority to negotiate an appropriate level of remuneration for this period.

COMMENTARY

Following Council’s decision to appoint Mr. Andrew Muir to the position of Acting General Manger it is necessary for the Council to delegate all the necessary functions to Mr. Muir for the period in which he will be occupying the position of Acting General Manager. As there also appears to be no direction on the level of remuneration to be paid and there is no obvious internal procedures to deal with such a unique situation, it would be appropriate to delegate authority to the Mayor to negotiate the level of remuneration for this period. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS Nil

RECOMMENDATION

THAT Council: 1. Delegate to the Acting General Manager, Andrew Christopher Muir, the

authority to exercise all discretionary functions that Council is capable of delegating and is not prohibited from so doing under section 377 of the Local Government Act, 1993, and also excluding any specific functions which Council has, by resolution, reserved to Council.

2. Delegates to the Mayor, Councillor Stephen Lesslie, authority to negotiate an appropriate level of remuneration to the Acting General Manager for this period.


Page 6

ITEM-3 GM – 31/10/16 – CHRISTMAS AND NEW YEAR CLOSURE

REPORT BY: A MUIR – ACTING GENERAL MANAGER

REFERENCE

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

SUMMARY

Council has closed part or all of its business over the Christmas to New Year period in past years and will again cease operations over this period from close of business on Friday 23rd December 2016 and reopen on Tuesday 3rd January 2017. The following arrangements have been decided on for the Christmas closure for 2016:

Council administration areas and depots will close for business from close of business on Friday 23rd December 2016 and will re-open on Tuesday 3rd January 2017.

Staff will have similar arrangements as previous years for leave. Outdoor staff will generally 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 advice to key clients. Essential Services Operating over Christmas/New Year

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

POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS Nil


Page 7

RECOMMENDATION

THAT Council note the report on the Christmas and New Year Closure for the 2016/2017 period.


Page 8

ENVIRONMENT AND DEVELOPMENT REPORTS

ITEM-4 ENVIRO – 31/10/16 - PROPOSED AMENDMENT TO LITHGOW LOCAL ENVIRONMENTAL PLAN 2014

REPORT BY: J NICHOLS – ACTING GROUP MANAGER ENVIRONMENT &

DEVELOPMENT

SUMMARY

The purpose of this report is to seek a Council resolution to prepare a Planning Proposal under S.55 (1) of the Environmental Planning and Assessment Act to amend Local Environmental Plan 2014 (LLEP2014), and forward the Planning Proposal to the Department of Environment and Planning for a Gateway Determination. The amendment is required to address an anomaly that has arisen in respect to the implementation of Clause 4.1, 4.1AA and 4.2C of the LLEP2014 for lots that have split zones and differing associated minimum lot sizes.

COMMENTARY

In the making of Lithgow Local Environmental Plan 2014, Council acknowledged different land capabilities and subdivision potential on some single larger allotments by applying more than one zone and minimum lot size across the lot. The land with the higher environmental value and lower capability was given an Environmental Protection Zone, or in some cases a rural zone, and a minimum lot size to prevent it from being further fragmented by future subdivision at a scale and intensity that would potentially reduce its environmental value and long-term protection and management. Whilst this is a reasonable planning approach and has been used in similar ways in other LEPs across the State, it does conflict with the literal interpretation and application of Clause 4.1 as required to be adopted by the Standard Instrument LEP. Clause 4.1 Minimum subdivision lot size, subclause (3) requires “The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum shown on the Lot Size Map in relation to this land”. The application of this clause prevents a lot that contains split zones and below the minimum lots sizes for subdivision in one of the applicable zones from all future subdivision. This is because not all resulting lots, including the residue lot, could achieve the required minimum lot size for that land as shown on the Lot Size Map. Refer to the example below.


Page 9

This was a non-intentional consequence of this clause and as such is an anomaly that requires rectification. This will require an additional clause to be inserted into Lithgow Local Environmental Plan 2014. The new clause will provide flexibility to ensure that future subdivision of developable land, particularly land in the urban context identified for future growth is not unduly restricted. Under the proposed amendment outlined below it would be clarified that the parcel would be able to be subdivided into lots having an area of not less than 800m² in the R2 zone and a residue lot containing at least 800m² of R2 Low Density Residential zoned land and all of the land within the E3 Environmental Management Zone. PROPOSED AMENDMENT This anomaly has been recognised by other local government areas across the State since the introduction of the Standard Instrument LEP who have now amended their LEP’s to insert an additional clause “Minimum lot size for certain split zones” to rectify the anomaly and provide certainty for intended future scale and intensity of development to be achieved. Similar based clauses can be found in the Bathurst Regional LEP 2014; Bega Valley LEP 2013; Lake Macquarie LEP 2014; Mid Western Regional LEP 2012; Tamworth LEP 2010; and Eurobodalla LEP 2012. It is proposed to prepare a Planning Proposal to amend the LLEP2014 by inserting a clause to:

Confirm the objective of the clause to provide for subdivision of lots that are within more than one zone but cannot be subdivided under Clause 4.1, 4.1AA or 4.2C and to ensure that subdivision occurs in a manner that promotes suitable land use and development.

Confirm that the clause applies to an original lot that is within a residential; village; business or industrial zone and also within a rural or environmental zone.

Include provisions to enable subdivision of split zone lands as follows:


Page 10

one of the resulting lots will contain:

land in a residential; village; business or industrial zone that has an area not less than the minimum lot size shown on the Lot Size Map in relation to that land, and

all of the land in any rural or environmental zone that was in the

original lot, and

all other resulting lots will contain land that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to that land.

and/or where a resulting lot is less than the minimum lot size shown on the Lot Size Map in relation to that land where the resulting lot contains land:

wholly within an environmental protection zone and is to be created for a public purpose (including drainage

purposes) and dedicated to Council; and

all other resulting lots will contain land that has an area that is not less than the minimum lot size shown on the Lot Size Map in relation to that land.

and

before granting consent to development that Council is satisfied that the

subdivision:

is not likely to have a significant adverse impact on the environmental values of the land, and

will not compromise the continued protection and long-term maintenance of any land in an environment protection zone, and

is not likely to have a significant adverse impact on the primary production value of land in a rural zone.

The wording of this clause will be further refined in the writing of the full Planning Proposal and will be subject to further legal drafting advice from Parliamentary Counsel should the proposal proceed beyond Gateway Determination. PROCESS OF AMENDING LOCAL ENVIRONMENTAL PLANS The plan making process normally involves the following key components:

The preparation of a Planning Proposal. (A Planning Proposal is a document that explains the intended effect of a proposal local environmental plan (LEP) and sets out the justification for making that plan.)

The issuing of a Gateway determination. (A Gateway Determination is assessed by the Regional office of the Department of Environment and Planning in the first instance and it specifies whether or not planning proposal is to proceed and if so, in what circumstances. The Gateway is a checkpoint for planning proposals before resources are committed to carrying out


Page 11

investigative research, preparatory work and consultation with agencies and the community.)

Community and other consultation on the planning proposal (as required; exhibition periods are either 14 days for low impact proposals or 28 days for all other proposals)

Finalising the planning proposal Drafting of the LEP legal instrument Making the plan Notifying the LEP on the NSW Government Legislation Website.

