cabonne Council colour 200 wide

 

 

 

 

 

 

11 May 2010

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 17 May 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 19 April 2010, the Extraordinary held 3 May 2010.

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 – MAY 2010 COUNCIL MEETING

 

10.20am            

Volunteer of the Month Award presentation - Norm Baker

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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

 

 

 

 

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 17 May, 2010

Page 1

TABLE OF CONTENTS

 

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

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

ITEM 3      DECLARATIONS OF POLITICAL DONATIONS ............................ 5

ITEM 4      MAYORAL MINUTE.............................................................................. 5

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

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

ITEM 7      CADIA EAST DEVELOPMENT APPROVAL - COUNCIL CONTRIBUTIONS      7

ITEM 8      MACQUARIE VALLEY WEEDS ADVISORY COMMITTEE NEW FUNDING ARRANGEMENTS - MOU WITH CABONNE COUNCIL................ 9

ITEM 9      CODE OF CONDUCT REVIEW COMMITTEE................................. 9

ITEM 10    INDEPENDENT AUDIT FUNCTION................................................. 11

ITEM 11    FLYING FOX POPULATION IN AND AROUND ORANGE......... 12

ITEM 12    GST Compliance Certificate................................................. 13

ITEM 13    Quarterly Budget Review for the period from 1st January 2010 to 31st March 2010...................................................................... 14

ITEM 14    POLICY DATABASE - AUSTRALIA DAY OFFICIAL PARTY TIMETABLE POLICY................................................................................................................. 18

ITEM 15    POLICY DATBASE - CODE OF CONDUCT POLICY.................. 21

ITEM 16    POLICY DATABASE - Council Landfill Sites - Access and Waste Management - Landfill Operations - Restricted Access Times 22

ITEM 17    POLICY DATABASE - PROCUREMENT (Including Local Preference)  POLICY.................................................................................................. 23

ITEM 18    POLICY DATABASE - Welcome to New Cabonne Residents Policy and F.O.O.D and Other Committees Policy............................. 26

ITEM 19    LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2010 ANNUAL REVIEW – COUNCILLORS & MAYORAL FEES ............................................. 27

ITEM 20    Notice of Motion - Tabled Reports................................. 33

ITEM 21    Notice of Motion - Attendance at Conference and Breakfast by Clr Culverson.............................................................................. 33

ITEM 22    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 34

ITEM 23    COMMUNITY SERVICES COMMITTEE MEETING...................... 35

ITEM 24    Banjo Patterson Statue at Yeoval................................ 35

ITEM 25    Rural Fire Service Station, March Brigade.............. 38

ITEM 26    WORKS COMMITTEE MEETING MINUTES.................................. 39

ITEM 27    CARAVAN PARK COMMITTEE MEETING MINUTES................. 40

ITEM 28    TRAFFIC COMMITTEE MINUTES................................................... 40

ITEM 29    POLICY DATABASE - LAND ACQUISITION - PUBLIC ROADS ACT        41

ITEM 30    Molong Showground............................................................... 42

ITEM 31    ACCREDITATION OF BUILDING INSPECTORS......................... 43

ITEM 32    Draft Potential Amendments to the Standard Instrument (LEP Template).......................................................................................... 45

ITEM 33    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE      47

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      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 5      MOLONG INDUSTRIAL ESTATE-EXTENSION  OF WATER AND SEWER MAINS

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

ITEM 6      Plant Replacement - Prime Mover

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

ITEM 7      Plant Replacement - Low Loader

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

 

ANNEXURE ITEMS

 

ANNEXURE 5.1    Minutes of the Ordinary Meeting held 19 April 2010  48

ANNEXURE 5.2    Minutes of the Extraordinary Meeting held 3 May 2010   74

ANNEXURE 8.1    MVWAC - MOU...................................................................... 78

ANNEXURE 12.1  GST Compliance Certificate 2009 10................... 94

ANNEXURE 13.1  March 2010 QBR in new format.............................. 95

ANNEXURE 13.2  Reserves 2009 10 March 2010 QBR....................... 101

ANNEXURE 15.1  Code of Conduct Policy......................................... 106

