cabonne Council colour 200 wide

 

 

 

 

 

 

 

 

 

 

 

9 February 2010

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 15 February 2010 commencing at 9.30am, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.

 

Yours faithfully,

 

 

a GM signature

GLP Fleming

GENERAL MANAGER

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Application for Leave of Absence

3)       Declarations of Interest

4)       Declarations of Political Donations

5)       Confirmation of Minutes of the Ordinary Meeting held 21 December 2009 and Extraordinary Meeting held 18 January

6)       Consideration of Mayoral Minute

7)       Consideration of Other Councillors’ Reports

8)       Consideration of General Manager’s Report

9)       Matters of Urgency

10)    Resolve into Committee of the Whole

a)    Consideration of Closed Items

11)    Adoption of Closed Committee of the Whole Report

 


 

ATTENDEES – FEBRUARY 2010 COUNCIL MEETING

 

 

10.20am

Outstanding Service Presentation – Laurie Dolbell

10.25am

Volunteer of the Month – Cecil Balcombe

10.45am

Update Report on Health Workforce Strategy – CENTROC Executive Officer – Jenny Bennett

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

 

COUNCIL’S MISSION

“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 15 February, 2010

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4

ITEM 2      DECLARATIONS OF INTEREST....................................................... 4

ITEM 3      MAYORAL MINUTE.............................................................................. 5

ITEM 4      DECLARATIONS OF POLITICAL DONATIONS ............................ 5

ITEM 5      CONFIRMATION OF THE MINUTES................................................. 6

ITEM 6      BUSINESS PAPER ITEMS FOR NOTING........................................ 6

ITEM 7      SHIRES ASSOCIATION - 2010 E-DIVISION CONFERENCE....... 7

ITEM 8      CODE OF CONDUCT GUIDELINES.................................................. 8

ITEM 9      BYNG/EMU SWAMP RURAL FIRE BRIGADE STATION............. 9

ITEM 10    SHIRES ASSOCIATION OF NSW.................................................... 10

ITEM 11    COMPLAINTS MANAGEMENT POLICY........................................ 11

ITEM 12    Quarterly Budget Review for the period from 1st October 2009 to 31st December 2009.............................................................. 12

ITEM 13    WALUWIN COMMUNITY CENTRE - GRID CONNECT SOLAR PHOTOVOLTAIC (PV) GENERATOR SYSTEM............................................................ 16

ITEM 14    Local Government Remuneration Tribunal.............. 17

ITEM 15    Adoption of Council's existing policies...................... 18

ITEM 16    POLICY DATABASE - APOLOGY; OHS; AND WORKPLACE SAFETY AUDITS AND INSPECTIONS............................................................................ 20

ITEM 17    Government Information (Public Access) Act ("GIPA")  21

ITEM 18    Code of Meeting Practice..................................................... 25

ITEM 19    2009/2010 MANAGEMENT PLAN - SECOND QUARTERLEY REVIEW TO 31 DECEMBER 2009................................................................................ 26

ITEM 20    2010 NSW Local Citizen of the Year Australia Post Commemorative Stamp............................................................. 27

ITEM 21    COMMUNITY SERVICES COMMITTEE MEETING...................... 27

ITEM 22    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 28

ITEM 23    Local Government and Shires Associations of NEW-2010 Water Management Conference...................................................... 29

ITEM 24    Ophir Reserve - Improvements to Causeway............. 29

ITEM 25    Canowindra Pool wall Mural............................................ 31

ITEM 26    REQUEST FOR REFUND OF ADMINISTRATION FEE PAID.... 32

ITEM 27    OBJECTIONS TO THE CLOSURE OF PUBLIC ROAD RESERVE ALONG BANK STREET, MOLONG............................................................................. 32

ITEM 28    WORKS COMMITTEE MEETING MINUTES.................................. 35

ITEM 29    REQUEST TO MODIFY CONDITIONS OF CONSENT - DEVELOPMENT APPLICATION 2010/46 FOR A DWELLIN  UPON LOT 281 DP 750139, PALING YARD LOOP,CUDAL.......................................................................... 35

ITEM 30    Modification of DA 2006/251 subdivision of Lot 11 DP 546140, Euchareena Road , Molong.................................................. 38

ITEM 31    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................. 43

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

ITEM 4      CUDAL UNITING CHURCH - SEWER PRE CONSTRUCTION LEVY - ASSESSMENT 2663.00000.4

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 5      REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4239.20000.1

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 6      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

(a) personnel matters concerning particular individuals (other than councillors)

ITEM 7      QUARRY REVIEW COMMITTEE MEETING

(d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

ITEM 8      LAND DEVELOPMENT SUB-COMMITTEE MEETING

(d) (ii) commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council; AND Procedural   

 

ANNEXURE ITEMS

 

ANNEXURE 5.1    December 21 2009 Council minutes...................... 45

ANNEXURE 5.2    January 18 2010  Extraordinary Minutes....... 66

ANNEXURE 11.1  DRAFT Complaints Management Policy........... 72

ANNEXURE 12.1  Reserves 2009 10 December 2009 QBR................. 86

ANNEXURE 12.2  December QBR 2009 new format........................... 87

ANNEXURE 15.1  Policies recommended for deletion................ 88

ANNEXURE 15.2  Policies to be readopted........................................ 92

ANNEXURE 15.3  Policies to be reported to Council............... 102

ANNEXURE 16.1  Apology Policy............................................................ 107

ANNEXURE 16.2  Occupational Health and Safety Policy.... 110

ANNEXURE 16.3  Work Place Safety Audits and Inspections Policy    114

ANNEXURE 19.1  2009/10 Strategic Plan Review to 31 December 2009    117

ANNEXURE 20.1  2010 Commemorative Stamp Notification..... 144

ANNEXURE 21.1  feb2010-commservs-rpt.pdf................................. 146

ANNEXURE 22.1  feb2010-edt-rpt.pdf.................................................... 149

ANNEXURE 25.1  Proposal for Repainting of Pool Wall....... 157

ANNEXURE 27.1  Road Closure  Objections - Bank Street.... 160

ANNEXURE 28.1  Report of the Works Committee Meeting held 1 February 2010....................................................................................... 162

ANNEXURE 30.1  DA 2006_251 Development Engineer modification report conditions.doc............................................................. 167

ANNEXURE 31.1  Report of the Environmental Services & Sustainability Committee Meeting held 1 February 2010.... 184 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for Councillors not present.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164398

 

General Manager's REPORT

 

A call for apologies is to be made.

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164503

 

General Manager's REPORT

 

A call for declarations of interest.

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

 

 

 

ITEM 3 - MAYORAL MINUTE

REPORT IN BRIEF

 

Reason For Report

To allow consideration of the Mayoral Minute plus Other Councillors' Reports.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164514

 

General Manager's REPORT

 

A call for the Mayoral Minute to be read out as well as other Councillors’ Reports. 

 

 

Recommendation

 

THAT the Mayoral Minute be adopted.

 

 

 

ITEM 4 - DECLARATIONS OF POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for councillors to declare any political donations received.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164535

 

General Manager's REPORT

 

A call for Political Donations.

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

 

ITEM 5 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Minutes

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

1.  December 21 2009 Council minutes

2.  January 18 2010  Extraordinary Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164402

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.   Minutes of the Ordinary Council meeting held on 21 December 2009.

2.   Minutes of the Extraordinary Meeting held 18 January 2010.

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 21 December 2009 and the Extraordinary Meeting held on 18 January 2010 be adopted.

 

 

 

ITEM 6 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

164537

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Administration

Annexures

Nil   

 

General Manager's REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

Recommendation

 

THAT:

1.         Councillors call any items they wish to further consider.

2.         The balance of the items be noted.

 

 

 

ITEM 7 - SHIRES ASSOCIATION - 2010 E-DIVISION CONFERENCE

REPORT IN BRIEF

 

Reason For Report

To provide advice of the 2010 E-Division Conference to be held in Molong on Friday 26 March 2010 and invite the submission of Motions.

Policy Implications

Yes - depending upon Motions presented to E Division and carried at the Annual Conference of the Shires Association.

Budget Implications

Yes - depending upon Motions presented to E Division and carried at the Annual Conference of the Shires Association.

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165978

 

General Manager's REPORT

 

Council has received advice from the Secretary of the E Division of the Shires Association of NSW that the 2010 Conference will be held in Molong on 26 March 2010.

 

At present we have not received information regarding the agenda however as always time will be devoted to the consideration of Motions to be submitted to the Annual Conference of the Shires Association which will be held in Sydney in June.

 

Councillors are asked to give consideration to any Motions that may be appropriate to submit to the E Division Conference.

 

 

Recommendation

 

THAT:

1.  Council representatives attend the E Division Conference to be held in Molong on Friday 26 March 2010.

2.  Council give consideration to the formulation of any appropriate Motion/s to be submitted to the E Division Conference.

 

 

 

 

ITEM 8 - CODE OF CONDUCT GUIDELINES

REPORT IN BRIEF

 

Reason For Report

Update Councillors on issues covered at the Code of Conduct briefing at the December Council meeting and outlining follow up actions.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 162562

 

General Manager's REPORT

 

Council at its December meeting received an extensive briefing from the General Manager in relation to Code of Conduct issues and requested that the issues addressed and subsequent actions be subject of a follow up report to the February meeting.

 

For Council’s benefit an outline of issues addressed at the December meeting is as follows:

 

·    Obligations of councillors and administrators

·    Obligations of staff

·    Obligations during meeting

·    Inappropriate interactions

·    Councillor access to council buildings

·    Protected disclosures

·    Reporting breaches of the code of conduct

 

 

Specifically the briefing dealt with:

 

a)   Relationship between Council officials

b)   Access to information and Council resources

c)      Breaches

d)   Procedures

 

Follow up actions identified by the General Manager included:

 

1)   Memo to staff and Councillors along with a copy of the latest Code of Conduct

2)   Inclusion of Code of Conduct article in next staff newsletter

3)   Refresher training for all staff in early 2010.  Such training to cover

a.   Depot

b.   Offices

4)   Reinforcing the display and availability of Council’s Code of Conduct on Council’s website.

5)   Display of hard copy of Council’s Code of Conduct at

a.   Office tearooms

b.   Depots

6)   Inviting anyone with any queries or comments in relation to the Code of Conduct to contact the Director of Finance & Corporate Services or the General Manager.

 

 

Recommendation

 

THAT Council note the issues covered in the Code of Conduct briefing and subsequent follow up actions.

 

 

 

 

ITEM 9 - BYNG/EMU SWAMP RURAL FIRE BRIGADE STATION

REPORT IN BRIEF

 

Reason For Report

Report on need to enter new lease for the Byng/Emu Swamp Rural Fire Brigade Station

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Emergency Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166140

 

Director of Finance and Corporate Services' REPORT

 

The lease of the land of the current Byng/Emu Swamp Rural Fire Brigade Station is soon to expire and the landholder has indicated that he is not prepared to renew that lease necessitating a change of location for a future facility. Funding has been provided in the 2010/2011 Rural Fire Fighting Fund for the Byng/Emu Swamp Brigade along with the March Brigade. A local landholder and Brigade owner has offered a parcel of land to Council by way of a 99 year lease for the building of the new brigade area.

 

The NSW Rural Fire Service have written to Council urging Council to enter in such a lease as soon as possible to enable them to commence construction possibly as early as August 2010. The lease would be with Talbri Pty Ltd and will involve Council incurring some expenditure for drafting of the document, however this is not considered to be of a significant amount and can be funded from surplus funds within the Rural Fire Service area.

 

 

Recommendation

 

THAT Council enter into a lease with Talbri Pty Ltd for a 99 year lease to enable construction of a new Byng/Emu Swamp Rural Fire Brigade Station.:

 

 

 

ITEM 10 - SHIRES ASSOCIATION OF NSW

REPORT IN BRIEF

 

Reason For Report

Report on information provided by the Shires Association of NSW.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Government Relations

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166148

 

Director of Finance and Corporate Services' REPORT

 

The Shires Association of NSW was registered as an employer association under the Federal Fair Work (registered organisations) Act 2009 on 9 April, 2009. In order to fill its obligations under that Act the Association has to provide a copy of annual financial statements, audit report and operating report to all members within a 6 month period of the end of the financial year. Accordingly the associations have provided Council with 3 reports:

 

1.   The Annual Financial Statements for the year ended 30 June 2009

2.   Audit Report for the year ended 30 June 2009

3.   The Operating Report for the year ended 30 June 2009

 

Should any Councillor be interested in viewing any of the above mentioned items they should contact the Director of Finance and Corporate Services to arrange a meeting.

 

 

Recommendation

 

THAT the information be noted.

 

 

 

 

ITEM 11 - COMPLAINTS MANAGEMENT POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to consider adopting the annexed Draft Complaints Management Policy

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  DRAFT Complaints Management Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 162133

 

Administration Manager's REPORT

 

The Department of Local Government (DLG) released Practice Note No 9 - Complaints Management in Councils, a joint publication of the Department of Local Government and the NSW Ombudsman to assist councils in the management and handling of complaints.

 

It has been designed for use by councils to develop and implement effective complaints management systems.

 

An effective complaints management system is an essential part of the provision of quality service in local government.  It is one method of measuring community satisfaction and provides a useful source of information and feedback for improving a council’s services.  Complaint handling is also a key component of sound corporate governance and is fundamental to ensuring an appropriate level of accountability in the exercise of council functions.

 

This publication provides an analysis of the reasons people complain, and outlines how complainants should be treated.  It also provides a model approach to complaint handling and sets out the essential features of a complaints management system.  It also addresses the issue of dealing with unreasonable conduct by complainants.

 

The information in this practice note is based on the 2004 edition of the NSW Ombudsman’s Effective Complaint Handling Guidelines.  This is consistent with the Australian Standard, Customer Satisfaction – Guidelines for Complaints Handling in Organizations (ISO 10002:2006, MOD).  The practice note also incorporates research recently undertaken by the NSW Ombudsman on managing the impact of unreasonable conduct of complainants on complaint handling agencies, as contained in their Unreasonable Complainant Conduct- Practice Manual 2009.  This information has been adapted to specifically address the needs of councils.

 

The DLG strongly encouraged councils to develop complaint handling policies and procedures that incorporate the essential features of an effective complaints management system described in the Practice Note.

 

Council’s existing Complaints Handling Policy has been reviewed to ensure that it is consistent with best practice as described in the Practice Note.

 

 

Recommendation

 

THAT Council adopt the annexed draft Complaints Management Policy.

 

 

ITEM 12 - Quarterly Budget Review for the period from 1st October 2009 to 31st December 2009

REPORT IN BRIEF

 

Reason For Report

To advise Council of  changes  to be made to the initial budget for 2009/2010

Policy Implications

Yes: In accordance with Council's Policy

Budget Implications

Yes

Area of Responsibility

Finance

Annexures

1.  Reserves 2009 10 December 2009 QBR

2.  December QBR 2009 new format    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165631

 

Senior Accounting Officer's REPORT

 

The December Quarterly Budget Review is presented to Council, in accordance with Council’s Management Plan. Meetings with the Managers of the various Departments of Council have taken place, where possible to consider the appropriate changes to be made to the 2009/2010 budget.