A flow chart detailing the LEP plan making process is provided in Attachment 1. Following a Gateway Determination some plan making powers (S. 59(2)-(4) statutory steps of the process) may be delegated back to Council to finalise should Council request it or where the matters are determined to be of local planning significance as determined by the Gateway. This would increase Councils involvement and decision making in the process and streamline the administrative processing and making of the plan. POLICY IMPLICATIONS Nil arising from this report FINANCIAL IMPLICATIONS Nil arising from this report LEGAL IMPLICATIONS The making of an Environmental Plan is required to be in accordance with Part 3 Division 4 of the Environmental Planning and Assessment Act, 1979.

ATTACHMENTS

1. Flowchart detailing the LEP plan making process.

RECOMMENDATION

THAT 1. Council prepare a Planning Proposal under S.55(1) of the Environmental

Planning and Assessment Act, 1979 to amend Lithgow Local Environmental Plan to insert a new clause (Minimum subdivision sizes for split zones) to enable subdivision of land containing more than one zone and minimum lot size currently restricted through operation of Clause 4.1, 4.1AA and 4.2C of the Plan.

2. Council delegate the authority to refer the Planning Proposal, once drafted, to the Department of Environment and Planning for a Gateway Determination under S. 56(1) of the Environmental Planning and Assessment Act, 1979 to the Acting General Manager.


Page 12

ITEM-5 ENVIRO - 31/10/16 - PROPOSED REMOVAL OF SPRINGVALE LOCALITY


DEVELOPMENT

REFERENCE

Min No 16-224: Ordinary Meeting of Council held on 29 August 2016

SUMMARY

To advise Council of the proposed removal of the locality of Springvale NSW 2790.

COMMENTARY

Background Council received representations from a property owner who has been assigned the property address, 804 Castlereagh Highway Springvale NSW 2790. “Springvale” being the official locality name of an area between Marrangaroo and Lidsdale (see attached Map 1). The landowner has experienced a number of issues with the delivery of parcels to the property, with postal services delivering them to the end of Springvale Lane and not at the access (and letter box) of the property, which is located off Great Western Highway in the locality of Marrangaroo (refer to Map 1). Council officers discussed these concerns with a NSW Land & Property Information (LPI) representative and it was suggested that the gazetted locality of Springvale be removed in order to resolve any existing confusion between the location of the access (Great Western Highway, not Springvale Lane) and the locality of the property (Springvale, not Marrangaroo). Resolving the problem would be beneficial in ensuring the accuracy of navigation, emergency response, service delivery and statistical analysis within the area. The proposed removal of the locality of Springvale and associated boundary adjustments to the localities of Marrangaroo and Lidsdale were referred to the Ordinary Meeting of Council held on 29 August 2016, from which it was resolved (Min No. 16-224):

THAT 1. Council undertake an expression of interest process calling for

submissions on the proposed removal of the locality of Springvale and associated adjustments to the boundaries of Lidsdale and Marrangaroo for a period of twenty eight (28) days through advertisement in the local newspaper; notification to authorities; and notification to affected residents.

2. If objections are received during the exhibition period a report be brought back to Council for consideration.


Page 13

3. If no objections are received during the exhibition period, Council proceed with the removal of the locality of Springvale and associated boundary adjustments to the localities of Marrangaroo and Lidsdale by notifying the NSW Geographical Names Board (GNB) for and notification in the Government Gazette. Once completed Council will notify the appropriate landowners and authorities of the change.

Accordingly, the proposed locality change was advertised for a period of 28 days and written notification was provided to surrounding landowners and the relevant authorities. Council received four written submissions during this period with the primary objections outlined below:

1. The proposed locality removal will result in one submitter’s property address changing to Marrangaroo. Council’s current records show the postal address of this property as being in Lidsdale.

Comment: The proposed locality removal will not result in any change to existing postal addresses, unless requested in writing by the landowner. The proposed locality removal will result in a change to the property address descriptions only. Council’s records for the subject property currently indicate:

The property address currently includes the locality of Marrangaroo.

There are a number of variable postal address records relating to the land, with the localities of Lidsdale and Marrangaroo both referenced.

However, to resolve these concerns, the proposed locality boundary adjustments of Marrangaroo and Lidsdale that are associated with the proposed removal of the Springvale locality have been amended to include this property within the new Lidsdale locality boundaries (Refer to Maps 2 & 3).

2. High costs in time and money are associated with changing

residential and business property addresses, including rebadging and notification.

Comment: The often high cost of changing property address records is acknowledged. Council provides written notification of property address changes to many government authorities (refer to attached Table 1) to alleviate some of these costs. No change to existing postal addresses is required, unless requested by landowners.

3. In geographical terms, the area around Marrangaroo straight and

the northern side of Tunnel Hill has always been known as Lidsdale or Springvale.

Comment: Tunnel Hill is a locally used reference only and is not a New South Wales gazetted locality/suburb. It is intended that Marrangaroo straight will remain the same and land located north of “Tunnel Hill” will be Lidsdale.


Page 14

4. Springvale is of historical and economic significance to the Lithgow Local

Government Area. It is representative of Australia’s mining history and the existing Springvale Mine provides a large amount of employment opportunities in the local area.

5. The Springvale locality provides the majority of electricity supply in New South Wales.

6. No problems have ever been experienced in regard to mail and deliveries in the Springvale locality.

7. The property address of concern, being 804 Castlereagh Highway Springvale NSW 2790, is located off a long driveway linking to the Great Western Highway in Marrangaroo. To avoid removing the locality of Springvale, it is suggested that the driveway be provided a new road name to avoid confusion with Springvale Lane.

Comment: The provision of a new name to the existing private access road of 804 Castlereagh Highway Springvale NSW 2790 is possible under Section 6.7.3 of the NSW Addressing User Manual 2015 in accordance with NSW Road Regulation 2008, however, it would not retain any status as a public road. Additionally, the property address would remain linked to the locality of Springvale and the existing confusion between Springvale and Springvale Lane may not be resolved.

Springvale The locality of Springvale currently includes all or part of a total of 24 properties, with only one (being the property of concern) currently utilising the locality of Springvale within its property address, as per the below:

18 Lidsdale 5 Marrangaroo 1 Springvale

Proposed Locality Changes Due to only one property currently utilising Springvale within the property address, the adverse concerns associated with emergency response to the problem property and existing issues with postal delivery, it is recommended that the locality of Springvale be removed and the locality boundaries of Marrangaroo and Lidsdale be adjusted in accordance with attached Maps 2 & 3.

The proposed changes in accordance with attached Maps 2 & 3 would involve three properties requiring a property address change:


Page 15

POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS To ensure that the addressing of properties within the Lithgow Local Government Area comply with New South Wales Addressing Policy No.2, 2015.

ATTACHMENTS

1. Maps and Table of Authorities notified

RECOMMENDATION

THAT Council proceed with the removal of the locality of Springvale and associated boundary adjustments to the localities of Marrangaroo and Lidsdale by notifying NSW Geographical Names Board (GNB) for approval and notification in the Government Gazette. Once completed Council will notify the appropriate landowners and authorities of the change.