 

The revised Budget indicates the following results and significant variances are noted in the précis;

 

Department

Original
Estimate

YTD Actual

Previous Sub Vote

Estimate Required

Variation

Grand Total

-535

3,055,733

118,017

22,068

-95,414

001. CABONNE SHIRE COUNCIL

    020. GOVERNANCE

255,853

274,953

21,247

279,693

2,593

    040. ADMINISTRATION

8,297,282

7,797,426

1,841,241

11,903,477

1,644,954

    060. PUBLIC ORDER & SAFETY

117,733

285,067

34,742

137,294

-15,181

    080. HEALTH

281,780

475,868

-243,523

-35,743

-74,000

    100. COMMUNITY SERVICES & EDUCATION

74,716

628,332

0

74,716

0

    120. HOUSING & COMMUNITY AMENITIES

1,339,819

808,017

-449,871

663,678

-206,270

    140. WATER SUPPLIES

292,916

0

0

0

    160.  SEWERAGE SERVICES

914,761

0

0

0

    180. RECREATION & CULTURE

806,446

596,847

-110,930

583,540

-111,976

    220. MINING MANUFACTURING & CONST

4,996

-276,767

-3,504

-8,500

    240. TRANSPORT & COMMUNICATION

1,356,975

1,493,283

-1,005,738

-992,825

-1,244,062

    270. ECONOMIC AFFAIRS

439,894

-672,819

17,247

417,240

-39,901

    290. GENERAL PURPOSE REVENUES

-12,976,029

-9,562,151

13,602

-13,005,498

-43,071

 

 

Governance

 

No variances of significance in this area.

 

Administration

 

Assets, that is new and revision of current are noted here with funds in   excess of $1.75 million being allocated. Part of this amount however  includes Federal funds, originally intended for resurfacing and rehabilitation maintenance redirected to the asset area of Obley Road. These funds amount to $1,017,130.

 

Some of the other  allocations are $241,000 for the Waluwin Health Centre, $151,000 provided for the second round of the RLCIP funding. $75,731 for the upgrade of the conveyor at the Molong Quarry and $120,910 for the commencement of the Molong Cycleway

 

$438,630 has been reallocated from the Norah Creek Road to the Long Pont Road construction.

 

The result of the movement of the reserves has been a reduction of reserve funds in the amount of $77,855.

 

No change has been made in the area of on costs and overheads, and this area will be reviewed at the March Quarterly Budget Review.

 

Public Order & Safety

 

It is noted that part of funds previously allocated to Council from the Rural Fire Service for fire hazard reduction have been withdrawn. $17,500 of the initial allocation of $40,000 has been reduced in this review.

 

Income has been received for the construction of the Bush Fire Shed at Mandagery. These funds have been returned to the Mining reserve, where the original expense was taken at the end of 2008/09.

 

Health

 

In this area a contribution of $25,000 from the Molong CWA has been noted. This amount in intended to be  given to Waluwin, to assist in the fitting out of the kitchen area in the new Health Centre.

 

Additional funding of $50,000 has also been advised, again for the Waluwin Health Centre and is given by the Department of Regional Partnerships.

 

Community Services & Education

 

No variances in this area.

 

Housing & Community Amenities

 

Additional income in the amount of $15,000 is noted in the area of the hiring of Council’s skip bins.

 

It is estimated that based on current trends that the income in the area of Town Planning, specifically Development Applications will be increased by $18,000.

 

Other recycling income of $14,842 is expected to be received and there are other minor changes in this area resulting in a savings of $5,661.

 

The cost of servicing of Manildra Community septic tanks has increased and is expected to cost a further $11,811 bringing the total cost of this service to $22,500.

 

Additional income of $10,000 is acknowledged in the area of public cemeteries and this amount has been temporarily placed into reserve until the final amount is realized at the end of the budget year.

 

Regional Local and Community Improvement grant funding of $151,000 has been acknowledged in this area. This is the second round of funding and will be allocated to the Eugowra Pre School and the Canowindra Skate Park.

 

Water Supplies

 

Emergency drought assistance works, amounting to $300,000 for the Cumnock water supply have been noted in this section. $240,000 of this cost is to be grant funded and the remainder $60,000 is funded by reserve.

 

Sewerage Services

 

No changes to variances are noted in this section.

 

Recreation & Culture

 

New equipment for Canowindra’s Memorial playground has been noted in this area under the Community Improvement Program. Playground equipment, soft fall and fencing have been provided. Funding is to be supplied by DEEWR in the amount $137,666.

 

Other small funding amounts of $1,927 for the Yeoval Showground and $4,000 for the Molong Showground for an animal nursery may be provided.

 

$93,455 grant funding for the Molong Cycleway has also been noted in this area.

 

Minor Manufacturing & Construction

 

An increase in income of $8,500 in the area of building control is noted in this section.

 

Transport & Communication

 

The redirection of funds for road works is noted in this section, as mentioned in the Administration section that is Obley Road.

 

The final contribution for Molong Industrial estate is also noted.

 

Additional funding for Gum Creek of $147,000 is noted.

 

Additional funding is required for the Flash Jacks and the Amaroo Intersection projects and Council is continuing negotiations with the RTA to provide these funds.

 

$311,222 has been reduced from Main Road 310 widening allocation. An additional amount of $100,000 has been provided State Road maintenance ordered works, $70,000 for Shoulder widening on Peabody Road and $30,000 for the removal of White Pine on Main Road 61.

 

The expense of Bush Fire hazard reduction is reduced by $17,500 in this section.

 

Economic Affairs

 

It is noted that there may be an increase in the income obtained in the area of Private works, this amount; $39,450 has been placed in reserve until the end of the year when it is known if the amount has been realized.

 

General Purpose Revenues

 

Additional income is noted in this area for rates and waste charges.

 

No change to the expected income for interest has been noted in this review. However, the increase in the average interest rate has increased from the estimated average interest rate of 2.75% to 3.81 %. Indications are that each month the rate is increasing and a better than expected result in the area of interest income is anticipated.  It is noted, too, that funds to be invested are greater that the estimated average balance of monthly funds. This position will change as the Manildra sewerage scheme progresses and funds are withdrawn.

 

 

Recommendation

 

THAT the variances noted in this budget review be endorsed by Council and that Council’s 2009/2010 Budget be amended to reflect the changes.

 

 

 

 

ITEM 13 - WALUWIN COMMUNITY CENTRE - GRID CONNECT SOLAR PHOTOVOLTAIC (PV) GENERATOR SYSTEM

REPORT IN BRIEF

 

Reason For Report

To update Council on the activation of the system and seek endorsement to actively promote the use of solar and alternate power generation.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Climate Change

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 162826

 

Administration Manager's REPORT

 

Council identified in its 2007/2008 Management Plan an objective to “manage Council’s appropriate response to Climate Change at a local government level."  One of the performance measures was that Cabonne Council's response be consistent with other local government areas.

 

Council at its July 2007 Council meeting resolved to install a 5kWh solar grid-connect system on the Waluwin Community Centre.  The system was expected to have a 17 year payback period with anticipated results in green house gas reductions of 8.8 tonnes – equal to taking 38.5 cars off the road each year.

 

On 1 January 2010 the New South Wales Government's Gross Feed-In Tariff Scheme came into effect.  Under the scheme, gross metered customers with small scale distributed photovoltaic (PV) systems and wind turbines will be paid 60 cents per kilowatt hour for all solar energy that is produced by the system for a guaranteed 7 years.  This Scheme applies to the Waluwin system and effectively this means that the payback period will now be reduced to approx. 8 years with Council receiving approx. $5,000pa for the electricity generated by the system.

 

Council will now require a gross meter to record the total amount of energy generated by the small solar PV system to receive the full benefit of the scheme.  Country Energy will provide customers with a gross meter at no additional charge however the installation of the new meter is at Council’s expense and is to be done by an appropriately qualified Accredited Service Provider.  It is anticipated the meters will be available by mid March: under transitional arrangements Council, as an existing net metered customer, will receive 60 cents per kilowatt hour for all excess electricity that is fed into the grid after Waluwin’s electrical needs are met.  Realistically there is little excess electricity anticipated so the new Scheme (paying for all solar energy generated) is a financial bonus for Council.

 

A Media Release was recently distributed and a brochure produced for pick up by interested visitors to the Waluwin Centre.  A promotional package for distribution to WBC and CENTROC councils is also being prepared.  Council has already received an enquiry from Narrabri Council staff who heard about Cabonne’s initiative.

 

 

Recommendation

 

THAT Council actively promote use of Solar and alternative energy throughout the Cabonne Local Government Area.

 

 

 

ITEM 14 - Local Government Remuneration Tribunal

REPORT IN BRIEF

 

Reason For Report

To advise Council that the Local Government Remuneration Tribunal (Tribunal) has commenced its review for the 2010 determination.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Councillors

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 162889

 

Administration Manager's REPORT

 

The Tribunal is required to make an annual determination on the fees payable to Councillors and Mayors.

 

Fees

The Tribunal will be undertaking a review of the minimum and maximum fee levels for each Category.  The Tribunal would welcome submissions from individual councils or joint submissions in regard to the quantum and/or structure of fees.

 

Categorisation

Categories of councils and mayoral offices were last determined by the Tribunal in 2009.  In accordance with Section 239 of the Act, the Tribunal is required to determine the categories of councils and mayoral offices at least once every 3 years.  The Tribunal does not intend to undertake a further review of categories during the 2010 review but will review the categories again as part of the 2012 review.  Until then the Tribunal would not expect to move councils within categories unless there is a significant change in the role and responsibilities of individual councils.

 

The closing date for submissions to be received is 19 February 2010.

 

 

Recommendation

 

THAT Council advise the Administration Manager of any matter that it wishes to refer to the Local Government Remuneration Tribunal prior to the closing date of 19 February 2010.

 

 

 

 

ITEM 15 - Adoption of Council's existing policies

REPORT IN BRIEF

 

Reason For Report

Council to review and adopt Policies within 12 months of being elected.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Policies recommended for deletion.

2.  Policies to be readopted

3.  Policies to be reported to Council    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164027

 

Administration Manager's REPORT

 

Following an initial report to Council’s November 2009 Meeting, an initial Policies Workshop was held on 18 January 2010.

 

The General Manager provided the following definitions with a view to clarifying what a “policy” is.

 

Guidelines:

General advice on how to handle a situation or an issue.

 

Legislative Requirements:

Direction given by Statute or Regulations eg:  Levying of Council Rates, Code of Meeting Practice.

 

Council Decisions:

Decisions of Council predominantly made at an official Council Meeting in relation to an issue. Usually relate to an issue, event or point in time, binding on Council unless amended, rescinded, completed or no longer applicable.

 

Policy:

A firm direction or decision to handle a matter, issue or event which may occur immediately or on future occasions: binding on Council unless altered by a further decision of Council or on occasions by external events, legislation or regulations.

 

Procedures:

Laid down by Federal or State Government, or Council management as steps to be followed in dealing with a particular issue e.g.: Noise Control Manual, Creditors Payments, Registering Mail – InfoXpert, Receipting payments at Counter.

 

At the workshop the listing of Council’s policies with Staff Comment/Suggestions was addressed with the Mayor and councillors calling particular policies for which they wanted a further report.  Due to time restrictions a further workshop was scheduled for the February Committees day with councillors requested to provide details of any policy they wished reported on to the Administration Manager.

 

The annexed summary details all policies with a comment as follows:

“Delete”       -   where deletion of the Policy was agreed at the workshops;

“Retain”       -    policies agreed to be readopted at this (February Council) meeting.  Includes policies which were agreed to be readopted and for which amendments were agreed at the Workshops.

“Review”     -    a further report is required by the Officer nominated and by the timeframe nominated to allow Council to consider adoption of a revised version or deletion of said policy. 

 

Recommendation

 

THAT Council:

1.   Adopt the policies listed in the annexure as “Policies to be readopted’ to be included in Council’s Policy database.

2.   Authorise the policies listed in the annexure “Policies recommended for deletion” to be removed from Council’s Policy database.

3.   Adopt the current policies and receive further reports in relation to policies listed in the annexure “Policies to be reviewed and reported to Council”.

 

 

ITEM 16 - POLICY DATABASE - APOLOGY; OHS; AND WORKPLACE SAFETY AUDITS AND INSPECTIONS

REPORT IN BRIEF

 

Reason For Report

To provide reviewed policies for adoption by Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

1.  Apology Policy

2.  Occupational Health and Safety Policy

3.  Work Place Safety Audits and Inspections Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164271

 

Administration Manager's REPORT

 

In keeping with Council’s review of its Policy Database, the following policies (draft copies attached) were identified as having to be revised by Council’s Risk Management Officer and be resubmitted to Council for adoption.

1.      Apology Policy – All apologies by Council in connection to Council’s roads or footpaths must be issued in accordance with this policy. 

2.      Occupational Health and Safety Policy - The Occupational Health and Safety of all persons employed by Cabonne Council and those visiting the organisation are considered to be of the utmost importance.  Resources in line with the importance will be made available to comply with all relevant Acts and Regulations and to ensure that the workplace is safe and without risk to health.

3.      Work Place Safety Audits and Inspections Policy - This policy relates to Council’s responsibilities in relation to workplace safety audits and inspections.

 

 

Recommendation

 

THAT Council adopt the following annexed draft policies :

1.      Apology policy;

2.      Occupational Health and Safety Policy; and

3.      Work Place Safety Audits and Inspections Policy

 

 

 

 

ITEM 17 - Government Information (Public Access) Act ("GIPA")

REPORT IN BRIEF

 

Reason For Report

To advice Council of model "template" wording for Contract Clauses to ensure Council's compliance with GIPA.

Policy Implications

Will impact on Council's Procurement Policy and Access to Council Information provisions.

Budget Implications

Nil

Area of Responsibility

Access to Council Information

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164900

 

Administration Manager's REPORT

 

Government Information (Public Access) Act (“GIPA Act”) - Templates for Contractual Clauses

Access to information held by private-sector contractors – template contractual clauses

When a Council enters into a contract with a private-sector entity (contractor) to provide services to the public on its behalf, Council must have a contractual right to immediately access certain information in the contractor’s records.

The Office of the Information Commissioner (“OIC”) has provided a guide to the relevant sections of the GIPA Act and two template contractual clauses.

The template clauses

 

Does this apply to all private-sector contracts?

 

Not all private-sector contracts are required to include the access to information clause.  Section 121 of the GIPA Act applies to contracts “under which the contractor is to provide services to the public on behalf of a Council”.

 

So section 121 will apply only to some of the contracts listed in Council’s register of contracts.  They will be contracts for the provision of external services to the public, such as security contractors, special archivists, support services for seniors or health and education services.  Section 121 is unlikely to apply to outsourced internal services to Council, such as for a Council’s office supplies, internal personnel, information technology or corporate support.

 

Which information must be accessible?

 

Under s.121(1) of the GIPA Act, Council must be able to access information:

·      relating directly to the performance of services by the contractor;

·      collected by the contractor from members of the public who are provided or offered the services; and

·      received by the contractor from Council to enable it to provide the services.

Which information is protected?

 

Contractors are not required to provide Council with access to the following information, under s. 121(2):

·      information that would reveal the contractor’s financing arrangements, financial modelling, cost structure or profit margins;

·      any information the contractor is prohibited from disclosing to Council under any Australian law; and

·      information that, if revealed to Council, could place the contractor at a substantial commercial disadvantage in present or future dealings with Council.

The template clauses

 

Access to information clause (s. 121)

In the template below, subclauses (1) and (2) are drafted to comply with the minimum requirements of subs. 121(1) and (2) of the GIPA Act.  This also requires the contractor to provide the requested information within seven (7) days of a request.

 

The remainder of the clause goes beyond the statutory requirements.  It requires the contractor to provide the requested information at its own expense and gives Council a right to terminate the contract if it does not do so.

 

Template Access to Information Clause (GIPA Act, s. 121)

 

(1)  The Contractor must, within seven (7) days of receiving a written request by Council, provide Council with immediate access to the following information contained in records held by the Contractor:

a)   information that relates directly to the performance of the services provided to Council by the Contractor pursuant to the Contract;

b)   information collected by the Contractor from members of the public to whom it provides, or offers to provide, the services pursuant to the Contract; and

c)   information received by the Contractor from Council to enable it to provide the services pursuant to the Contract.

(2)  For the purposes of sub-clause (1), information does not include:

a)      information that discloses or would tend to disclose the Contractor’s financing arrangements, financial modelling, cost structure or profit margin;

b)      information that the Contractor is prohibited from disclosing to Council by provision made by or under any Act, whether of any State or Territory, or of the Commonwealth; or

c)      information that, if disclosed to Council, could reasonably be expected to place the Contractor at a substantial commercial disadvantage in relation to Council, whether at present or in the future.

(3)  The Contractor will provide copies of any of the information in sub-clause (1), as requested by Council, at the Contractor’s own expense.

(4)  Any failure by the Contractor to comply with any request pursuant to sub clause (1) or (3) will be considered a breach of an essential term and will allow Council to terminate the Contract by providing notice in writing of its intention to do so with the termination to take effect seven (7) days after receipt of the notice.  Once the Contractor receives the notice, if it fails to remedy the breach within the seven (7) day period to the satisfaction of Council, then the termination will take effect seven (7) days after receipt of the notice.

Consultation clause (s. 54)

The template consultation clause below reflects Council’s obligations under section 54 of the GIPA Act to consult before providing access to information.  Although Council is not required to include this clause in their private sector contracts, it may be useful in alerting contractors to their consultation and objection rights.

Template Consultation Clause (GIPA Act, s. 54)

(1)     Council will take reasonably practicable steps to consult with the Contractor before providing any person with access to information relating to the Contract, in response to an access application under the Government Information (Public Access) Act 2009 (GIPA Act), if it appears that:

a.                     the information:

i.     includes personal information about the Contractor or its employees;

ii.    concerns the Contractor’s business, commercial, professional or financial interests; or

iii.   concerns research that has been, is being, or is intended to be, carried out by or on behalf of the Contractor; or

iv.   concerns the affairs of a government of the Commonwealth or another State (and the Contractor is that government);

b.    the Contractor may reasonably be expected to have concerns about the disclosure of the information; and

c.    those concerns may reasonably be expected to be relevant to the question of whether there is a public interest consideration against disclosure of the information.

(2)     If, following consultation between Council and the Contractor, the Contractor objects to disclosure of some or all of the information, the Contractor must provide details of any such objection (including the information objected to and the reasons for any such objection) within 5 days of the conclusion of the consultation process.

(3)     In determining whether there is an overriding public interest against disclosure of government information, Council will take into account any objection received by the Contractor.

 

(4)     If the Contractor objects to the disclosure of some or all of the information but Council nonetheless decides to release the information, Council must not provide access until it has given the Contractor notice of Council’s decision and notice of the Contractor’s right to have that decision reviewed.

(5)     Where Council has given notice to the Contractor in accordance with sub-clause (4), Council must not provide access to the information:

(a) before the period for applying for review of the decision under Part 5 of the GIPA Act has expired; or

(b) where any review of the decision duly applied for is pending.

(6)     The reference in sub-clause (5)(a) to the period for applying for review of the decision under Part 5 of the GIPA Act does not include the period that may be available by way of extension of time to apply for review.

 

 

Recommendation

 

THAT Council include the above clauses relating to access to information under the Government Information (Public Access) Act on all relevant contracts it enters into.

 

 

 

 

ITEM 18 - Code of Meeting Practice

REPORT IN BRIEF

 

Reason For Report

To update Council following a public exhibition phase allowing public submissions to Council's advertised Code of Meeting Practice 2010; and to allow adoption of same.

Policy Implications

Once adopted this policy will replace the existing Policy.

Budget Implications

Nil

Area of Responsibility

Governance / Policy / Counci Meetings

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165432

 

Administration Manager's REPORT

 

Council at its December 2009 meeting resolved to, inter alia, (09/12/06):

 

4.   Advertise and exhibit the annexed draft Code of Meeting Practice policy based on the Department of Local Government’s Practice Note as required under s361 of the Act providing 42 days for submissions.

5.   Receive a further report at the February 2010 Council meeting to consider submissions and adopt a Code of Meeting Practice as required under s362 of the Act.

 

The Draft Code, copy provided with the December Council business papers, was advertised with a closing date of 13 February 2010: no submissions were received at the time of this report being written.  Should any submissions be received they will be tabled on Council meeting day.

 

 

Recommendation

 

THAT Council adopt the draft Code of Meeting Practice policy.

 

 

 

ITEM 19 - 2009/2010 MANAGEMENT PLAN - SECOND QUARTERLEY REVIEW TO 31 DECEMBER 2009

REPORT IN BRIEF

 

Reason For Report

Providing the second quarterly progress report on Council's 2009/2010 Management Plan

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Corporate Management/Planning

Annexures

1.  2009/10 Strategic Plan Review to 31 December 2009    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165528

 

Administration Manager's REPORT

 

The Local Government Act requires Council to consider a quarterly report on the review of its annual Management Plan.

 

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

 

The Second Quarterly Management Plan review for 2009/2010 is attached which shows the culmination of the actions and strategies undertaken in the preceding quarter.

 

For this, the second quarterly review, the following items are noteworthy:

 

·    Waluwin Community Centre Operational

·    Youth Bus Trip to Jamberoo Conducted

·    Inaugural meeting of working party ‘Green Energy’ held

·    LEP Review – community consultations with villages commenced.

·    Village Strategy consultation with Yeoval, Cudal, Cargo and Manildra completed.

·    Manildra Sewerage Scheme – tenders approved.

·    Molong and Eugowra Flood studies - 2nd draft to be completed late February/early March

·    Cemeteries – Rabbit Control Program initiated

·    Cemetery site signage program commenced

 

 

Recommendation

 

THAT, subject to any alterations that the Council deems necessary at the February meeting, the update of the Management Plan to the 31 December 2009, as presented be adopted.

 

 

 

ITEM 20 - 2010 NSW Local Citizen of the Year Australia Post Commemorative Stamp

REPORT IN BRIEF

 

Reason For Report

To provide Council an opportunity to present the 2010 NSW Local Citizen of the Year Australia Post Commemorative Stamp.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Commemorative Stamp

Annexures

1.  2010 Commemorative Stamp Notification    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165225

 

Administration Officer's REPORT

 

Council has received the Australia Post Commemorative Stamp in honour of Clr John Farr.

 

 

Recommendation

 

THAT Council endorse and present the commemorative stamp sheet to Clr Farr in recognition of his contribution to Cabonne.

 

 

 

 

ITEM 21 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

164409

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  feb2010-commservs-rpt.pdf    

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 1 February 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 February 2010 be adopted.

 

 

 

 

ITEM 22 - ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Economic Development & Tourism Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

1.  feb2010-edt-rpt.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164413

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 February 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 February 2010 be adopted.

 

 

 

ITEM 23 - Local Government and Shires Associations of NEW-2010 Water Management Conference

REPORT IN BRIEF

 

Reason For Report

Determine delegation to attend the Conference.

Policy Implications

Payment of expenses

Budget Implications

Cost for attending conference and function

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 162535

 

Director of Engineering and Technical Services' REPORT

The annual Local Government and Shires Associations Water Management Conference is scheduled for 12-14 September 2010 in Orange.

The conference is an opportunity for Councillors, LG professionals and Government Agencies to tackle water supply and sewerage services issues.

In accordance with council policy, councillors wishing to attend the conference require a resolution from council.

 

Recommendation

THAT Council receive nominations to attend the 2010 Water Management Conference.

 

 

 

ITEM 24 - Ophir Reserve - Improvements to Causeway

REPORT IN BRIEF

 

Reason For Report

Seek Council directon for the improvements to the Ophir Reserve causeway.

Policy Implications

Nil

Budget Implications

Approved funding from CIP to assist up grade. indufficent funds to up grade to desired standard.

Area of Responsibility

Roads and Transport.

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166127

 

Director of Engineering and Technical Services' REPORT

 

A notice of motion was adopted by Council (November 16 Ordinary Meeting) in the following;

 

1.      Council apply to the Land and Property Management Authority for the acquisition of road from the northern bank of Summer Hill Creek (stated as Lewis Ponds Creek NSW Government Gazette 07.12.66) to the adjoining existing Council road.

2.      Council provide preliminary costing on the upgrade of the crossing. Incorporating a 1 metre walkway, 2 box culverts, 4”x 5 x 40 metre concrete cap and sealing of the approaches.

3.      Council assist the Trust by supporting a delegation to Commissioner Warwick Watkins if necessary.

 

Council has previously approved CIP funding in the amount of $11,000 for repair to the concrete causeway. More recent advice concerning the Ophir Trust’s project included an up-grade of the causeway including widening of the existing 3m wide causeway by 1.2m.

 

A preliminary estimate to undertake this work is $50,000. A more detailed estimate will require survey and coring of the existing structure to determine structural conditions. This will be done at the earliest opportunity.

 

As reported to the November meeting there are a number of steps and approvals that need to be achieved to progress this project;

 

1.   Confirm the Department of Lands funding commitment to the causeway

2.   If Lands funding is assured, undertake transfer of road to council.

3.   Undertake a detailed survey and design and REF. This would be included in the cost of the project

4.   Ophir Trust to obtain Department of Fisheries approval to repair and modify the causeway.

5.   Establish who would own the causeway once refurbished.

 

Subsequent to this resolution council staff have received advice from the Department of Lands that the Trust would be the authority for this project and make application to the Department to access funding assistance for the proposed up grade. Should council undertake Resolution #1 above, the road and causeway would become Council’s asset and therefore responsibility for any maintenance and up grade.

 

 

Recommendation

 

THATCouncil:

 

1. Rescind the resolution of 16 November 2009 and

2. Carry out detailed estimate for the up grade of the concrete causeway and

3. Assist the Trust by supporting a delegation to Commissioner Warwick Watkins if necessary.

 

 

 

 

ITEM 25 - Canowindra Pool wall Mural

REPORT IN BRIEF

 

Reason For Report

Seek Council's approval to the remodelling of the mural and funding from the Canowindra Town Improvement Fund

Policy Implications

nil

Budget Implications

$5000 from the Canowindra Town Improvement Fund

Area of Responsibility

Council Properties

Annexures

1.  Proposal for Repainting of Pool Wall    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166134

 

Director of Engineering and Technical Services' REPORT

 

Council has received a proposal from a local Canowindra artist, David Isbester to re-do the mural on the outer wall of the Canowindra Pool. The exiting mural depicts the now defunct Marti’s Balloon Festival and advertises events no longer conducted.

 

The proposed mural is depicted in the attachments and portrays an historic view of Canowindra and a number of historic sites and features.

 

The mural is on the outer wall of the existing amenities building. This building is currently the subject of proposed improvements. It would be wise to defer the new art work until the proposed amenities up grade work has been completed.

 

 

Recommendation

 

THAT: Council approve the new art work and funding from the Canowindra Town Improvements Fund and further that the work be deferred until the upgrade of the amenities block has been completed.

 

 

 

ITEM 26 - REQUEST FOR REFUND OF ADMINISTRATION FEE PAID

REPORT IN BRIEF

 

Reason For Report

Applicant requests refund of adminstration fee paid when applying for closure and sale of formed Council public road in Canowindra.

Policy Implications

Nil

Budget Implications

Refund fee of $243.50

Area of Responsibility

Roads and Transport

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165004

 

Assets Officer's REPORT

Item 25 of Council’s meeting dated 21st December 2009 explains the background to a request by RA & CM Kinsela Farm Supplies to close and purchase the road reserve described as Part Lane between Bowds Lane and Nangar Road, Canowindra and Part Lane between the aforementioned land and Lot 166 DP 883175.

The motion put forward at that meeting “That Council not support the sale of the road reserve described as Part Lane between Bowds Lane and Nangar Road, Canowindra and Part Lane between the aforementioned land and Lot 166 DP 883175 and rely on the existing terms of the lease” was carried. The resolution was based on the adjoining land owner withdrawing support for the closure. It is noted the withdrawal for support was after the application was made to the Department of Lands 

The applicant is seeking reimbursement of the application fee of $243.50 from Council as at the time of application there was no objections. 

All applications for road closures with the Department of Lands require an up-front non refundable application fee.

 

Recommendation

THAT Council NOT reimburse the application fee to the applicant.

 

 

 

ITEM 27 - OBJECTIONS TO THE CLOSURE OF PUBLIC ROAD RESERVE ALONG BANK STREET, MOLONG

REPORT IN BRIEF

 

Reason For Report

To advise Council of the objections received for the closure of an unused road reserve along Bank Street, Molong

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

 Roads & Bridges

Annexures

1.  Road Closure  Objections - Bank Street    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165914

 

Design Manager's REPORT

 

In 2009 Council received a written request to sell off an unused road reserve along Bank Street, between Edward Street and Phillip Street in Molong, as shown below.

 

 

 

This portion of land had previously been highlighted as not being required for Council’s road network and investigations with the Department of Lands confirmed that the land in question is a public road reserve. Council resolved to submit an application to the Department of Lands for the closure of this section of road.

 

Council staff have submitted the road closure application to the Department of Lands. Upon receiving the application the Department advertised the proposed road closure for public comment. This advertising period has now been completed and the Council has been advised that two objections to the closure were received. The Department has passed on copies of the objections to Council for its review and comment prior to continuing with the road closure application.

 

An objection was received from Mr P O’Hara of 14 Phillip Street, Molong. The objection is based on the fact that Mr O’Hara currently uses the road reserve as a back yard access to his property along Phillip Street and notes that its closure shall limit this access as the front of his property is very narrow. It is noted in the objection that Mr O’Hara purchased the property over three years ago and that access through Lot 21 DP 758693 was available at that time.