Page 16

ITEM-6 ENVIRO - 31/10/16 - PROPOSED ROAD NAME CHANGE BRIDGE STREET TO ESKBANK STREET


DEVELOPMENT REFERENCE Min No 16-71: Ordinary Meeting of Council held on 18 April 2016 Min No 16-118: Ordinary Meeting of Council held on 16 May 2016 SUMMARY To advise Council of the proposed renaming of a portion of road located south of the intersection of Bridge Street, Eskbank Street and Pau Street from Bridge Street to Eskbank Street. COMMENTARY In 2015, Council received a submission from NSW Land & Property Information (LPI) which included any existing Property Addresses within the Lithgow Local Government Area that did not comply with New South Wales Address Policy No. 2, 2015, by NSW Geographical Names Board (GNB). The following properties located south of the intersection of Pau Street, Bridge Street and Eskbank Street (refer to attached Map 2) were identified as non-compliant as the existing addresses were incorrectly assigned to Eskbank Street.

Therefore, in accordance with the NSW Addressing Policy and in cooperation with LPI’s Address Upgrade Program a number of changes to the existing addressing of properties located within Bridge Street were proposed to the residents, from which a number of objections were received. Accordingly, the concerns and proposed property address changes were reported to the Ordinary Meeting of Council held on 18 April 2016, from which it was resolved:

THAT the status quo remain in the numbering of Eskbank Street, Lithgow. To support the resolution that the status quo remain, a Notice of Motion was put forward to the Ordinary Meeting of Council of 16 May 2016 by former Councillor Hunter and the following was resolved:

THAT Council apply to the Geographical Names Board for the following changes:

Bridge St be terminated at the junction of Pau St. and


Page 17

Eskbank St be extended South past the Pau Street junction approximately 50 metres to the end of the carriageway.

Ongoing Matters In accordance with Council’s resolutions no changes to the addressing of properties located off Bridge Street Lithgow have been made and the proposed road name change was referred to NSW Geographical Names Board (GNB) on 27 May 2016. Written comment was received on 27 June 2016 with the following advice:

“…the Geographical Names Board has no objection to the proposed road name change. However the property that will be addressed as “Hillcrest” off Eskbank Street, Lithgow, requires an official street number.”

In agreement with the GNB advice, the following property address changes within Bridge Street were proposed (refer to attached Map 3) and notified to affected residents on 8 August 2016.

Residents were provided a 14 day period to provide any written submissions to Council, during which time 4 submissions were received with the primary objections and recommendations outlined below:

1. Residents within existing Eskbank Street do not support the proposed changes as they could result in confusion for postal delivery, visitors, trades people, insurance cover and emergency services.

2. The use of a suffix in the proposed address changes is misleading. It indicates the properties may form part of a granny flat development, apartment complex or a battleaxe lot.

3. There are costs (time and money) associated with changing property address details. Council should provide reimbursement for the associated costs.

4. The property of “Hillcrest” Off Eskbank Street Lithgow NSW 2790 is clearly located within Bridge Street and some distance away from the intersection of Bridge Street, Eskbank Street and Pau Street. This property should be allocated the address of 1A Bridge Street to avoid inconvenience for residents located in Eskbank Street.

5. Where a property address number is required for record keeping by various services (such as telecommunication services), the residents and businesses located on the property of “Hillcrest” Off Eskbank Street Lithgow NSW 2790 often adopt the address of 2A Eskbank Street Lithgow NSW 2790. No problems have ever been experienced


Page 18

with the use of this address and it is recommended that this address be adopted.

6. The allocation of a new property address number to “Hillcrest” Off Eskbank Street Lithgow NSW 2790 is supported by its residents. Problems with postal delivery and visitors trying to locate the property have been experienced.

7. The portion of road located south of the intersection of Bridge Street, Eskbank Street and Pau Street, has always been recognised by residents as Eskbank Street. The proposed road name change to this portion of the street from Bridge Street to Eskbank Street should be adopted.

8. Although the property “Hillcrest” Off Eskbank Street Lithgow NSW 2790 is located on the “uneven” side of Bridge Street at this point of the road the street and functions as a cul-de-sac. The NSW Addressing User Manual permits sequential numbering in these circumstances.

9. The allocation of the address 1 Eskbank Street Lithgow NSW 2790 to “Hillcrest” Off Eskbank Street Lithgow NSW 2790 is unpractical and confusing, as the property is disconnected from the proposed property addresses of 3A and 3B Eskbank Street (refer to Map 3) by approximately 197 metres. This could result in delays in emergency response to the property.

Proposed Changes The NSW Addressing Committee was also notified of the proposed addressing changes and concerns and a written submission was received on 15 August 2016. The Committee supported points 4, 7 & 8 outlined above and therefore, the proposed changes are considered valid and practical. The NSW Addressing User Manual permits the address number of a property located at the end of a cul-de-sac to be sequential in accordance with Figure 6.6 (below) under Clause 6.2 General Principles of Numbering.


Page 19

Therefore, it is recommended that the proposed renaming of the portion of road located south of the intersection of Bridge Street, Eskbank Street and Pau Street be renamed from Bridge Street to Eskbank Street and that only the following property address change be made in accordance with attached Map 4.

POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS To ensure that the addressing of properties within the Lithgow Local Government Area comply with New South Wales Addressing Policy No.2, 2015. ATTACHMENTS 1. Maps RECOMMENDATION

THAT the portion of road located south of the intersection of Bridge Street, Eskbank Street and Pau Street, proposed to be changed by:

1. Commencing the online road naming process for this portion of road to “Eskbank Street” (as per attached Map 4), in accordance with the NSW Addressing User Manual. This will include advertisement in the local newspaper and requesting submissions on the proposed road name change and addressing changes.


Page 20

2. If submissions against the proposal are received, detail of the submissions will be reported back to a Council meeting for determination.

3. If no submissions against the proposal are received, Council will proceed with the online road naming process and gazettal of “Eskbank Street”. This includes notifying authorities and landowners of the outcome and address changes.


Page 21

ITEM-7 ENVIRO – 31/10/16 - INVINCIBLE COLLIERY- SOUTHERN EXTENSION PROJECT


DEVELOPMENT

SUMMARY

To advise Council of the Invincible Colliery- Southern Extension Project currently on exhibition with Department of Planning & Environment as a Part 3A Modification Application.

COMMENTARY

Castlereagh Coal has submitted a Modification Application under Section 75W of the Environmental Planning & Assessment Act 1979 (EP&A Act) to the existing Invincible Colliery approval of 2008 (PA07_0127). Although the original approval was sought through a repealed process (being Part 3A of the EP&A Act), under transitional provisions a modification using Section 75W can still be sought for approvals determined under Part 3A. The extension area is shown in Attachment 1 and is proposed by the Manildra Group in relation to supplying 300,000 tonnes of nut coal to the Shoalhaven Starched Plant while operating under the current approval of 1.2Mt per annum. The Southern Extension Project seeks minimal changes to the existing approval below:

The proposed modification seeks the following changes: An extension of the approval for another 8 years (currently due to lapse in

December 2016) No highwall mining proposed. Continued use of existing infrastructure onsite including maintenance work and

minor upgrades.


Page 22

Extending the disturbed open cut area (down to the Lithgow seam) by 50ha (total disturbed area to 215ha). The area of the southern extension has been subject to previous underground board and pillar mining of the Lithgow seam with only 37% to be recovered as part of the proposal. See Attachment 2 for a general indication of coal seams found within the Lithgow area.

Use of existing open cut voids and former underground workings for temporary water storage.

Rehabilitation of the proposed Southern Extension Area and all existing disturbed areas at Invincible with an updated strategy.