 

The other objection was received from Mr and Mrs Adams of 41 Edward Street, Molong. Similar to the previously noted objection, Mr and Mrs Adams highlight that the road reserve provides access to the rear of their property and the closure shall subsequently prohibit this access. Mr and Mrs Adams also highlight that they had previously made enquiries with Council regarding the purchase of the land but at the time were told that the land was required as an access road for adjoining properties.

 

Investigations on-site show that both 14 Phillip Street and 41 Edward Street already have access to the back of the respective blocks from the street via driveways that continues past the houses. Whilst it is noted that access from the subject road reserve would be of benefit to these properties, the closure of the road reserve would not disadvantage the adjoining properties beyond other properties in the area that have no secondary access.

 

It is also noted that a garage was constructed at the rear of 154 Phillip Street, being DA 2007/39. Review of the consent conditions for this DA shows that the garage was to be built without the road reserve off Bank Street being utilised for access.

 

Regarding the issue raised by Mr and Mrs Adams relating to the purchase it is noted that any sale of the land would be by public notification rather than a direct sale to the adjoining land owner. This would have been the same when Mr and Mrs Adams first enquired about the purchase.

 

Based on the above information neither of the objections received from the advertising of the road closure notice would prevent Council proceeding with the closure. It is therefore recommended that Council advise the Department of Lands that it wishes to proceed with the closure and to advise the people who submitted objections of Council’s intentions regarding this matter.

 

 

Recommendation

 

THAT Council:

 

1.      Endorse the closure of the public road reserve through Lot 21 DP in   Section 23, DP 758693;

 

2.      Write to the Department of Lands advising them that it wishes to         continue with the road closure application for the public road reserve    through Lot 21 in Section 23, DP 758693.

 

 

 

 

 

ITEM 28 - WORKS COMMITTEE MEETING MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Works Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Report of the Works Committee Meeting held 1 February 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166160

 

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Works Committee meeting held on Monday 1 February 2010.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Monday 1 February 2010 be adopted.

 

 

 

 

ITEM 29 - REQUEST TO MODIFY CONDITIONS OF CONSENT - DEVELOPMENT APPLICATION 2010/46 FOR A DWELLIN  UPON LOT 281 DP 750139, PALING YARD LOOP,CUDAL

REPORT IN BRIEF

 

Reason For Report

For determination

Policy Implications

Variation sought to Council
s s94 Roads Contribution Plan

Budget Implications

Nil

Area of Responsibility

Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 165970

 

Director of Environmental Services' REPORT

 

The Application

 

Council’s approval is sought to vary conditions of consent applicable to Development Application 2010/46, being an approval to construct a dwelling upon land known as 406 Paling Yard Loop, Cudal.

 

The proponents are Mr & Mrs W Whiteley.

 

Background

 

Development Consent was grated under Council’s delegated authority on 16 December 2009 for the construction of a 3 bedroom brick veneer dwelling upon land known as 406 Paling Yard Loop, Cudal. The consent was subject to eleven conditions of consent.

 

The initial development application sought approval for a dwelling to be located upon Lot 281 DP 750139 Paling Yard Loop. The submitted plans indicated the land as Lot 275 in the same Deposited Plan.  Council’s planning code permits a dwelling upon rural land where the subject land forms the whole of an existing holding, or upon land subdivided in accordance with the LEP and has an area of 100 ha or greater. The nominated lot(s) do not form the whole of an existing holding, and are less than 100ha in area. The proponent however owns adjoining rural land. Discussions were held with the proponent to nominate adjacent allotments that could be consolidated in title to create a 100ha parcel, thereby permitting the construction of a dwelling. The proponent agreed to nominate Lots 157, 275, 280 and 281 in DP 750139 to facilitate this matter. This agreement enabled the assessment of the development application to proceed. A condition of development consent was imposed to require the consolidation of existing land titles to create the 100 ha minimum lot.

 

As the development is for a new dwelling gaining access to an unsealed road, Council’s s94 Roads Contribution 2007 applies to the development. The current state government review of s94 contribution plans has capped contributions to a maximum amount of $20,000 per lot where a dwelling is proposed. The contribution standard was applied to the development based on the distance of the development from the nearest sealed road intersection.

 

It was noted during the course of site inspections and in discussions with Mr Whiteley that an abandoned dwelling was located on the nominate subject land. It was indicated by the proponent that the structure had been abandoned some 20 years ago. As part of the structure has some locate historic significance being of wattle and daub construction the Whiteleys had retaining the building as a relic. The lengthy abandonment of the building negates an ‘existing use right’ that may previously been attributed to the building, and its existence does not influence the intent of the Council’s s94 plan as the 2007 applies to new dwellings.

 

Mr and Mrs Whiteley when advised of the standard conditions of consent were opposed in particular to the s94 contribution and sought a meeting on 18 December 2009 with the Mayor, Clr Culverson, the General Manger and the Director of Environmental Services. At that meeting it was explained to the Whiteleys that Council’s staff have no authority to vary Council policy documents and were required to administer the regulations of the LEP, DCPs and s94 Contributions Plan. Subsequently a modification application has been lodged to seek Council’s variation of two conditions of development consent.

 

The proposal

The proponent seeks:

 

‘ to delete condition 7 – unequitable application of DCP, amend condition 4 – Lots 275, 157, 280 and 281 DP 750139 have a restriction placed on the title requiring that the lots be sold together’. No other support information was supplied with the modification application.

 

Condition 7 of the development consent reads as follows:

 

‘The applicant is required to make a road improvement contribution of $20,000 towards the improvement of Palings Yard Loop Road prior to the issue of a construction certificate.’

 

Condition 4 of the development consent reads in part:

 

‘The following lots are to be consolidated into one lot of 100 hectares and a plan of consolidation submitted to Council prior to the issue of a construction certificate.’

 

Comments

 

The s94 road contribution has been consistently applied by Council. The contribution applies to subdivisions and rural dwellings throughout the council’s rural 1(a) and 7(c) areas. The s94 road contribution was capped at $20,000 in accordance with Planning Circular PS 08-017 issued in February 2009.

 

It is suggested that condition 7 be retained.

 

At present the condition of consent requires consolidation of the four nominated allotments into a single parcel of land prior to the construction of the proposed residence. The proponent seeks to have a restriction placed upon the existing land titles so that the four nominated lots can only be sold conjointly.

 

Should the applicant wish to place a s88b instrument on the title of the subject land this would be at their own cost and to the benefit of Council. It is suggested that the following wording be considered if Council supports the request from the proponent to amend Condition 4:

 

‘The applicant, at their own cost, is required to have a restriction placed on the sale of land burdening lots 157, 275, 280 and 281 in DP 750139. The terms of the section 88b instrument are to require all lots to be sold together and benefiting Cabonne Council.’

 

 

 

 

Recommendation

 

THAT

 

1.  The report be noted, and

2.  That condition 4 of Development Consent 2010/46 be amended to read: The applicant, at their own cost, is required to have a restriction placed on the sale of land burdening lots 157, 275, 280 and 281 in DP 750139. The terms of the section 88b instrument are to require all lots to be sold together and benefiting Cabonne Council.

 

 

 

 

ITEM 30 - Modification of DA 2006/251 subdivision of Lot 11 DP 546140, Euchareena Road , Molong.

REPORT IN BRIEF

 

Reason For Report

For Determination

Policy Implications

Applicant request is in contrevention of Councils water supply policies

Budget Implications

Nil

Area of Responsibility

 Development Applications

Annexures

1.  DA 2006_251 Development Engineer modification report conditions.doc    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164665

 

Development Engineer's REPORT

 

The Application

 

Council approval is sought to modify the 73 Lot subdivision approval of Lot 11 DP 546140, Euchareena Road, Molong. The applicant is Regional Estates Pty Ltd.

 

The Proposal

 

It is proposed by the applicant to modify the consent as detailed below:

 

1.   The covering page of the consent be amended so that:

a.   The approved number of Lots is 73, not 83. (This would appear to be an error in the original consent.)

b.   The new owner of the subject land be recorded as Wakefield Ashurst Developments Pty Ltd.

 

2.   Condition Number 5 requires the applicant to upgrade Euchareena Road to a Non Rural Class 2 Level 2 standard and upgrade the intersection of Betts Street and Euchareena Road.

 

It is proposed that the applicant make a payment of a monetary contribution in accordance with Council’s Section 94 Road Contributions for Small Rural Holdings instead of upgrading the Road.

 

3.   Condition Number 13 requires the maintenance performance bond of 10% of the value of the road works undertaken for the project.

 

It is proposed by the applicant to reduce the amount to 5% in accordance with Australian Standards.

 

4.   Condition Number 19 requires a centralised water reticulation system be provided for external use throughout the development along with a prohibition of the sinking of bores.

 

The applicant requests a covenant be placed on the linen plan for the development requiring any future dwellings be required to install a 90,000 litre rainwater tank for potable supply and a mains extension of Molong town raw water supply to the development for domestic purposes.

 

5.   Condition 37 and 42 require a Right of Carriageway to serve proposed Lots 58 and 59 to be created and constructed 6 metres wide.

 

The applicant requests the Right of Carriageway to be constructed 4 metres wide in accordance with Council’s Engineering Specification for Subdivision and Development. (Council should note the land is not bushfire prone.)

 

6.   The applicant requests that a 3 metre reserve be created to link the estate to Back Saleyards Road.

 

7.   The applicant requests a condition of consent be created to allow the developer to stage the development in a flexible manner based on demand and provision of services.

 

Background

 

A number of meetings were facilitated between Council staff and the applicant to discuss the proposal. The initial assessment of the modification proposal revealed that the proposal is substantially the same as the original development consent. Neighbour notification of the modification proposal has not been undertaken as the subdivision pattern remains unaltered from that previously approved.

 

 

MATTERS FOR CONSIDERATION

 

In accordance with Section 96(1A) of the Environmental Planning and Assessment Act 1979 the proposed modification is of minimal environmental impact and is substantially the same development for which consent was granted.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 1(c) Rural Small Holdings under the provisions of Cabonne Local Environmental Plan 1991.

 

Subdivision of land within this zone is permissible subject to Council’s development consent.

 

Objectives of the 1(c) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 1(c) zone.

 

Clause 16  - Subdivision

The proposed subdivision modification does not affect the lot sizes or layout as previously approved by Council.

 

Regional Environmental Plans

 

There are no Regional Environmental Plans that apply to the subject land.

 

State Environmental Planning Policies

 

There are no State Environmental Planning Policies that apply to the modification application.

 

Provisions of any draft Environmental Planning Instrument that has been placed on exhibition s79C(1)(a)(ii)

 

There are no draft environmental plans that relate to the subject land or proposed development.

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan No. 6

The modification is in accordance with the DCP provisions.

COUNCIL’S POLICIES

 

Council has three policies in regards to the supply of water to land zoned 1(c):

 

1.   Water Agreements – Special on Rising Mains (1988).

2.   Molong Water Supply – Private Connections (1995).

3.   Molong Water Supply – Properties in 1(c) Zones (2000).

 

The statements for the above policies are:

 

1.   Water Agreements – Special on Rising Mains (1988).

 

That Council adopt the following conditions relating to special water agreements and that all Special Water Agreement users be requested to sign a copy of an agreement based on the conditions.

 

The owner of the property to pay Council the FULL COST of connecting the Council's water main, such amount to be paid prior to actual connection at a standard satisfactory to the Director of Engineering and Technical Services.

 

The owner to be responsible for all maintenance of the line and relocation of said line if such is warranted at any time, any maintenance of the connection to the main shall be performed by Council at the property owner's cost;

 

The owner of the property to pay an amount, by way of a SPECIAL WATER AGREEMENT CHARGE, equal to the minimum water rate levied for the relevant water fund and such owner to then be entitled to the applicable annual excess-free consumption beyond which the applicable excess water charges will apply;

 

Council reserves, at all times, the right to restrict the supply of water to the property, as the supply of water to the village area takes first precedent, and the owners shall abide by water restrictions at all times;

Failure to pay Council's annual charge, or any excess water charge that may be levied, will lead to Council disconnecting the supply to the property until the amount due is paid.  Reconnection to be at the owner's full cost;

 

Water from Council's supply is to be used for stock and domestic purposes only, irrigation use is not permitted;

 

If water is lost as a result of a break in the private pipe line, Council will NOT waive any excess water charges that may result from such break;

Annual Special Water Agreement charge to be levied as at 1st January each year and to apply for the whole of the year, whether supply is maintained for the whole of the year or disconnection made during the year.

 

2.     Molong Water Supply – Private Connections (1995).

 

 Any further private connections to raw or treated trunk water mains be   disallowed in the Molong Water Supply Scheme because this is a delivery main not a reticulation main.

 

3.     Molong Water Supply – Properties in 1(c) Zones (2000).

 

THAT the motion adopted by Council on 18 January 1999, Minute No. 99/1/24 “THAT no new water main extensions or connection to the Molong Water Supply Scheme are to be authorised outside of the Village Zone” be rescinded and replaced by:

 

That no new water main extensions or connection to the Molong Water Supply Scheme are to be authorised outside the village zone except for the north side of South Street between George Street and Peabody Road subject to:

 

1.   Applicants meeting full cost of mains construction

2.   Applicant meeting Council’s headworks connection charge.

The impact of the proposed modification application upon Council’s policies is discussed later in this report.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)  

 

Staged Development

 

The proposed staging of the development allows the developer to release allotments in a flexible manner based on demand. The modification to allow staging of the development will not contravene the LEP provisions.

Water Supply

The demand of 73 new allotments will have a significant impact on the levels of Molong’s water supply. Council reserves the right to restrict water supply to the development as the supply of water to the village area takes first precedent. Council’s Engineering Department suggest water be restricted to the development should the water supply dam level fall below 65%. The modification of consent will attract a water headworks charge of $4134 per allotment.

Road Access

 

Access to the development will be generally via Euchareena Road. The modification will attract a section 94 road contribution of $2,437.10 per allotment for the upgrade of Euchareena Road, and the Betts Street and Euchareena Road intersection.

 

Bicycle Pathways

 

The development will attract a $300 per lot contribution for a Bicycle pathway connecting the development to the Village. A 3 metre wide bicycle path will link the estate to Back Saleyard Road. This bicycle path will become Council operational land.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

 

Neighbours were not notified due to the minor adjustments proposed to the development.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

SUMMARY

 

The proposed modification is permissible with the consent of Council. The applicant has adequately demonstrated that proposed development complies with the objectives and provisions of the Cabonne LEP 1991. The modification is consistent with the provisions of section 96(1A) of the Environmental Planning and Assessment Act 1979. A section 79C assessment of the proposal indicates that the development is acceptable in this instance. An amended draft Notice of Approval is attached.