The proposed operations are to be undertaken in stages (represented in maximum production scenario) as below (See Attachment 3 for the map of changes in each stage): Stage 1: Mining during this period is closest to private residents and Cullen

Bullen with placement of overburden and land shaping activities. This also includes reshaping and rehabilitation of former open cut mining areas in the south. The northern and eastern voids in the former mining area will be used for temporary water storages as part of the Southern Extension project.

Stage 2: Later in the proposed mining and at the furthermost limit with overburden emplacement primarily in-pit behind the active face. During this stage the overburden will also be hauled to fill the north-eastern void in the former mining area. Significant areas of previous disturbance will have been reshaped and will be in various stages of rehabilitation

Final Landforms: No mining undertaken and final landforms/ rehabilitation works. Invincible Colliery has a long mining history and has been subject to previous applications on the site to extend current mining operations. See Attachment 4 for the mining history of the site and a comparison of the current proposal to previous extension proposals for this site to allow for context. The proposed Southern Extension project is of less impact to the environment and surrounding area whilst allowing for mining operation to recommence at the Invincible site. Assessment: Attachment 5 details the management and mitigation commitments proposed by the operators for this development in relation to potential impacts to the surrounding area. Dust: No private residences are predicted to experience levels above the air

quality assessment criteria. Blasting: Blasting is restricted to times between 9am to 5pm Monday to Saturdays

(excluding public holidays). Additional, the number of blasts per day is limited to 2 and 5 per week on a 12 month average. The criteria for blasting in relation to ground vibration, air blast and human comfort are not expected to be exceeded as part of this proposal. It will be requested that due to road closures the operators consult with school bus companies and ensure that routes are not disrupted substantially.


Page 23

Noise: One private residence is expected to be affected by noise during day time

with the intrusive noise limits modelled to be exceeded over the 40dB(A). Therefore voluntary mitigation measures with the landholder can be undertaken in accordance with the Landowner Acquisition & Mitigation Policy by Department of Planning & Environment 2014. However, the residence will not be within the exceedance to warrant an acquisition agreement with the landowner. As part of Council’s response it will be suggested that Council be advised of any mitigation measures requested or indicated by the landowner as part of the process.

Social: It is anticipated that 80% of employees will be sourced locally being a

positive social impact. Additionally the proposal is seeking to continue rehabilitation works onsite including existing disturbed areas previously mined. There is a potential net benefit of $8.8million to the local Lithgow and Mudgee areas if the proposal is approved including; suppliers, employees and indirect impacts. Lastly, the operators are open to discussions on a Voluntary Planning Agreement (VPA) with Council and it is suggested that this be placed in the submission to the Department to ensure that the VPA is entered into as part of the approval process.

Traffic: The proposal is for a maximum of 146 coal haulage loads per day between

7am to 9:30pm Monday to Saturday (excluding public holidays). This is broken into the following movements: 136 between the site and Mount Piper Power Station 10 between the site and Shoalhaven Starchers Point 7 between the site and Cullen Valley Mine 5 (heavy vehicle Class 3-12) for maintenance and deliveries.

POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS The Development Application is being assessed by the Department of Planning & Environment (DoPE) under Section 75W of the Environmental Planning & Assessment Act 1979. Council will make a submission on the Invincible Southern Extension Project as part of this process for the consideration of DoPE.

ATTACHMENTS

1. Southern Extension of Invincible Colliery location 2. Coal seam indication 3. Map of changes to occur in each Stage of the proposal 4. Invincible Mining History & comparison of extension to previous proposed

extensions 5. Management & Mitigation Commitments


Page 24

RECOMMENDATION

THAT: 1. The information on the proposed modification of Invincible Colliery being the

Southern Extension Project be noted. 2. Council provide a submission to the Department of Planning & Environment

detailing points of interest detailed in this report for their consideration and assessment of the Invincible Southern Extension Project.

3. The Mayor and Acting General Manager be delighted authority to negotiate a Voluntary Planning Agreement seeking contributions for expenditure on local community facilities.


Page 25

ITEM-8 ENVIRO – 31/10/16 - UPDATE OF THE JOINT USE AND MANAGEMENT AGREEMENT FOR THE WALLERAWANG INDOOR SPORTS STADIUM AND OTHER ASSOCIATED MATTERS


DEVELOPMENT

REFERENCE

Min 1008: Council Meeting 31 August 1998 Min 04-669: Council Meeting 15 June 2004 Min 06-47: Council Meeting 20 February 2006 Min 06-131: Finance and Services Committee Meeting 1 May 2006 Min 07-478: Finance and Services Committee Meeting 5 November 2007 Min 09-550: Council Meeting 14 December 2009 Min16-264: Council Meeting 10 October 2016

SUMMARY

This matter was reported to the Council meeting of the 10th October 2016, and was deferred pending attachment of the following legal documents:

Joint Use and Management Agreement for the Wallerawang Indoor Sports Stadium between the Minister for Education and Lithgow City Council

Licence Agreement for use of Car parking at Wallerawang Public School in conjunction with the use and operation of the Wallerawang Indoor Sports Stadium

Licence Agreement for use of Council land adjoining Wallerawang Public School for school playground.

Transfer Granting Easement for Right of Carriageway over Department of Education land giving access to the Wallerawang Indoor Sports Stadium and car parking at Wallerawang Public School.

This report provides an update of these matters and seeks Council’s endorsement of the four (4) agreements to allow finalisation of the matters.

COMMENTARY

The subject matters have had a long and protracted history. The finalisation and endorsement of each agreement is interdependent of the others and none were able to proceed until the plan of subdivision for the excision of the Wallerawang Indoor Sports Stadium and the adjoining sewer pumping station from the large Council owned Barton Ave site was registered. The finalisation of the subdivision was complicated by the proposed purchase of Council land by the Department of Education for extension to the Wallerawang School site, which involved complicated negotiations with the Department of Education and the Crown Solicitors Office and which in finality did not eventuate.


Page 26

Council’s legal representatives have been negotiating with the Crown Solicitors Office and the Department of Education to resolve matters to the satisfaction of all parties, and following the registration of the plan of subdivision in 2015, the final drafting of the legal agreements in relation to this matter was able to occur.

SITE LICENCE – WALLERAWANG PUBLIC SCHOOL In 2003 the Department of Education and Training (DET) approached Council to acquire an area of land to the north of the existing Wallerawang Public School for the purposes of developing a sporting field (full size soccer field). Valuations were obtained for the parcel of land and Council in November 2007 resolved to accept compensation to the value of $10,000 for land acquisition. In November 2007, Council approved a Development Application for the construction of a shed and the extensions to the sporting field subject to works not being carried out until the acquisition of the land and payment of compensation had been finalised. In 2008, the works on the sporting field were carried out resulting in part of the sporting field and associated drainage diversion banks being constructed on Council owned land. A subdivision plan was prepared to include the site extension within the school lot as well as create separate lots for the sewer pump station and indoor sports stadium and formalisation of access and parking through the creation of Right of Carriageway.