 

 

Recommendation

 

THAT:

 

1.  Council vary its water supply policy to allow a raw water supply to the development.

2.  Council amend the notice of approval of a 73 lot subdivision and update owner details.

3.  Council grant consent to modified application DA 2006/251 for the 73 lot rural residential subdivision of Lot 11 DP 546140, Euchareena Road, Molong subject to the attached amended conditions.

 

 

 

 

ITEM 31 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Environmental Services Committee recommendations and noting of motions carried

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexure

1.  Report of the Environmental Services & Sustainability Committee Meeting held 1 February 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 166183

 

Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 February 2010.

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 1 February 2010 be adopted and carried Motions be noted.

 

 

 

 

 

Yours faithfully,

 

 

 

GLP Fleming

GENERAL MANAGER   


Item 5 Ordinary Meeting 15 February 2010

Item 5 - Annexure 1

 





















 


Item 5 Ordinary Meeting 15 February 2010

Item 5 - Annexure 2

 






 


Item 11 Ordinary Meeting 15 February 2010

Item 11 - Annexure 1

 

Complaints Management Policy

1 Document Information


 

Version

[December 2009]

Author

Administration Manager

Owner

Director of Finance & Corporate Services

Status

DRAFT

Review Date

2013

Adopted by Council

To be submitted to February 2010 Council meeting

 

Table of contents

1 Document Information. 1

Table of contents. 1

2 Summary. 3

3 Reason. 3

4 Scope. 3

5 Associated Legislation. 3

6 Definitions. 3

7 Policy Statement 4

Lodging A Complaint 4

Tiers Of Complaints Handling. 4

Recording Complaints. 5

Resolving Complaints. 6

Responding To Complaints. 6

Analysing Complaints. 7

Guiding Principles. 7

8 Procedures. 8

Feedback. 8

What Complaints are accepted?. 8

First- tier Complaints. 8

Second-tier Complaints: INTERNAL REVIEW OR INVESTIGATION.. 9

Third-tier: EXTERNAL REVIEW... 9

Reporting Procedure. 11

9 Responsibilities. 11

10 Related Documents. 12

11 Approvals. 13

12 History. 13



Summary

Council’s Complaint Management Policy forms part of Cabonne’s overall commitment to excellent Customer Service and should be read in conjunction with the Customer Service Policy Statement, Objectives and Guarantee.  This policy will assist Council achieving its objective of quality Customer Service through ensuring that all complaints are dealt with in the most effective and efficient manner.

2 Reason

An effective complaints management system is an essential part of the provision of quality service in local government.  It is one method of measuring community satisfaction and provides a useful source of information and feedback for improving a council’s services.  Complaint handling is also a key component of sound corporate governance and is fundamental to ensuring an appropriate level of accountability in the exercise of council functions. 

3 Scope

This policy and procedures are intended to be easy to understand and explain, and will assist staff in resolving, conciliating and investigating complaints from the simple to the complex.

4 Associated Legislation

This policy has been prepared in accordance with the DLG Practice Note 9, July 2009 – a joint publication of the NSW Ombudsman and the Department of Local Government.

5 Definitions

Complaint - For the purpose of this policy, a complaint will be regarded as “An expression of dissatisfaction with the Council’s policies, procedures, charges, staff, councillors, agents or quality of service, presenting the opportunity to improve.”

On its own, a request for a council service or the exercise by a council of its regulatory functions is not a complaint about Council.  

For clarity, it should be noted that the following will not be registered as a complaint:

•       a request for council services (unless it is a second request, where there was no response to the first)

•       a request for documents, information or explanation of policies or procedures

•       a request for the council to exercise a regulatory function (unless it is a second request, where there was no response to the first)

•       the lodging of an appeal or objection in accordance with a statutory process, standard procedure or policy (unless this is recorded as a complaint about the council’s decision making).

•       a submission relating to the exercise of a regulatory function (eg an objection to a development application or a submission on a policy).

Complaints Management Policy - A Complaints Management Policy refers to an organised way of responding to, recording and using complaints to improve customer service.

It includes procedures for customers to make complaints and provides information to managers and staff that can assist them to prevent customer dissatisfaction happening in the future.

6 Policy Statement

Cabonne Council welcomes, supports and encourages valid and non-vexatious complaints (and compliments) and will ensure that every complaint is received courteously, investigated and acted on quickly and appropriately.

Council recognises that an effective Complaints Management Policy forms part of good customer service and that feedback from customers is essential in understanding customer expectations and levels of satisfaction.

It is the intention of the Council to use the information resulting from the effective implementation of the Complaints Management Policy to improve the level of service Council provides to its valued customers.

Lodging A Complaint

Cabonne will ensure that, wherever possible, the process of making a complaint is as simple and efficient as possible.  Whilst complaints will predominantly be accepted by front-line staff, in essence all Council staff are customer service officers and should be the least able to take details of complaint and refer the matter to the appropriate person for response

Customers may lodge a complaint in the following ways:

·    In writing, correspondence addressed to the General Manager;

·    In person* at any Cabonne Council Office (Molong, Cudal or Canowindra);

·    By phoning* any of the Cabonne Council Offices (Molong, Cudal or Canowindra); or

·    By lodging a complaint through Council’s website.

* – these should be recorded on Council’s EDRMS system and recorded in the Service Request Library under the Corporate category of “Complaints”.  A reference number (Doc ID) should be given to the complainant.

Tiers Of Complaints Handling

Council utilises a Three tiers of review system - an approach to complaint handling considered to be most effective.

 

 

 

 

 

 

 

First-tier -      The aim is to resolve the majority of complaints at the first-tier, the frontline.  Registration and attempted resolution by frontline staff of complaints, or referral to an appropriate person or agency to deal with same (eg code of conduct issues, protected disclosures, allegations of corrupt conduct). 

Second-tier - If a complainant is still dissatisfied, the complaint is reviewed or investigated by the Manager or Director, a process overseen by the Public Officer, and the results of the review are reported to the complainant.  If the complainant remains dissatisfied, further options to achieve a settlement may be available and include conciliation, mediation, or further direct negotiations over remedying the grievance.

Third-tier -    If the complaint cannot be resolved within the council, the complainant is referred to an outside agency such as the NSW Ombudsman or the Department of Local Government.

It should be noted that where the complaint concerns or may concern corrupt conduct, it should be reported to ICAC at the first-tier stage as outlined above.

Recording Complaints

If complaint information is to be used to identify defects in service provision and to identify where the expectations of the community are not consistent with the standard of service being provided, it is important that complaints be recorded.

In order for a report to be prepared for the Directors meetings as required in the Reporting Procedure of tis policy, the Public Officer must be able to access records of complaints.

All oral complaints should be recorded on Council’s EDRMS system and recorded in the Service Request Library under the ‘Corporate’ category of “Complaints” by the staff and by receiving the complaint.  A reference number (Doc ID) should be given to the complainant.

All written requests wether received by correspondence or through appointment of a complaint by Council’s website should be recorded by Council’s Records staff on Council’s EDRMS system and registered to the “Complaints” folder at OFFICIAL RECORDS LIBRARY/CUSTOMER SERVICE/PUBLIC REACTION.

It should be noted that with all complaints falling under Protected Disclosures provisions all necessary and reasonable steps should be taken to ensure that the identity of persons who make disclosures (a member of staff or councillor), and the persons the subject of disclosures, are kept confidential.

The persons or positions to whom internal disclosures can be made in accordance with the Internal Reporting System is:

·   the Nominated Disclosure Officers: Administration Manager and Human Resources Officer.

·   the Disclosure Co-coordinator, Director of Finance and Corporate Services.

·   the General Manager; or

·   the Mayor (if the disclosure concerns or involves the General Manager or a councillor).

 Refer to the Protected Disclosures Policy for more detail.

Resolving Complaints

Front-line staff are responsible for attempting to resolve any complaints received in the first instance.  In circumstances where this is not possible the complaint is to be referred to a more senior staff member e.g. relevant manager or director, and the public officer is to be advised.

In keeping with the three tiers of complaint handling review system adopted by Council, complaints unable to be resolved at this level may be referred externally.

Responding To Complaints

In accordance with the Customer Service Guarantee:

·     All telephone complaints will receive at least an initial response by the next working day;

·     All written complaints not requiring report to Council will receive at least an acknowledgment and where possible a reply within 10 working days;

·     Answers to complaints will be easy to understand and will not contain jargon.  They will be clear, concise, straight to the point and will directly address the original complaint.

Where it is determined that Council is unable to help or adequately respond to a complaint, the complainant will be advised of their options including their right to appeal to another public agency.

When a complaint has been investigated, the customer is contacted to:

·      Explain any action taken to remedy the problem;

·      Ask if the customer is satisfied; and

·      Explain methods of recourse if the customer is dissatisfied.

If there is a delay in responding to or investigating the complaint:

·      Immediately notify the customer of the delay;

·      Say why there is a delay;

·      Say when it is expected that the task will be completed; and

·      Explain methods of recourse if the customer is dissatisfied

If the delay is due to seasonal conditions such as road grading or tree planting and the request is considered reasonable, then it is to be placed on the forward work schedule and the customer notified.  If the customer is satisfied, then this complaint may be marked as resolved.


Analysing Complaints

The Public Officer is responsible for providing a report to the Directors meetings including frequency of complaints made and a breakdown by categories of the subject matter of the complaints, etc.  This report will provide an opportunity for the Executive to undertake analysis and determine measures for non recurrence (as applicable) of the circumstances which caused the complaint(s).  Useful information from complaints may be fed back to the relevant sections of Council to allow improvement.

Guiding Principles

Whilst complaints, as defined, are small in number compared to the daily interactions Council has with its customers, they are a significant factor in the way Council is perceived by the public.

Council has resolved that Customer Service and Communications are a high priority and accordingly a “customer” focus is required – meeting the needs of the community is our core business and complaints should be seen as an opportunity, not a nuisance.

Council staff will ensure complainants will be helped and supported to make complaints, with the experience made as easy as possible.  Refer to the DLG Practice Note – “FIRST-TIER: FRONTLINE COMPLAINT HANDLING Some guidelines for what staff should do” for some handy advice.

http://www.dlg.nsw.gov.au/dlg/dlghome/dlg_DocumentsIndex.asp?sectionid=1&documenttype=5&mi=6&ml=2

Ii certain circumstances there will be a need to take some action to fix the problem presented.  This may involve providing the service not delivered, undertaking to review the decision or action complained about, undertaking to make sure outstanding action is taken in a defined time period, (and doing so, even if the action is someone else’s responsibility), or providing some other remedy or compensation for actions that cannot be undone.

For a more detailed consideration of options for effectively dealing with complaints found to be justified see Chapter 5 of The Complaint Handler’s Tool Kit entitled Options for Redress, NSW Ombudsman, June 2004. http://www.ombo.nsw.gov.au/show.asp?id=107

Cabonne Council, like all councils, has an obligation to use resources efficiently and effectively, at some point, it may be necessary and reasonable for council to decide to limit the nature or scope of its responses to unreasonable conduct by complainants.  However, these situations should be the exception rather than the rule.

Council will maintain confidentiality of complaint information (within the provisions of Council’s Access to Information Policy and FOI / GIPA legislation) with a view to safeguarding complainants against victimisation/retribution.

At times staff may be exposed to unreasonable complainant conduct.  Strategies to deal with these situations are available in the DLG Practice Note – “MANAGING UNREASONABLE CONDUCT BY COMPLAINANTS”.


Reporting obligations applicable include:

The General Manager has a duty to report to ICAC any matter he or she suspects on reasonable grounds concerns or may concern corrupt conduct.

The General Manager has an obligation to refer complaints alleging breaches of the pecuniary interest provisions of the Act to the Department of Local Government.

Where a General Manager reasonably suspects that a councillor has not complied with the provisions of the Code of Conduct relating to the disclosure of political donations or the manner of dealing with any perceived conflict of interest in relation to political donations, the General Manager is to refer the matter to the Department of Local Government.

The revised Model Code of Conduct, which took effect on 27 June 2008, provides the General Manager with a wide range of options for managing complaints made under the code of conduct.  The General Manager must determine to take one of the prescribed courses of action in relation to the complaint.

The revised Model Code of Conduct provides the Mayor (in the case of a complaint about the General Manager) with a wide range of options for managing complaints made under the code of conduct.  The Mayor must determine to take one of the prescribed courses of action in relation to the complaint.

The Public Officer is responsible for reporting regularly to the Director’s meeting in accord with Reporting Procedure contained in this policy.

Where councillors seek information that has been previously provided or where requests become so numerous or onerous as to impact on the operations of council, the General Manager may determine to refuse to respond to further requests in relation to the matter.  Where the General Manager does so, he should prepare a report to council explaining his or her reasons for doing so.  This should include an explanation of the history of the matter, the steps taken to address the complainant’s concerns and why the restriction has been imposed. 

7 Procedures

Feedback

The feedback about council performance that a complaint may give can be valuable.  It can lead to a policy being reconsidered or better targeting of council resources.  In many cases, complaints will echo and reinforce staff concerns about similar matters.  The feedback collected, properly reported, may itself be a catalyst for change and continuous improvement. 

Council provides an opportunity for customers to provide feedback via its website on the Complaints & Comments feature which allows customers to use a form to submit comments or complaints to the Council.  Complaints may also be made by telephoning or calling in person at Council’s offices at Cudal, Canowindra or Molong.


What Complaints are accepted?

Council accepts oral and written complaints through the methods previously documented.  Council generally only acts on anonymous complaints where the matter is relatively serious and there is sufficient information in the complaint to enable an investigation to be conducted.

First- tier Complaints

All frontline staff are responsible for receiving, registering and ensuring the resolution of straightforward, minor complaints as speedily as possible.

Where Frontline staff receive a first tier complaint over the phone or in person, a “Service Request Form” must be completed on Council’s EDRMS – generating a Service Request Form (Complaint) through the Customer Service Request library which is to be assigned to the appropriate Officer (if it can not be resolved by the staff member taking the complaint).  A Reference No must be provide (Doc ID)

Frontline staff may assign tasks to their supervisor if they are unsure who should attend to the problem.  In the case of more serious complaints, the frontline staff shall direct the complaint to the most suitable authority either in Council or in another agency.  In such cases, the frontline staff may refer to the Public Officer for guidance.

Second-tier Complaints: INTERNAL REVIEW OR INVESTIGATION

Most complaints should be capable of resolution by frontline staff.  In some matters however, complainants will not be satisfied unless a more senior officer has dealt with their problem.  As stated previously, some types of complaints should be automatically referred on to a supervisor, Director or the Public Officer.

Third-tier: EXTERNAL REVIEW

Internal review, conciliation and investigation of complaints do not always result in resolution.  When the complaint is serious or the complainant’s demands will continue to impact on the time and resources of staff, recourse to external sources of review is appropriate.  This can take a number of forms. 

Alternative dispute resolution

Sometimes a neutral third party can help settle an escalating dispute.  A number of both private and public sector bodies use the services of professional mediators in such situations.  The mediator, through a formal face-to-face process of discussion, helps the parties to clarify issues and reach a solution agreeable to both sides.