Page 27

Subsequent correspondence from the Crown Solicitors office in 2009 advised Council that the Minister for Education and Training did not support the acquisition of Part Lot 1 DP 1074586 for school purposes and therefore the purchase of the land would not be proceeding. The matter was then reported back to Council on the 14th December 2009, where Council resolved as per Minute 09-550 to:

a) Enter into a lease or appropriate agreement as advised by Council’s Solicitors with Wallerawang School with the approval of DET if required, to enable the use of the Council land adjoining Wallerawang Public School to the north for the following purposes: Extending the sporting field to its original approved size Temporary realignment of the school fence Ongoing use of the diversionary drainage banks

The lease/agreement would be terminated if and when Council identifies a defined use of the land or to otherwise dispose of the land. At this time the option of the school community purchasing the land could be further considered. The terms of the licence agreement is as follows:

a) 20yr Term + 20yr option commencing 1 Nov 2003 b) licence Fee $1per annum if demanded c) Hours: All hours throughout the School Term

JOINT USE MANAGEMENT AGREEMENT WALLERWANG INDOOR SPORTS CENTRE AND LICENCE AGREEMENT FOR CARPARK Draft documents for the joint use and management of the Wallerawang Indoor Sports Centre and carparking area were prepared by the Crown Solicitors in 2007. These documents have been reviewed by Council’s Solicitor, however were not able to be executed at that time as they were interdependent on the registration of the subdivision plan to formalise the Right of Carriageway. With the registration of the subdivision plan for the subject land, the Joint Use and Management Agreement and the licence agreement for the carpark can now be endorsed by Council for execution by the General Manager. The general terms of the Joint Use and Management Agreement for the Wallerawang Indoor Sports Centre are as follows:

a) 20yr Term + 20yr option commencing 1 Nov 2003 b) The Centre be managed by the Wallerawang Indoor Sports Association

Incorporated(WISA) c) WISA Hours of Operation: 4:00pm – 8:00pm Monday to Thursday and 4:00pm

Friday – 8:00am Monday d) Department of Education Hours of Operation: Exclusive Use weekdays during

school term 8:00am - 4:00pm (public holidays excepted) free of charge The terms of the licence agreement for the Carpark are as follows:

a) 20yr Term + 20yr option commencing 1 Nov 2003 b) Licence Fee $1per annum if demanded


Page 28

c) Hours 4:00pm – 8:00pm Monday to Thursday and 4:00pm Friday – 8:00am Monday

In addition to the above agreements, the Transfer Granting Easement (TGE) instrument is required to be endorsed by Council to give effect to the Right of Carriageway(R.O.W) over the Department of Education land, that provides legal access from Barton Ave to the Wallerawang Indoor Sports Centre. POLICY IMPLICATIONS In accordance with Council Policy 1.1 Acquisition and Disposal of Assets – Land (Council) – Leases – Legal Costs. Wallerawang Public School or their representative are responsible for all reasonable legal costs incurred by Council associated with the preparation of the licence agreement for the use of Council land for school purposes. FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS The agreement have been prepared and reviewed by Council’s Solicitor. The report does not recommend any actions inconsistent with Council’s legal obligations under any relevant legislation.

ATTACHMENTS

1. Joint Use and Management Agreement 2. Licence Agreement for Carparking at Wallerawang Public School 3. Licence Agreement for Use of Land Adjoining Wallerawang Public School 4. Transfer Granting Easement for Right of Carriageway

RECOMMENDATION

THAT Council: 1. Endorse the Joint Use and Management Agreement for the Wallerawang

Indoor Sports Stadium between the Minister for Education and Lithgow City Council.

2. Endorse the Licence Agreement for the car parking area at Wallerawang Public School in to be used in conjunction with the use and operation of the Wallerawang Indoor Sports Stadium.

3. Endorse the Licence Agreement for use of Council land adjoining Wallerawang Public School for school playground.

4. Endorse the Transfer Granting Easement to give effect to the Right of Carriageway over Department of Education land to provide access to the Wallerawang Indoor Sports Stadium and car parking at Wallerawang Public School.


Page 29

ITEM-9 ENVIRO - 31/10/16 - DA154/16 PSYFARI 5 DAY MUSIC FESTIVAL 2016 DEBREIF OF EVENT


DEVELOPMENT

REFERENCE

Min No 16-199: Ordinary Meeting of Council held on 8 August 2016

SUMMARY

To update Council on matters raised through the debrief meeting for the 2016, 5 day Psyfari Music Festival at Eurella, Upper Nile Road, Glen Alice.

COMMENTARY

On the 8 August 2016, Council considered DA154/16 a 5 day music festival at Lots 11, 12 & 3 DP755796, 602 Upper Nile Road, Glen Alice and resolved to approve the development proposal subject to conditions of consent. Summary of Event: The event was held from 25 August to 29 August 2016 for a maximum of 5000 patrons and 1000 crew, volunteers and artists. The event achieved a patron number of 3700 and staff number of 900. The festival was open to all ages and includes: cooking facilities, restaurants, food and merchandise stalls, workshops, kids’ zone, cinema, art gallery/exhibition spaces and games areas. There were a number of structures onsite including scaffolding, marquees, caravans and similar temporary structures and three main stage structures. The gates were open from 9am on the Thursday and performances starting at 12pm (with only two stages) and the event was in full operation from Friday night until 6pm Sunday. Attendees and performers were permitted to stay onsite until 12:00pm on Monday to allow a rest period. The event was BYO alcohol, as no licenced premises were onsite and no glass was permitted on the site. Toilets, water, food, and camp fires were provided for patrons’ onsite. The festival was powered by the use of generators, with lights, sound systems and food vendors using generators for the five days of the festival. Discussion: The following condition of consent was imposed on DA154/16:

76. Within two months after each music festival, the applicant is to arrange a meeting with government organisations including Lithgow City Council, NSW Police and Roads and Maritime Services. The purpose of the meeting is to discuss the previous music festival, measures employed to address traffic and safety impacts and future Psyfari music festivals.


Page 30

Therefore, the event coordinators arranged for a meeting with the landowners, Lithgow City Council, NSW Police, NSW Ambulance, Rural Fire Service and Roads and Maritime Services (RMS) to be held on 13 October 2016. The Mayor, Councillor Stephen Lesslie attended the debrief. With the exception of the RMS being an apology, all invited attendees were at the debrief and discussed the event in detail. Although it was apparent that the Police still held some concerns, the overall assessment was that of a positive event with some important comments/ improvements are summarised below: Roads and Maritime Services (RMS) Although an RMS representative was not present at the meeting the following comments were provided:

The organisers of the Festival made genuine efforts to ensure the safety of attendees, travelling to and from the festival. This included: o Requesting use of the RMS permanent VMS sites through the Blue

Mountains and on the major highways through to Capertee. The VMS displayed road safety messages relating to Police RBT and mobile drug testing (MDT) operations, driver fatigue and wildlife on roads.

o In accordance with RMS' recommendation, provided portable road safety VMS on the local roads leading to Capertee.

o Posting road safety messages on the Psyfari website and links to the NSW Centre for Road Safety website.

o Providing alcohol and drug testing to test attendees. This was an innovative response to concerns about impaired road users leaving the Festival and is a first (as far as RMS is aware) at a festival in the western region.

o Organised a one-off Driver Reviver facility at Capertee to service people travelling home from the festival.

RMS appreciates the efforts made by the event organisers. Psyfari Emergency Management co-ordinator The following improvements for next year’s potential Development Application and event were raised:

That signage at the intersecting roads should be arranged due to people not knowing the exact location of the proposal on certain roads and overshooting turnoffs forcing U-turns on local roads.

Although the security presence was adequate a better utilisation and organisation of security onsite would be beneficial.

To have paid dedicated fire response crews rather than volunteers for the entire event as this was a large strain on volunteers involved.

Reduce medical onsite available from 5pm onwards due to less patrons needing medical assistance.

Increase lighting between areas, especially between Zooloo stage and family areas.

CCTV did not achieve any additional security onsite and did not prove necessary. It is suggested that it not be required for future events.

Colbrow Medical Centre had 193 patients and only one patient transfer from the site was needed due to a reoccurring asthma patient.


Page 31

Communication between the festival and Police needs to be worked better for the future.

Psyfari Organisers

Thanked all involved with the Development Application and for attendance to the debrief meeting.

When comparing to other festivals (i.e. Defcon) the atmosphere of this event is completely different as it is a relaxed, family friendly, calmer type festival.

Lateness of the DA and submission from Police was an issue that did not allow for appropriate timing and organisation to deal with issues raised.

Media about potential cancellation of event may have attributed to the lower than expected attendance.

Landowners:

Need signage at the front of property for people locating event. Lodging the DA earlier may have lessened the difficulties found for the

event this year. Don’t want drugs coming to the site at all and thanked Police for their

involvement. Wanted police onsite for the festival and agreed to allow access, but

the offer was not taken up. Support police operations. Police setup was in front of RFS shed, and should be located in a

better position next year. Also to include allowances for locals using the roads so they are not always pulled over for testing etc.

The festival is a benefit to the area and brings more people and is good for the economy.

The event needs to be supported as a controlled festival, otherwise the area may see more illegal uncontrolled events within the local area which is not of a benefit to anyone.

NSW Ambulance

Colbrow Medical Centre was complimented by the NSW Ambulance Service as they worked together onsite.

Ambulance was onsite for the entire event, but need to review the following in the future: o Adequate staff coverage with staff travel distances o Timing of DA to allow for arrangement of staff onsite o GRN coverage for the radio system of Ambulance. Telstra

should be approached to organise for future events. Wet weather issues with vehicle access should be dealt with and

alternatives be arranged Security onsite was complimented. Needs to be discussions internally with the user pay outcomes and

meeting halfway with this process. The event needs a police presence such as supplied to ensure safety

and perception of safety.


Page 32

Rural Fire Service (RFS) Need to ensure that enough staff area available to be rostered on

when the event is being held. Having more time after approval to arrange this would be required.

Approximately 10 unauthorised camp fires were reported and attended to by NSW RFS and each fire extinguished safely, with no other issues onsite.

The event dealt with fire risks well this year in comparison to previous years and would like to see this maintained with more resources into the future.

NSW Police

Pleased with outcome that happened due to the original objection of Police which increased the onsite emergency management procedures of the event for a safer outcome.

Overwhelmed with the amount of illegal drugs seized as a result of the police procedures off site from the event at Glen Alice from 3700 patrons. o 81 drug detections o 31 with people with charged with possession o 5 people charged with potential drug supply

It seemed that the drugs attempted to be brought to the festival were from outside the area (people that were charged or detected), meaning these drugs were not normally available to the area and seeing new drugs to the area as well.

Issues with illegal drugs being thrown into the school adjoining the Police setup area

Large amount of police resources went into the event setup and could not commit to this into the future.

Need to address the state of the roads to the event as these are being travelled by people that do not normally travel country roads.

Need to address timing of the Development Application being submitted for future events to allow Police to organise staffing for the event.

Happy with the work of NSW Police and the improvements made by the event.

Council Officers

Operation and setup of the medical team onsite was very impressive and no doubt considered to be best practice

DA needs to come in earlier, at least 3 months minimum. Road works will need to be assessed for future events in relation to

possible pre & post event grading and/or contributions towards these works.

Driver Reviver initiative was good. Perhaps it could be extended to additional locations.

More shower facilities will be needed for future events. The festival may need to implement more hand washing facilities.


Page 33

The user pay system for policing will be something for the organisers and the Police to consider in future events that Council is unlikely to become involved in.

Is there any recognised number of security personnel for such an event?

Council would welcome a more collaborative approach to the development application process with the NSW Police for future events.

The applicant/organisers need to be more proactive on meeting conditions of consent.

Although there were differences between Council and the Police on the application, Council appreciated the effort of the Police operation

The only ‘complaint’ received by Council was in relation to the location of the Police operation at Capertee.

OTHER MATTERS

This debrief information can be used to assist in assessment of future development applications and organisation of any future events. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS Nil

RECOMMENDATION

THAT the information from the debrief meeting of 13 October 2016 for DA154/16 Psyfari Music Festival be noted.


Page 34

OPERATION REPORTS

ITEM-10 OPER- 31/10/16 - WATER REPORT

REPORT BY: I STEWART – GROUP MANAGER OPERATIONS

REFERENCE

Min No 16-265: Ordinary Meeting of Council held on 10 October 2016

SUMMARY

This report provides an update on various water management issues.

COMMENTARY

Current Dam Levels for Farmers Creek No. 2 Dam and Oberon Dam Farmers Creek No. 2 Dam level on Tuesday, 18 October 2016 was 100%. Oberon Dam level on Tuesday, 18 October 2016 was 100%. 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 2016/2017. 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 2014/2015 and 2015/2016. Table 1 - Oakey Park Monthly Output and Clarence Transfer 2016/2017


Page 35

Table 2 - Oakey Park Monthly Output and Clarence Transfer 2014/2015 & 2015/2016

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 1 October 2016 and 21 October 2016. Treatment Plants Monitoring Results Samples are taken on a monthly basis at various locations within the STPs and WTP. Nine samples were taken on 20 September 2016 and forwarded to Australian Laboratory Services (ALS) for testing. There was one (1) non-compliance at Portland STP, as detailed below in Table 3. All other test results complied with licence criteria. All test results are published on the Lithgow City Council website as required by the Protection of the Environment Operations Act 1997.


Page 36

Table 3 – Treatment Plants Monitoring Results

Fish River Water Scheme Water Quality Summary Fish River Water Supply is currently supplying water to Marrangaroo, Wallerawang, Lidsdale, Portland, Cullen Bullen, Glen Davis and Rydal. No health-based ADWG values were exceeded for the period 1 October 2016 and 21 October 2016. Current Water Restrictions Update Level 1 restrictions are effective from Monday, 17 March 2014. Water Saving Schemes or Processes Update Council’s Rainwater Tank and Domestic Appliance Rebate Program continued with Council approving two (2) applications for household appliance rebates and one (1) application for water tank rebates for the period 1 October 2016 and 21 October 2016. Filter Upgrade Works Works are progressing with the three remaining filters now prepared for epoxy coating and installation of underdrain system. Replacement media is to be installed by and filters operational by mid November 2016. Portland Sewerage Treatment Plant Augmentation This augmentation is a complex upgrade with the site constraints and operational requirements for the existing treatment plant still being enforced. Construction works are progressing. The main treatment tank concrete works have been completed. Albion Road has been transferred from Crown to Council and dedicated as a public road. Water Reticulation Complaints Three (3) complaints were received during the period 1 October 2016 and 21 October 2016 concerning water quality issues in the following areas. Testing of the water was undertaken at these locations.


Page 37

Details of water complaints made since September 2015 are displayed in the attachment. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Nil LEGAL IMPLICATIONS Nil

ATTACHMENTS

1. Water Quality Complaint Trend

RECOMMENDATION

THAT Council notes the water report.