For more information about mediation, see Chapter 4 of The Complaint Handler’s Tool Kit, Public Sector Mediation Guidelines, NSW Ombudsman, June 2004.

Referral to external investigation agency

There are a number of accountability/complaint bodies established by the NSW Government that receive and investigate complaints about the conduct of councils.

The Department of Local Government has a statutory role in relation to the investigation of pecuniary interest matters, political donations disclosure matters, councillor misbehaviour and protected disclosures relating to serious and substantial waste.  Referral of such matters to the department is discussed later in this practice note.  The department also monitors the performance of councils and, in line with this role, focuses on complaints that indicate a serious breakdown in council operations or serious flaws in key council processes.

The NSW Ombudsman has jurisdiction to investigate complaints alleging maladministration by councils, councillors and council staff.

ICAC has jurisdiction to investigate complaints alleging corrupt conduct by councils, councillors and council staff.

Depending on the nature of their complaint, dissatisfied complainants can be referred to these agencies or a joint approach made seeking an external review.

Councils’ statutory obligations to refer complaints to external agencies

Councils have a statutory obligation to refer complaints about certain matters to external agencies.

Duty to refer corrupt conduct to ICAC

Under section 11 of the Independent Commission Against Corruption Act 1988, a General Manager of a council has a duty to report to ICAC any matter he or she suspects on reasonable grounds concerns or may concern corrupt conduct.

Obligation to refer pecuniary interest matters to the Department of Local Government

The Department of Local Government is empowered to investigate breaches of the pecuniary interest provisions of the Local Government Act. The Act prescribes how pecuniary interest matters may be referred to the department.

The Pecuniary Interest Guidelines, issued by the Department of Local Government in June 2006, make it clear that the General Manager has an obligation to refer complaints alleging breaches of the pecuniary interest provisions of the Act to the department. The guidelines state that where a General Manager becomes aware of an apparent or possible breach of the pecuniary interest provisions by a councillor, committee member, adviser or designated person, he or she should review all the relevant information. If, having done so, they consider the information shows evidence consistent with a breach, he or she should notify the department and forward relevant material and a short statement of relevant circumstances.

The Model Code of Conduct for Local Councils in NSW also states that complaints regarding pecuniary interest matters should be reported to the Director General of the Department of Local Government and should not be dealt with by the council’s conduct review committee/reviewer.


Obligation to refer political donations matters to the Department of Local Government

Under section 328B of the Local Government Act, where a General Manager reasonably suspects that a councillor has not complied with the provisions of the code of conduct relating to the disclosure of political donations or the manner of dealing with any perceived conflict of interest in relation to political donations, the General Manager is to refer the matter to the Director-General of the Department of Local Government.

The General Manager should refer such matters to the Department of Local Government at first instance and they should not be dealt with by the council’s conduct review committee/reviewer.

Other appeal mechanisms

Where rights of appeal to outside tribunals or other legal remedies exist, dissatisfied complainants should be advised of these avenues of redress after all others have been exhausted.

Internal Notification

Where a complaint is received which alleges corrupt conduct, the General Manager must be notified in all instances.

Where a complaint alleges criminal action, pecuniary interest or anti-competitive practices, one of the following must be notified immediately:

 

·     Protected Disclosures Coordinator (Director of Finance and Corporate Services)

·     Protected Disclosures Officer (Administration Manager or Human Resources Manager)

·     The General Manager

·     The Mayor

These complaints will be dealt with in accordance with Council’s internal reporting policy: the Protected Disclosures Policy.

Reporting Procedure

The Public Officer has the responsibility of reporting regularly to the Director’s meeting on the following:

·    The frequency of complaints made verbally and in writing;

·    A breakdown by categories of the subject matter of the complaints;

·    The percentage of complaints that are actually resolved;

·    The method by which resolution was achieved. Eg conciliation, investigation, external courts, tribunals etc; and

·    A carry over figure of matters under inquiry or not resolved at report date.

 

8 Responsibilities

8.1 General Manager

The General Manager has a duty to report to ICAC any matter he or she suspects on reasonable grounds concerns or may concern corrupt conduct.

The General Manager has an obligation to refer complaints alleging breaches of the pecuniary interest provisions of the Act to the Department of Local Government.

Where a General Manager reasonably suspects that a councillor has not complied with the provisions of the Code Of Conduct relating to the disclosure of political donations or the manner of dealing with any perceived conflict of interest in relation to political donations, the General Manager is to refer the matter to the Department of Local Government.

The revised Model Code of Conduct, which took effect on 27 June 2008, provides the General Manager with a wide range of options for managing complaints made under the code of conduct.  The General Manager must determine to take one of the prescribed courses of action in relation to the complaint.

8.2 Directors and Managers

Director of Finance and Corporate Services

The Director of Finance and Corporate Services is responsible for the overall management of the Complaints management Policy and associated system.

Directors and/or the Public Officer is responsible for reviewing complaints which were not (in the complainant’s opinion) satisfactorily resolved.

The Administration Manager and Human Resources Officer as Nominated Disclosure Officers and  the General Manager are positions to whom internal disclosures can be made in accordance with the Internal Reporting System.

The Director of Finance and Corporate Services assumes the responsibilities of  the Disclosure Co-coordinator..

The Public Officer is responsible for the day to day management of the Complaints Handling Policy.  Additionally the Public Officer is responsible for reporting regularly to the Director’s meeting in accord with Reporting Procedure contained in this policy.

8.3 Supervisors

Are responsible for dealing with complaints referred to them which could not be resolved by front line staff.

8.4 Employees

Front line staff are responsible for taking, recording and resolving (or referring) complaints.  All staff are required to acquaint themselves with the DLG Practice No. 9 – Complaints Management In Councils.


 

8.5 Mayor

The revised Model Code of Conduct, which took effect on 27 June 2008, provides the Mayor (in the case of a complaint about the General Manager) with a wide range of options for managing complaints made under the code of conduct.  The Mayor must determine to take one of the prescribed courses of action in relation to the complaint:

The Mayor is a position to whom internal disclosures can be made in accordance with the Internal Reporting System if the disclosure concerns or involves the General Manager or a councillor.

9 Related Documents



 

Document Name

Document Location


 

Cabonne Council Customer Service Policy

Council’s Intranet – Policy and Procedures

Cabonne Council Code of Conduct

Council’s Intranet – Policy and Procedures

Cabonne Council Internal Reporting Policy (See Protected Disclosures)

Council’s Intranet – Policy and Procedures

DLG Practice Note No 9 – Complaints Management in Councils

DLG website

10 Approvals


 


 

Name

Date Approved

Signature


 

 

 

 

11 History



 

Minute Number

Summary of Changes

New Version Date


Item 11 Ordinary Meeting 15 February 2010

Item 11 - Annexure 1

 

 

99/6/23

Adopted by Council

21 June 1999

 

Reviewed in accordance with DLG Practice Note No. 9.

December 2009

 

 


Item 12 Ordinary Meeting 15 February 2010

Item 12 - Annexure 1

 

 


Item 12 Ordinary Meeting 15 February 2010

Item 12 - Annexure 2

 

 


Item 15 Ordinary Meeting 15 February 2010

Item 15 - Annexure 1

 

POLICIES RECOMMENDED FOR DELETION

Human Resource Management

Name

Recommendation

Apprentice Training

Policy included in HR Manual - Delete

Development Appraisal System (DAS)

Policy included in HR Manual - Delete

Disciplinary Procedures

Policy included in HR Manual - Delete

Email and Internet usage Policy

Policy included in HR Manual - Delete

Employee Assistance Program

Policy included in HR Manual - Delete

Employee Grievance Handling

Policy included in HR Manual - Delete

Equal Employment Opportunity (EEO)

Policy included in HR Manual - Delete

Employment Opportunity for Children of Councillors

Agreed at Workshop to Delete

Equal Employment Opportunity Management Plan

Policy included in HR Manual - Delete

Exit Interview

Policy included in HR Manual - Delete

Flexible Working Conditions

Policy included in HR Manual - Delete

Harassment in the Workplace

Policy included in HR Manual - Delete

Hours in Work

Policy included in HR Manual - Delete

Induction

Policy included in HR Manual - Delete

Job Share

Policy included in HR Manual - Delete

Leave

Policy included in HR Manual - Delete

Loss Damage to Employees Personal Property

Policy included in HR Manual - Delete

Loss of Licence

Policy included in HR Manual - Delete

Motor Vehicles

Policy included in HR Manual - Delete

Overtime

Policy included in HR Manual - Delete

Payroll Services

Policy included in HR Manual - Delete

Production of Licences and Tickets

Policy included in HR Manual - Delete

Recruitment and Selection Process

Policy included in HR Manual - Delete

Retirement – Ex-Gratia Payments

Policy included in HR Manual - Delete

Retirement Presentation Plaque – Council Employees

Policy included in HR Manual - Delete

Salary Sacrifice

Policy included in HR Manual - Delete

Salary System

Policy included in HR Manual - Delete

Study Assistance Tertiary

Policy included in HR Manual - Delete

Superannuation

Policy included in HR Manual - Delete

Telephones – Council Use

Policy included in HR Manual - Delete

Training and Development

Policy included in HR Manual - Delete

Transfer from Full Time to Part Time

Policy included in HR Manual - Delete

Travelling and Accommodation Guidelines

Policy included in HR Manual - Delete

Uniform – Indoor

Policy included in HR Manual - Delete

Use of Council Property, Materials, Plant and Vehicles

Policy included in HR Manual - Delete

Work Experience

Policy included in HR Manual - Delete

 

OHS and Risk Management

Name

Recommendation

Accident Reports - Employees

Covered by OHS Act & Council’s OHS manual - Delete

Air Conditioning

Amenities on Construction Sites

Asbestos Management

Bomb Threat

Confined Spaces

Construction Site Safety

Customer Aggression

Dangerous goods

Demolition

Drug Alcohol and Medication

Emergencies at the Workplace

Excavation

Fire and Explosion

First Aid

Fumigants and Pesticides

Hazardous Substances in the Workplace

Hiring or Leasing Plant

Hot and Cold Working Environments

Infectious Diseases

Low Voltage Electrical Work

Manual Handling

Motor Vehicle Transport

Mobile Telephones

 

Needles Syringes and Blood-borne Pathogens

Noise

Occupational Health and Safety – Mission Statement

Occupational Health and Safety Committee

 

Occupational Health and Safety Manual

Occupational over-use Syndrome

Office Equipment

Permits to Work

Personal Protective Equipment

Purchasing

Rehabilitation

Safe Working Codes

Stress Management

Use of Plant

UV Protection

Waste Management

Work at Height

Workers’ Compensation Act, 1987 - Rehabilitation

Workers Compensation Procedures

Working Alone

Working in Wet Weather

Workplace and Traffic Safety

Workplace Lighting

Workplace Violence

 

Debtors

 

Debtors – Outstanding Debts

Included in Procedures - Delete

Kerb and Gutter Accounts

Delegation exists – Extension of time to pay - Delete

 

Economic Development

 

Small Towns Development Committee

Ongoing procedure for many years – not a policy - Delete

 

Land Development

 

Council Contributions for Industrial Development

Identified in Land Development Strategy - Delete

Land Development

Identified in Land Development Strategy - Delete

 

Bush Fire Control

 

Canobolas Zone Service Level Agreement

Regular procedure – not a policy - Delete

Fuel for Group Captains Vehicles

Now with RFS - Delete

Group Captains

Now with RFS - Delete

Repairs to Bush Fire Vehicles

Now with RFS - Delete

 

Heritage

 

Heritage Items - Preservation

Required database provided - Delete

Heritage Council – Notification of Certain Development Application

Was an interim strategy – now covered by Legislation - Delete

 

Signs

 

Advertising signage in Conservation areas Molong and Canowindra

Included in DCP - Delete

 

LEP

 

LEP – Minor LEP Amendments During Major Plan Review

Now subject to State Government requirements – new Planning requirements - Delete

 

Developments

 

Development Enquiry

Delete

Preliminary Consultations with Developers – ICAC Code of Practice

Documented on WBC Alliance DA Kits - Delete

 

Council Image and Public Relations

 

Councillor Interaction with Staff

Covered by current Code of Conduct policy and HR Manual –  Delete

Councillors Contact Details

Public Contact listing arranged for Councillors each term of Council - Delete

 

Council Meetings and Committees

 

Nomination of Alternate Delegates

Covered by existing Delegations Index - Delete

Ward Boundaries

Now legislated and in place - Delete

 

Noxious Weeds

 

Campaign – Potential Property Purposes

Resolution for report to be prepared - Delete

 

Town Beautification

 

Riding of Horses on Footpaths in Urban Areas

The riding of horses on footpaths is governed by Traffic Regulations - Delete

 

Bridges

 

Timber Bridges - Signs

Timber bridges have been replaced - Delete

 

Road Maintenance

 

Footpath Mowing

Concern over Council Liability by having policy - Delete

Road Maintenance – Ophir Road – Southern approach to the fourth crossing

Comment “Public Road” – Council to continue maintenance at current level of service - Delete

 

Traffic Facilities and Road Safety

 

B-Double Access – Eugowra to Gundamain and Oakleigh Feedlots

Gazette provides authority – “policy” not required - Delete

B-Double Access on Cabonne Roads

Applications considered or merit based approach - Delete

B-Double Routes - Various

Future applications based on merit and individual assessment - Delete

Logging Vehicle Transport

Future application based on merit and individual assessment - Delete

S94 Contributions Plan for Rural Roads

Road Contributions Plan was adopted – policy not required - Delete

 

Water Supplies

 

Stormwater Management Plan – Canowindra and Molong

To be replaced with Policy for the Stormwater Levy Plan - Delete

 

 


Item 15 Ordinary Meeting 15 February 2010

Item 15 - Annexure 2

 

POLICIES TO BE READOPTED

Cabonne Council HACC Polices & Procedures

 

HACC Joint Committee Policy

Retain

Cabonne Council HACC Policies and Procedures

Retain

Community Services

 

Active Australia - Local Government Network

Retain

Cudal Community Preschool

Retain

Health Services

Retain

Policing in the Cabonne Area

Retain

Street stall and Raffle Ticket Selling Policy

Retain

Community Transport

 

All to be made into one policy document - Report to March Council

Community Visitors Scheme

 

Community Visitors Scheme UR

Report to February Council with update.

Family Day Care

 

All to be made into one policy document - Report to March Council

Libraries

 

CWL Children's Policy

Retain

CWL Internet Public Use Policy

Retain

Mullion Creek After School Hours Care Service

 

All to be made into one policy document - Report to May Council

Cashier

 

Cashier Discrepancies

Retain

Donations

 

Donations under Section 356 to Offset Rate Levies and charges

Retain - database to be updated to 2009 version.

Manildra Recreation Ground - Electricity Charges

Retain

Molong Advancement Group - Use of Mitchell Room

Retain

S356 Funds - Reports to Council

Retain

Septic Tank pump-outs - one off Donation

Retain

Fees and Charges

 

Fees - Development Enquiry

Retain

Halls - Itinerant Wholesale Vendors

Retain

Kerb and Gutter Accounts - Corner Blocks

Retain

Pricing Policy

Retain

Water Supply Connections (Other than Standard Town Connection)

Retain

Financial Strategy

 

Hall Hire Fees - Molong and Cudal

Retain

Source of Finance

Retain

Grants

 

Road Funding - Changes to Grants for Local

Retain

Investments

 

Investment Policy

Retain

Loans

 

Additional Payments - Housing loans

Retain

Housing Loans

Retain

Interest Rates on Renewal Loans

Retain

Loans - Sewerage Connection

Retain

Plant Hire and Private Works

 

Carrying Out Private Works

Retain

Increase - Private Works

Retain

Reports to Council - Private Works

Retain with amendment to remove "(previously $10,000)".

Rate Collections

 

Pensioners' Rates

Retain

Rate Income - Maximising Of

Retain

Restriction, Disconnection and Debts Recovery Procedures for User Pays Water Accounts

Retain

Caravan Parks

 

Fees for Pensioners

Retain

Cemeteries

 

Columbarium - Use of Fees

Retain

Headstones and Plaques

Retain

Plaques - War Service

Retain

Halls and Other Buildings

 

Amusu Theatre - Trusteeship

Retain

CIP Valid Period of Offer Policy

Retain

Cumnock War Memorial Hall and Cumnock Community Centre

Retain

Molong and Cudal Community Centres - Hire of Chairs and Tables

Retain with amendment to: "That Council cease hire of chairs and tables from the Molong Community Centre unless a suitable monitoring arrangement is put in place and equipment at Cudal Community Centre be monitored for any loss or damage."

Old Shop - 97 Bank Street, Molong

Retain

Public Halls Operated by Local Committees (Under s355)

Retain

Mobile Phones

 

Mobile Phones Policy

Retain

Bush Fire Control

 

Bush Fire Brigades - Amalgamation

Retain

Environmental Preservations

 

Genetically Modified Organisms

Retain with amendment - "Cabonne strongly disagrees with growing Genetically Modified crops."

LEP

 

Reconstitution of Existing Holdings

Retain

Developments

 

Footpaths - Use for Outdoor Eating Areas

Retain - to be incorporated into LEP/DCP review.

Guarantees Bonds - Minimum Requirement

Retain

Medium Density Housing - Development Standards

Retain - to be incorporated into DCP/LEP review.

Restriction to User - No Dwelling Entitlement

Retain

Use of Colorbond in Visually Prominent Areas

Retain with amendment - being deletion of the introductory line:“THAT Policy 30 Use of Colourbond in visually prominent areas be amended to read:”

Inspections

 

Building Inspections

Retain

Council Image and Public Relations

 

Anzac Day Celebrations - Attendance in Orange

Retain with amendment - being deletion of the words "Ophir Ward".

Australia Day

Retain

Australian Flag

Retain

Code of Conduct

Retain

Youth Ambassador Award-Criteria for Determination  Name Badge

Retain

Council Meetings and Committees

 

Code of Meeting Practice

Updated version currently open to submissions- Separate Report re adoption to February Council

Committee Meeting Structure

Retain with update - September 2009 decision refers

Council Meetings - Fixing the Date and Time of Regular Meetings

Retain with update - September 2009 decision refers

Councillor Fees (Meeting Fees)

Retain

Councillors and Mayoral Fees Annual Review Policy

Retain

Outstanding Service Award - Elected Members

Retain

Payment of Expenses and Provision of Facilities for Mayor and Councillors 2010

Retain

Inter-Government Relations

 

Amalgamations

Retain

Corrupt Conduct - Reporting to ICAC

Retain

Legal costs

 

Policy for 3rd party legal costs

Retain

Human Resource Management

 

Appointment of Staff incl Directors

Retain

Consultative Committee

Retain

Engaging Staff on Less than Full Time Hours.dot

Retain

Retirement Planning - Seminars

Retain

Uniforms Adopted by Council

Retain - to be added to HR Manual

Variable Start and Finish Times

Retain - to be added to HR Manual

OHS and Risk Management

 

Accident and Incidents Reporting and Investigation Policy

Retain

Drug and Alcohol Free Workplace Policy

Retain - to be reviewed as part of HR Manual review.

No smoking policy

Retain

Occupational Health and Safety Policy

Update for adoption  - see separate  Report to February Council

Work place safety audits and inspections

Amendment required - see separate Report to February Council.

Organisation Management

 

Access to information Policy

Retain pending full implementation of GIPA Act (replaces FOI Act).

Apology Policy

Amendment required - see separate Report to February Council.

Committees under s355 - Authorisation

Retain

Complaints Handling Policy

Update for adoption  - see separate  Report to February Council

Customer Service Guarantee

Retain

CWL Children's Policy

Retain

Donations Policy

Retain

Freedom of Information Act

Retain pending full implementation of GIPA Act (replaces FOI Act).

Goods - Preference for Purchasing Australian

Retain pending a Local Purchasing Policy which is being developed which will cross reference. 

Insurance Claims - s355 Committees

Retain

Official Office Hours

Retain

Organisational Structure

Retain and update as resolved at July 2009 Council meeting (09/07/06) “THAT:
1. Council’s organisational structure consisting of the General Manager, Finance and Corporate Services, Engineering and Technical Services and Environmental Services Departments be endorsed.
 2. A further review be undertaken again within 12 months.”

Policy on Sign Off of Council Correspondence

Retain until Guidelines / Business Rules updated

Privacy Management Plan

Retain pending Privacy Commissioner's new guidelines expected 2010)

Procurement Policy

Review required - pending new Tendering Guidelines recently adopted. 

Public Liability - Itinerant Traders

Retain

Receipting Facility Orange - Casual Office Facilities

Retain with amendment that "...  and that the arrangement be reviewed after twelve months " be deleted.

Tendering Requirements

Retain

Noxious Weeds

 

Fines - Noxious Weeds Act - Provision for Applying Fines

Retain

Isolated Plants

Retain  pending new class 4 weeds management plan

Policy Statement - Noxious Weeds

Retain pending new class 4 weed management plan

Privet

Retain with amendment -  add "annual" to Media releases.  Pending merging with "Privet Removal - Molong Policy".

Proposed County Council

Retain

Prosecutions - Procedure Prior to

Retain - to be combined with "Prosecutions" policy.

Prosecutions - Withdrawal

Retain - to be combined with "Prosecutions" policy.

Prosecutions

Retain - to be combined with 2 previous policies.

Supply of Weedicides to Private Individuals

Retain

Possible Delegations

 

Building Alignment

Retain

Sewerage
Retained following pending combination of all Sewerage policies to one policy 

Canowindra Sewerage Scheme

Retain

Capital Contribution Payments - Eugowra and Canowindra Sewerage Schemes

Retain

Cudal Sewerage Scheme

Retain

Eugowra Sewerage - Additional Cost of House Connections due to flat grades

Retain

Eugowra Sewerage - Connection

Retain

Eugowra Sewerage - Headworks Fees

Retain

Sewer Main Extension - Rural 1(c) Zones

Retain

Sewer Main Extension

Retain

Tourism and Promotion

 

Australian National Field Days - Award

Retain with amendment adding an additional prize for Best Presented Local Exhibit. 

Cabonne Country Signage

Retain with amendment to read "Council" not "Country".

Daroo Awards - Council Contribution

Retain

Hire of the Public Address System Policy

Retain

Parks Sporting and Recreation

 

Canowindra Sports Ground - Watering

Retain

Park in Kiewa Street, Manildra

Retain

Sports Councils

Retain

Trees - Sale of

Retain

Use of Trotting Track at Molong Showground

Retain

Swimming Pools

 

Alcohol - Consumption within Enclosed Area

Retain

Provision of Telephone Facilities

Retain

Town Beautification

 

Alcohol Free Zones

Retain

Privet Removal - Molong

Retain – pending combining with "Privet  Policy".

Sharps Disposal Units

Retain

Skateboards on Footpaths - Bank Street Molong

Retain

Road Maintenance

 

Local Road Naming Policy

Retain

Road Barriers - Applications for Erection - Processions etc

Retain with amended name to “Temporary Road Closures (other than emergency or road works)"

Road Closure and Purchase Applications

Retain

Road Openings - Private Water Pipelines

Retain

Roads - Fencing, Ramps

Retain

Tree Maintenance Trimming - To maintain Clearance from Power Lines

Retain with amendment that: “Council will remove tree trimmings in conjunction with Country Energy power lines maintenance."

Work By Private Contractors on Public Roads, Reserves and Private Property

Retain

Traffic Facilities and Road Safety

 

Bus Stops - Signs

Retain with amended title to "School Bus Stops" 

McGroder, King and Queen Streets Molong - Application of Load Limit

Retain - NOTE: all Load Limit policies to be placed on one policy.

Phillip Street Molong - Reopening to heavy traffic

Retain

Road Load Limits - Beatty and Burrawong Streets Cumnock

Retain

Road Load Limits - Boree Street Cudal

Retain

Road Load Limits - Canowindra

Retain

Road Load Limits - Gaskill Street Canowindra

Retain

Road Load Limits - Millthorpe Vittoria Road

Retain

Road Load Limits - South Street Molong

Retain

Rocky Ponds Road

Retain - with amended title to "Road Load Limits - Rocky Ponds Road"

Vittoria to Millthorpe Road - Application of Load Limit

Retain - with amended title to "Road Load Limits - Vittoria to Millthorpe Road"

Waste Management

 

Domestic Waste Management Charge - Vacant Premises

Retain

Waste Management Charge - Community Groups

Retain

Floodplain Management

 

Voluntary Purchase - Land Maintenance Policy

Retain

Voluntary Purchase Scheme - Eugowra

Retain

 

Water Supplies

All Molong Water Supply policies to be combined and retitled as Cabonne Water Supply. 

Cross Connection Control in Water Supplies

Retain with amendment to read "For Cross Connection Control in Water Supplies Council is to install non-testable devices on all hazard premises."

Culverts, Water Service Through

Retain

Irrigation Licences - Issue of

Retain

Irrigation Licences

Retain

Molong Water Supply - Private Connections

Retain

Molong Water Supply Catchment Management Plan

Retain

Mullion Creek Public School - Water Supply

Retain

Request for Reduction in Water Consumption Costs Policy

Retain

Water Agreements - Special on Rising Main

Retain - with amended title to “Special Water Agreements on Main”

Water Main Extension - Riddell Street, Molong

Retain

Water Main Extension - South Street, Molong

Retain

Water Main Extension

Retain

Water Supply - Properties in 1 (c) zones - Molong

Retain

 

 


Item 15 Ordinary Meeting 15 February 2010

Item 15 - Annexure 3

 

POLICIES TO BE REVIEWED AND REPORTED TO COUNCIL

Animal Control

Animals and Poultry, Keeping of

DES to report to March Council

Grazing Road Reserves

DETS to report to March Council

Stock Movement, Molong

DETS to report to March Council

 

Community Transport

 

All

CSM to combine into one document and report to March Council

 

Community Visitors Scheme

 

Community Visitors Scheme UR

CSM to report to February Council

 

Family Day Care

 

All

CSM to combine into one document and report to February Council

 

Mullion Creek After School Hours Care Service

 

All

CSM to combine into one document and report to future Council meeting

 

Donations

 

Canowindra Lions Club - Lease of Railway Station

DFCS report to April Council

 

Gravel Quarries

 

Gravel Royalty Rates

DETS report to May Council

Quarries – Tuckers and Cummins – Reserve for Restoration

DETS report to May Council

 

Lease and Land Acquisition

 

Land Acquisition – Public Roads Act

DETS report to May Council

Leasing Unnecessary Roads – ss 153, 157 Roads Act 1993

DETS report to April Council

 

Purchasing

 

Government Stores and Government Contracts

DETS to report to March Council

 

Rate Collections

 

Rates – Supplementary Levy Quarterly Due Dates

DFCS to report to March Council

Rating - Farmland

DFCS to report to March Council

Water Charges - Hospitals

DFCS to report to March Council

 

Cemeteries

 

Cabonne Cemeteries

DES to report to April Council

 

Halls and Other Buildings

 

Molong Community Centre – Hire of Kitchen Equipment

DETS to report to March Council

 

Economic Development

 

Co-operation - Orange, Cabonne, Blayneydoc

EDM to report to April Council

 

Bush Fire Control

 

Hazard Reduction Certificates

DFCS to report to March Council

Portable Equipment

DFCS to report to March Council

Preventative Burning

DFCS to report to March Council

Rural Fire Brigade Constitution

DFCS to report to March Council

 

Emergency Services

 

Canobolas Zone Liaison Committee - Zoning

DFCS to report to February Council

 

Amusement Devices

 

Amusement Devices

DES to report to March Council

 

Environmental Preservations

 

Environmental Flows – Molong Creek

DETS to report to April Council

 

Noise

 

Installation of Hail Cannons

DES to review with Exempt complying legislation Retain in interim

Scare guns

DES report to April Council

 

Sewerage Management  

 

Onsite Sewerage Management Strategy

DES report to April Council

Onsite Waste Water Management Systems

DES report to April Council

Septic Tanks -Aerobic

DES report to April Council

 

Signs

 

Promotional Signage within the Cabonne Council area

DES report to April Council

Property Signposting

DETS report to June Council

 

Developments

 

Basix Certificates for Manufactured and relocatable dwellings

DES report to May Council

Dwarf Walls

DES report to April Council

Dwelling Entitlements - Use of SEPP1

DES report to April Council

Housing Construction - Water Tanks

DES report to April Council

Mud-Brick Construction

DES report to June Council

Notice of Application to erect a building

DES report to April Council

Pine Tree Planting - Distance from Boundary Fences - Pine Forests

DES report to April Council

Development Objections - On site meetings

DES report March Council

 

External Agency Fees

 

Building Services Corporation

DES report to March Council

 

Council Image and Public Relations

 

Australia Day - Timetable

AM Report to March Council

Council Logo - Use of

Report to May Council by new EDM

Media Policy

Review and Report on appointment of Communications & Media Officer

Welcome to New Cabonne Residents

Report to March Council by P&TO

 

Council Meetings and Committees

 

Committee Meetings - Local Traffic Committee

DETS report to March Council

Ward Structure

DFCS report to September Council

 

Human Resource Management

 

Interview Expenses

DFCS report to March Council

 

OHS and Risk Management

 

Occupational Health and Safety Committee - Formation of

Report to May Council by new RMO

Occupational Health and Safety Rehabilitation and Workers Compensation

Report to May Council by new RMO

Risk Management

Report to May Council by new RMO

 

Organisation Management

 

Child Protection Policy

CSM report to March Council

Customer Service Policy

DFCS  report to March Council

Goods - Preference for Purchasing Australian

DETS report to March Council Retained pending a Local Purchasing Policy which is being developed which will cross reference

Procurement Policy

AM  report to May Council

Protected Disclosures Policy

DFCS to report to March Council

Records Management Policy Statement

AM to report to June Council

Rural Addressing

DFCS to report to June Council

Signs as Remote Supervision

DETS report to March Council

 

Noxious weeds

 

Privet

DETS report May Council - combine with "Privet Removal - Molong Policy"

 

Possible Delegations

 

Matters to be reported to Full Council

DES to report to March Council

 

Sewerage

 

All Sewerage charges policies to one policy: a) 4TS and b) others

DFCS Report to April Council

 

Tourism and Promotion

 

Event Management Policy

New EDM and RMO to report to May Council

F.O.O.D and Other Committees

New EDM report to May Council.