Page 38

CORPORATE AND COMMUNITY REPORTS

ITEM-11 CORP - 31/10/16 - COUNCIL INVESTMENTS HELD TO 30 SEPTEMBER 2016

REPORT BY: M JOHNSON – ACTING GROUP MANAGER CORPORATE AND

COMMUNITY

REFERENCE

Min No 16-182: Ordinary meeting of Council held on 18 July 2016 Min No 16-228: Ordinary meeting of Council held on 29 August 2016 Min No 16-266: Ordinary meeting of Council held on 10 October 2016

SUMMARY

To advise Council of investments held as at 30 September in the 2016/17 financial year.

COMMENTARY

Council’s total investment portfolio, as at 30 September 2016 when compared to 31 August 2016, has increased by $1,038,634.50 from $25,308,503.93 to $26,347,138.43. While cash in Council’s bank account decreased by $1,310,188.34 from $1,353,587.45 to $43,399.11. There is an overall decrease in cash and investments of $271,553.84 since 31 August 2016. This is primarily due to general operational costs.


Page 39

The movement in Investments for the month of September 2016 were as follows:

If the movement in the bank account is negative, this is shown as a net redemption. If the movement in the bank account is positive this is shown as a net new investment. On the graph below historical and current investments to 30 September 2016 are shown.


Page 40

A large proportion of Council’s investments are held as restricted assets for specific purposes. Restricted assets may consist of externally restricted assets which must be spent for the purpose for which they have been received e.g. Water, Wastewater, Stormwater, Domestic Waste, Parking, or internally restricted assets which have been set aside by Council resolution. Some internal restrictions are held to fund specific liabilities such as employee leave entitlements and bonds and deposits. POLICY IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing funds. On 27 October 2014 Council adopted a draft of the Investment Policy as Policy 8.7 which includes the Minster’s Investment Order of 12 January 2011. FINANCIAL IMPLICATIONS Interest received for the month of September 2016 was $23,698.36. The year to date interest received is $168,916.90, $51,166.90 ahead of the year to date budget for interest received of $117,750.00. Interest is paid on the maturity date of the investment. The budget for interest income is determined by the average level of funds held and the rate of return. Adjustments to the budget estimate are processed through Council’s Quarterly Budget Review process. Interest Returns are determined by average funds invested and the rate of interest return. LEGAL IMPLICATIONS Investments are held in accordance with the Lithgow City Council's Investment Policy at the date of investing the funds. On 27 October 2014 Council adopted a draft of the Investment Policy as Policy 8.7 and investments will comply with this Policy which includes the following:


Page 41

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

14c(1) & (2)

RECOMMENDATION

THAT Investments of $26,347,138.43 and cash of $43,399.11 for the period ending 30 September 2016 be noted.


Page 42

ITEM-12 CORP – 31/10/16 - SELECTIVE TENDER 0515 - LITHGOW BLAST FURNANCE MASTERPLAN WORKS

REPORT BY: M JOHNSON – ACTING COMMUNITY AND CORPORATE GROUP

MANAGER

REFERENCE

Min No 15-177: Ordinary Meeting of Council held on 27 July 2015 Min No 15-261: Ordinary Meeting of Council held on 28 September 2015

SUMMARY

This report seeks a determination from Council to use the selective tendering process, pursuant to s166(b) of the Local Government (General) Regulation 2005, for the procurement of suitable contractors for Lithgow Blast Furnace Masterplan Works EOI 05/15.

COMMENTARY

Blast Furnace is visited by many local people as well as visitors to Lithgow and is a popular location for photography, filming and other recreational and cultural activities. It contains however a number of public safety risks including confined spaces, escarpments, uneven ground, holes, pits and tunnels. Council commissioned a study in 2014 to consider ways to improve visitor safety at this important heritage site without compromising public enjoyment; appreciation of its heritage values and recreation opportunities; and to develop a plan for the upgrade works. The aim is to promote cultural heritage tourism to Lithgow with Blast Furnace as the anchor for tours, events and performance and by incorporating Blast Furnace into a heritage trail linking other key heritage sites in Lithgow including Eskbank House, Eskbank Station and State Mine. The study documented the many significant public safety risks on the site and recommended that due to the significance of the heritage remains, risks should be managed by low impact works which will enable visitors to enjoy the view and interpret most parts of the site while restricting access to the highest risk areas only. The first stage of works, completed in early 2016, involved repair and conservation works to some structures on the site to ensure their continued safety for public access. Masterplan works are the next stage of works and include fencing, walkways, viewing platforms and interpretative signage and aim to improve visitor safety, enjoyment and appreciation of the Blast Furnace site. Masterplan works have been designed for Council by a heritage architect and approved by Council and the Heritage Council of NSW and were publicly exhibited by Council in mid-2015.


Page 43

Council has recently been advised by Senator Fiona Nash, Minister for Regional Development, of a successful $545,050 grant under the National Stronger Regions Fund Round 3 for Lithgow Blast Furnace Masterplan works. These grant funds, together with Council matching funds, will enable Masterplan works to proceed. Whenever a Council is required by s55 of the Local Government Act to invite tenders, Council must decide which of the following methods is to be used.

a) the open tendering method.(s167 - Local Government (General) Regulation 2005);

b) the selective tendering method by which invitations to tender for a particular proposed contract are made following a public advertisement seeking expressions of interest. (s168 - Local Government (General) Regulation 2005);

c) the selective tendering method by which recognised contractors selected from a list adopted by Council are invited to tender for proposed contracts.(s169 - Local Government (General) Regulation 2005)

Due to the sensitive nature of restoration projects involving state listed heritage sites, the preferred method of procurement is selective tender pursuant to s168 Local Government (General) Regulation 2005. Selective tenders involve a two stage process with Council first calling for Expressions of Interest from companies with the interest, experience and capacity to undertake the work. Tender price is not included in the EOI process. Expressions of Interest are then assessed and reported to Council with a recommendation to call for selective tenders from the most suitable of those companies submitting an EOI. In the second stage, the shortlist of the most suitable companies are invited to submit a full tender with price which are then assessed and reported to Council. Subsequent to a call for Expressions of Interest in stage 1, Council received submissions from the following fourteen companies:

1. Australian Built Urban Designs 2. Australian Commercial Fencing 3. Brefni Excavation and Earthmoving Pty Ltd 4. Brownrite Building Group Pty Ltd 5. Community Assets and Infrastructure (CA & I) Pty Ltd 6. Clouston Associates 7. Coordinated Landscapes Pty Ltd 8. Crossgrove Pty Ltd 9. JR Conveyors Pty Ltd 10. Lithgow Valley Engineering 11. M. Bruton Building Pty Ltd 12. Murphys Constructions Pty Ltd 13. Quality Management (QM) Constructions Group 14. Shumack Engineering Pty Ltd

EOI’s from the above companies were assessed by the Blast Furnace Project Team comprising Group Manager Operations, Works Manager, Manager Development and Acting Group Manager Corporate and Community. EOI’s were assessed on a score


Page 44

out of 50% based on demonstrated experience and past performance in similar heritage projects (20%), understanding of the project requirements (20%), key personnel (5%) and demonstrated capability and capacity (5%). The tendered price in stage 2 will determine the remaining 50%. Of the fourteen EOI’s submitted, six (6) companies best met the predetermined criteria and displayed impressive experience in both heritage work and undertaking projects of this nature. Therefore it is recommended that Council invite the following companies to submit tenders:

i. Australian Built Urban Designs ii. Community Assets and Infrastructure Pty Ltd iii. Coordinated Landscapes Pty Ltd iv. JR Conveyors Pty Ltd v. Crossgrove Pty Ltd vi. Quality Management (QM) Constructions Group