 

Parks Sporting and Recreation

 

Dog Control - Canowindra Parks and Oval

DES report to April Council

DETS to report on signage erected to March Council.

Pioneer Park, Eugowra

DETS report to May Council

Public Use of Sporting Fields

DETS report to April Council

 

Swimming Pools

 

Cumnock Swimming Pool - Private Use

DETS report to May Council

Managers and Supervisors - Minimum Qualifications

DETS report to February Council

 

Road Maintenance

 

Tree Management

DETS report to July Council

Waste Management

 

Council Landfill Sites - Access

DES report to April council.

Fines for Uncovered Loads - Canowindra District

DES report to April Council

Waste Collection Districts

DES report to April Council

Waste Management - Landfill Operations - Restricted Access Times

DES report to April Council.

 

Water Supplies

All Molong Water Supply policies to be combined and retitled as Cabonne Water Supply.  DETS report May Council

 

Public Water Supplies - Restriction

DETS report to March Council

 

 


Item 16 Ordinary Meeting 15 February 2010

Item 16 - Annexure 1

 

Apology Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[14 January 2010]

Author

Risk Management Officer

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

DRAFT

Next Review Date

 

Minute number
(once adopted by Council)

 

2 Summary

All apologies by Council in connection to Council’s roads or footpaths must be issued in accordance with this policy. 

3 Approvals

Title

Date Approved

Signature

 

 

 

4 History

Minute No.

Summary of Changes

New Version Date

04/04/38

 

19/04/04

 

Reviewed by Risk Management Officer - reference to legislation added.

14 January 2010


 

5 Reason

This policy has been developed taking into consideration the provisions of the Civil Liability Amendment (Personal Responsibility) Act (The Act) and advice from the NSW Ombudsman’s Office and Statewide (Council’s Underwriter).

According to the NSW ombudsman, “when things go wrong, many complainants demand no more than to be listened to, understood, respected and, where appropriate, provided with an explanation and apology.”

6 Scope

Council may consider apologising to an aggrieved person where it appears, prima-facie, they have suffered some detriment in connection to Council’s roads or footpaths.

Apologies should not be made for potential liabilities as set out in s3B of the Civil Liability Act 2002.

7 Associated Legislation

Civil Liability Act 2002

8 Definitions

An apology as defined in the Act is “an expression of sympathy or regret, or of a general sense of benevolence or compassion, in connection with any matter whether or not the apology admits or implies an admission of fault in connection with the matter” (s68).

9 Responsibilities

9.1 GM

The General Manager is responsible for the overall control and implementation of the policy.

9.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their areas of responsibility.

9.3 Supervisors

Supervisors are responsible for ensuring that all employees within their area of responsibility follow all procedures in relation to this policy.

9.4 Employees

Employees must undertake all procedures in relation to complying with this policy.

9.5 Others

All labour hire personnel and contractors must adhere to Council’s policies and procedures.


Item 16 Ordinary Meeting 15 February 2010

Item 16 - Annexure 1

 

10 Related Documents

Document Name

Document Location

NIL

 

11 Policy Statement

Apologies issued by Council will be done so promptly and sincerely.

All apologies will be in writing.

An apology may only be drafted by Council’s Risk Management Officer and signed off by the General Manager on apology letters that are acceptable to the Council’s Underwriter for use in conjunction with this policy.

An apology will not make any admission, offer, promise or payment in connection with any occurrence or claim.

Where Council becomes aware of an act or incident through legal representation, then advice should be sought from Council’s underwriter as to whether an apology would be appropriate.

Apologies will not extend to an explanation of how the act or omission occurred.

An apology should include the following:

1.         Scope – a description of the relevant event to which the apology applies. Specific details of where the event occurred should be included. Do not include any assumptions on how the event occurred.

Eg   “Council is sorry to hear that you recently tripped on the footpath in Moon Street outside number 1234 …….. on Sunday 1 January 1985………”

2.         Detriment – Recognition that the affected person has suffered some detriment and acknowledgement of the types of detriment suffered. These can be physical and/or emotional.

Eg   “…….and that you were embarrassed to suffer a scraped knee…..”

Council recognised that this incident caused you inconvenience”

3.       Action Taken or Proposed – a statement of the action taken.

          Eg     “Council will refer the matter to the appropriate department for investigation”

4.       Conclusion.

          Eg     “…..Thankyou for bringing this matter to Council’s attention…..”

 

 


Item 16 Ordinary Meeting 15 February 2010

Item 16 - Annexure 2

 

Occupational Health and Safety

Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[19 January 2010]

Author

Risk Management Officer

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

DRAFT

Next Review Date

 

Minute number
(once adopted by Council)

 

2 Summary

The Occupational Health and Safety of all persons employed by Cabonne Council and those visiting the organisation are considered to be of the utmost importance.  Resources in line with the importance will be made available to comply with all relevant Acts and Regulations and to ensure that the workplace is safe and without risk to health.

3 Approvals

Title

Date Approved

Signature

 

 

 

4 History

Minute No.

Summary of Changes

New Version Date

 

Reviewed by Risk Management Officer

19 January 2010


 

5 Reason

This policy exists to record Cabonne Council’s view that the Occupational Health and Safety of all persons employed by and those visiting the organisation are considered to be of the utmost importance. 

6 Scope

Addresses the responsibility of employer and employees and outlines goals for OHS.

7 Associated Legislation

OHS Act 2000

OHS Regulation 2001

8 Definitions

9 Responsibilities

9.1 GM

The General Manager accepts overall responsibility for the effective management of workplace health, safety and welfare.

9.1 Directors, Managers and Supervisors

Managers and supervisors at all levels are responsible, within the scope of their authority, for ensuring that:

·    The objectives of this policy are integrated into work practices

·    The tasks required for the successful implementation of this organisation’s risk management program are undertaken

·    Employees are consulted on workplace health and safety matters which may affect them

·    Communication on OHS issues is promoted as a normal component of work

·    All plant, substances and work systems used are suitable for their intended purpose in the workplace and meet safety requirements

·    Adequate training, information, instruction and supervision are provided so that work is conducted safely

·    Contractors and visitors are made aware of safety procedures

·    Immediate and appropriate steps are taken to investigate and rectify any risks to health and safety arising from work activity

·    The attention of senior management is promptly brought to any relevant health and safety issues

·    All accidents and near misses are properly recorded and reported, and an investigation is carried out to determine casual factors

·    Safe access to, and egress from the workplace is maintained at all times

9.2 Employees

Employees are responsible for:

·    Carrying out their duties in a manner which does not adversely affect their won health and safety or that of others

·    Cooperating with measures introduced in the interests of workplace health and safety

·    Undertaking any training provided in relation to OHS

·    Immediately reporting all matters which may affect workplace health and safety to their supervisor

·    Correctly using any information, training, personal protective equipment and safety devices provided

·    Refraining from intentionally misusing or recklessly interfering with anything that has been provided for health and safety reasons

·    Undertaking only those tasks for which they have authorisation and/or the necessary training, and for which all necessary safety arrangements are in place

9.3 Others

Occupational health and safety committee

The workplace health and safety committee has a duty to:

·    Promote fulfilment of this policy’s objectives

·    Support the successful implementation of the risk management program

·    Facilitate consultation on OHS matters

·    Encourage cooperation with agreed OHS measures and objectives

·    Immediately report to management any issue which may affect workplace health and safety

·    Participate and cooperate in workplace investigations into accidents, incidents or near misses

Contractors and Sub-contractors

All contractors and sub-contractors engaged to perform work on Council premises or locations are required to comply with Council’s OHS policies and procedures and to observe directions on health and safety from designated officers of Council.

10 Related Documents

Document Name

Document Location

 

 

11 Policy Statement

Cabonne Council accepts responsibility for the safety and occupational health of its employees in their workplace and will take all practical steps to establish and maintain an effective accident prevention and safety awareness programme and to comply with all statutory requirements with regard to safety and health as applying to all phases of Council’s operation and functions.

Council and its employees acknowledge that employees also have a responsibility to act in a safe manner and observe Occupational Health and Safety requirements for their own and their workmates’ safety.

Goals

·    To comply with legislation, codes of practice and Council policies

·    To reduce accidents in the workplace

·    To make OHS an integral part of all positions

·    To involve employees in the decision process through communication, consultation and training to ensure safety

·    To manage all potential hazards in the workplace

·    To ensure all actual incidents are investigated and causes controlled

·    To provide effective injury management for employees

·    To keep abreast of modern accident prevention techniques by keeping abreast of industry trends and requirements and implementation of all Acts and Regulations as applicable to Local Government functions

·    To ensure that at no time is safety compromised

·    To make employees aware of their responsibilities for their own and their workmates’ safety

 


Item 16 Ordinary Meeting 15 February 2010

Item 16 - Annexure 3

 

Work Place Safety Audits and

Inspections Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[20 January 2010]

Author

Risk Management Officer

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

DRAFT

Next Review Date

 

Minute number
(once adopted by Council)

 

2 Summary

This policy relates to Council’s responsibilities in relation to workplace safety audits and inspections.

3 Approvals

Title

Date Approved

Signature

 

 

 

4 History

Minute No.

Summary of Changes

New Version Date

07/05/20

 

12/03/07

 

Reviewed by Risk Management Officer

20 January 2010


 

5 Reason

This policy is a regulatory requirement under the OHS Act 2000.

6 Scope

This policy covers all council employees as well as hire and contractor employees.

7 Associated Legislation

The Occupational Health and Safety Act 2000

The Occupation Health and Safety Regulations 2001

8 Definitions

9 Responsibilities

9.1 GM

The General Manager is responsible for the overall control and implementation of the policy.

9.2 Directors and Managers

Directors and Managers are responsible for the control of the policy and procedures within their areas of responsibility.

9.3 Supervisors

Supervisors are responsible to ensure that all employees undertake their duties in a responsible manner and follow all procedures in relation to this policy.

9.4 Employees

Employees must undertake all procedures in relation to complying with this policy.

9.5 Others

Hire Labour and Contractors

All labour hire personnel and contractors are to adhere to Councils policies and procedures.

Related Documents

Document Name

Document Location

OHS Inspection Checklist v2

Occupational Health and Safety tab on the Intranet

10 Policy Statement

Council is to ensure there is in place an arrangement for conducting workplace safety audits and inspections.  The workplace safety audits and inspections are to assist Council determine the effectiveness of the risk control procedures and to identify any shortcomings in the procedures.

Procedure

OHS Worksite Inspections are required to be conducted for all Cabonne Council permanent worksites in May and November.  This is to be done using the OHS Inspection Checklist v2, which is available on Council’s Intranet.  The checklist is to be forwarded to the Risk Management Officer to follow-up any required actions.

Council’s OHS Committee will complete an OHS Worksite Inspection on each of Council’s permanent worksites at least once per year.

The Risk Management Officer will undertake the StateCover OHS Self Audit and Statewide Public Liability Audit on an annual basis.  A report of the results will be prepared for Council.

 

 

 


Item 19 Ordinary Meeting 15 February 2010

Item 19 - Annexure 1

 

 

 

STRATEGIC PLAN

2009/2010

December Review

 

 

 

 

 

 

 

 

 


 

1. Governance

 

Goals:

 

§   To provide efficient, effective and relevant Local Governance for Cabonne through an open and responsive Council and Committee meeting process 

§   To maintain strong relationships and liaise effectively with all relevant Government agencies and other Councils

§   To ensure long term viability of Wellington/Blayney/Cabonne Strategic Alliance

Objectives

Performance Measures

Responsibility

 

Progress

1. Provide quality administrative support and governance to Councillors and Residents 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Develop and maintain a unified Council that is accountable and transparent

 

 

 

 

 

 

3. Enhance responsiveness to the community current and future needs & objectives

 

 

4. Maintain effective links with State and Federal members of parliament

 

5. Maintain active membership of CENTROC, LGSA and other forums

 

 

 

 

 

 

1.1 Review the effectiveness of business paper procedures

DFCS

 

Automatic Filing amendment due early 2010.  Specs for Actions Register completed.  Upgrade due 2nd qtr 2010.

1.2 Provide and retain skilled and trained staff to deliver Council services

ALL

Draft Training & Development Plan approved.

1.3 Actioning of Council Motions

ALL

Reported to October, November and December meetings.

2.1 Provide appropriate mechanisms for democracy and participation for Cabonne residents

DFCS

Meeting schedule updated.

2.2 Review effectiveness of community consultation/feedback systems

DFCS

Updates on actions posted on Council’s website for October, November & December

2.3 Review wards as part of Local Government Act requirements

DFCS

Ward Review Committee to meet in third quarter.

2.4 Maintain local governance

 

 

DFCS

Contract made with Alliance Partners regarding software.

 

HR Officers and WBC Project Officer lodging application for funding under PPP Training Program

 

Meeting with Engineers and Finance Managers regarding valuation of assets.

3.1 Develop the CCP 2025

 

 

 

DFCS

Presentation at September Council meeting. Councillor workshop held December. Data analysis finalised. Draft plan written.

4.1 Appropriate communications and representations on relevant issues

ALL

Russell Turner attended November Council meeting.

5.1 Attendance at meetings

ALL

CENTROC Board Meeting attended by GM 26/11/09

 

Economic Development Forum attended 8/12/09

 

HRO attended CENTROC HR meeting on 24/11/09

 

HRO attended National HR Conference from 18/11 – 20/11

 

CENTROC Health Workforce meeting attended by CSM

5.2 Matters are brought forward by Cabonne at those forums

ALL

RMO arranged presenters on current issues for Centroc group

5.3 Participation in programs

ALL

Participation in Compost Project. Ongoing participation in Film Central

 

RMO participating in on-going ERM Project

6. Active commitment to the WBC Alliance

6.1 Attendance and involvement at meetings

ALL

 

Manager’s Forum held at Wellington November

 

WBC Board attended by GM, Mayor and Clrs 2/12/09

 

Professional Team meetings attended 18/11/09

 

Economic Development Manager presented to forum internal audit.

 

Tourism cooperative advertising in Dubbo Visitors guide

 

6.2 Participation in joint projects

ALL

 

Long Term Financial Plan discuss with Alliance with possibility of savings

 

6.3 Benefits achieved

ALL

 

Funding application successful for development of Environmental Sustainability Plan

7. Ensure the ongoing financial sustainability of Cabonne Council

7.1 Ongoing financial sustainability maintained.

ALL

 

Presented to November Council meeting.