A further report will be made to Council after tenders are received and assessed. It should be noted that any acceptance of a tender in due course will be contingent or a Deed of Agreement being entered into with the Commonwealth in relation to $545,050 National Stronger Regions Funding. POLICY IMPLICATIONS Nil FINANCIAL IMPLICATIONS Expenditure to date is approximately $610,000 on Stage 1 repair and remediation works and planning, design and approvals for Stage 2 Masterplan Works. These works were funded by a $300,000 grant from the NSW ClubGRANTS 3 program, a $150,000 grant from the NSW Heritage Council and a $250,000 Council contribution over the 2 year period 2014/15-2015/16. This leaves approximately $90,000 remaining towards Stage 2 Masterplan works. Council has further allocated $450,000 in Council funds over the two year period 2016/17-2017/18 and has recently been awarded a further $545,050 in funds under the National Stronger Regions Fund Round 3. This provides a total of $1,085,050 for Masterplan works. LEGAL IMPLICATIONS s55 of the Local Government Act Sections 166(b), 167, 168 and 169 of the Local Government (General) Regulation 2005

ATTACHMENTS

1. Correspondence from Minister for Regional Development 2. Arial View of Blast Furnace Park


Page 45

RECOMMENDATION

THAT 1. Council use the selective tendering method, pursuant to s168 of the Local

Government (General) Regulation 2005, for Lithgow Blast Furnace Masterplan Works.

2. Council invite tender submissions from the following six (6) companies: i. Australian Built Urban Designs ii. Community Assets and Infrastructure Pty Ltd iii. Coordinated Landscapes Pty Ltd iv. JR Conveyors Pty Ltd v. Crossgrove Pty Ltd vi. Quality Management (QM) Constructions Group

3. Council note the receipt of a $545,050 grant under the National Stronger Regions Fund Round 3 for Blast Furnace Masterplan Works and authorise the affixing of the Council seal to any necessary documentation in relation to this grant.


Page 46

ITEM-13 CORP – 31/10/16 REQUEST FOR RELIEF FROM EXCESS WATER USAGE CHARGES

REPORT BY: M JOHNSON – ACTING GROUP MANAGER CORPORATE &

COMMUNITY

SUMMARY

This report discusses a request from a ratepayer for a reduction in water usage charges and recommends that Council approve a partial reduction.

COMMENTARY

Council has received correspondence from a ratepayer seeking relief from excess water usage charges due to a water leakage on a recently purchased residential property. The property was purchased on 5 May 2016 and the 3rd quarter meter reading was made approximately two weeks later on 18 May 2016 with the ratepayer subsequently receiving a 3rd quarter water account of $1,117.53. Upon investigation by the property owner’s plumber, a water leak was found between the water meter and house. Council staff have calculated that the new property owner would have been entitled to approximately $462.33 in property settlement funds from the previous owner for 3rd quarter water usage charges based on the daily average consumption of the 2nd quarter account. The new owner elected to use the 2nd quarter daily usage rate of the previous property owner for the purposes of calculating water charges at settlement rather than requesting that Council undertake a special meter read on settlement day at a cost of $60. It appears however that the water leak occurred after the 2nd quarter meter reading and was therefore unknown and not factored into the property settlement. In accordance with Council Policy 8.1, Excessive Water Usage Allowance For Breakages, Council is able to offer a maximum $200 one-off concession for excessive water usage on the first occurrence that a breakage occurs beyond their control. This concession has been offered to the ratepayer and would reduce the amount payable to Council to $917.53, less the estimated $462.33 he would have received from the previous owner at property settlement for 3rd quarter water charges. This will still leave the ratepayer liable for approximately $455 for a two week usage period. Nonetheless the water leakage was on private property and is the responsibility of the property owner, not Council. Further, however, the high 3rd quarter water usage resulted in the property owner being charged a T2 tariff of $4.67 per kilolitre for all water consumed in the 4th quarter rather than the T1 tariff of $3.11 per kilolitre. The T2 tariff takes effect once water usage exceeds 250 kilolitres in any billing year and resets after the 4th quarter to T1. This has resulted in 4th quarter charges of $429.64 rather than $286.12, a difference of $143.52. It is recommended that in view of the unforeseen nature of the water leakage, that Council apply the T1 tariff to the 4th quarter account, resulting in a reduction of $143.52.


Page 47

POLICY IMPLICATIONS Council Policy 8.1, Excessive Water Usage Allowance For Breakage. FINANCIAL IMPLICATIONS A $200 one-off concession has already been provided to the ratepayer for excessive water usage in accordance with Council Policy 8.1, Excessive Water Usage Allowance For Breakage. It is further recommended that the T1 tariff be applied to the 4th quarter account, resulting in a further reduction of $143.52. LEGAL IMPLICATIONS Nil

ATTACHMENTS

1. Correspondence from property owner

RECOMMENDATION

THAT Council amend the water usage tariff applied in the 4th quarter 2015/16 to residential property 95000 from T2 to T1 reducing the amount payable by $143.52.


Page 48

NOTICE OF MOTION

ITEM-14 NOTICE OF MOTION – 31/10/16 - PROPOSED SUMMIT ON MENTAL HEALTH ISSUES IN LITHGOW LOCAL GOVERNMENT AREA

REPORT BY: COUNCILLOR W MCANDREW

SUMMARY

Mental Health is something that the entire community is rightly concerned about and the ongoing shortcomings of the current system to identify and address the issues and concerns of an alarming number of particularly young people in our community who identify as having a mental health issue, has proven to have devastating consequences for their families and friends as well as those afflicted by this insidious problem.

RECOMMENDATION

THAT Lithgow City Council, as a matter of urgency, convene and facilitate a Summit dedicated to determining the best possible strategy to assist those suffering mental illness by identifying exactly what services are needed for our Local Government Area, how best to ensure that these services are bought to our area and how to ensure that best practice care is available and delivered to those identified as being affected by mental health issues. Further that this Summit should include key appropriate people/organisations including but not limited to:

Mental Health Professionals Relevant Government and Non-Government Agencies Consumers of current services Parents and Carers


Page 49

ITEM-15 NOTICE OF MOTION – 31/10/16 - ROLE OF MAYOR

REPORT BY: COUNCILLOR S RING

REFERENCE

Section 226 (c) of the NSW Local Government Act 1993 No. 30

SUMMARY

The Mayor has responsibility to act as the spokesperson to the community for Council decisions. The Mayor in relation to several interviews concerning the Extraordinary meeting held on Wednesday 19 October failed to accurately convey the majority decision of Council.

RECOMMENDATION

THAT the Mayor in his official capacity only conveys to the public and media the majority decision of council and that a vote of no confidence be called on his handling of media relating to the meeting of the 19 October


Page 50

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.

Documents

Agenda 31 October 2016archive.lithgow.nsw.gov.au/agendas/16/1031/161031-agenda.pdf · ITEM-9 ENVIRO - 31/10/16 - DA154/16 PSYFARI 5 DAY MUSIC FESTIVAL 2016 DEBREIF OF EVENT 29 OPERATION