ANNEXURE 16.1  DRAFT Council Landfill Sites Access Policy 132

ANNEXURE 17.1  Review of proposal for inclusion of local preference in tenders............................................................................. 135

ANNEXURE 22.1  Report of the Economic Development & Tourism Committee                                                                                                 139

ANNEXURE 23.1  Report of the Community Services Committee   144

ANNEXURE 25.1  Construction of Fire Station - March RFS. 148

ANNEXURE 25.2  Proposed site for March RFS Station.......... 149

ANNEXURE 26.1  Report of the Works Committee...................... 150

ANNEXURE 27.1  Caravan Park Committee Minutes - 5 May 2010 157

ANNEXURE 28.1  Traffic Committee Minutes April 2010............ 160

ANNEXURE 29.1  Land Acquisition - Public Roads Act............... 166

ANNEXURE 33.1  Report of the Environmental Services & Sustainability Committee........................................................................ 170 

 


 

 

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 - 164534

 

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 - 164507

 

General Manager's REPORT

 

A call for declarations of interest.

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

 

 

 

ITEM 3 - 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 - 164513

 

General Manager's REPORT

 

A call for Political Donations.

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

 

ITEM 4 - 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 - 164517

 

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 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.  Minutes of the Ordinary Meeting held 19 April 2010

2.  Minutes of the Extraordinary Meeting held 3 May 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 164405

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.   Minutes of the Ordinary Council meeting held on 19 April 2010

2.   Minutes of the Extraordinary meeting held on 3 May 2010

 

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 19 April 2010 and the Extrodinary Meeting held on 3 May 2010 be adopted.

 

 

 

ITEM 6 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

164541

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 - CADIA EAST DEVELOPMENT APPROVAL - COUNCIL CONTRIBUTIONS

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update of negotiations relating to the developer contributions associated with the Cadia East Development.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

 Environmental Management

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183932

 

General Manager's REPORT

 

Council has previously been advised of the approval for the Cadia East Development which is located in the Blayney Shire Council.  In those discussions Council was advised that as part of the consent conditions an amount of $8M was provided for contributions to the Blayney, Orange and Cabonne Councils for infrastructure and community projects through a formal Planning Agreement to be drawn up within 12 months of the Development Consent.

 

This amount is broken up as follows:

 

   Contributions to the Councils up to a total of $8M ($3M upfront [within the first 3 years] and $238,000 each year for 21 years) for:

 

o    Upgrade of the Council’s road infrastructure affected by the project; and

 

o    General community enhancement to address social amenity and community infrastructure requirements arising from the project.

 

Council at its December 2009 meeting resolved:

 

“THAT Council enter into discussions with Orange City Council and Blayney Council concerning the Voluntary Planning Agreement for the Cadia East Project and the matter be subject of a further report to Council.”

 

Following the Development Consent issued by the Minister for Planning in January 2010 and the recent decisions by the Newcrest Board to proceed with the project, a review meeting was subsequently held with the General Manager’s of the three Councils on Thursday 29 April to discuss the issue.  At that meeting the position of the three Councils was discussed and it was suggested that to advance the matter of the distribution of the funds under the Planning Agreement, the Department of Planning be invited to meet with the three Councils to determine an appropriate break up.

 

Council has also previously given consideration to meeting with Orange City Council and Blayney Shire Council to discuss the issue as well and, following discussions with the Mayor, it is suggested that these meetings take place in tandem with the proposal to involve the Department of Planning.

 

Councillors should note that part of the $3M upfront has already been designated to go towards the upgrade, realignment and reconfiguration of the Cadia/Four Mile Creek intersection.

 

A separate agreement for the ongoing maintenance and rehabilitation for Cadia Road has also been negotiated between Cadia Valley Operations, Orange and Cabonne Councils.  Road conditions rating and assessment works have been agreed to by the respective Engineering Departments of both Councils and is underway.  A report will be prepared by Council’s Engineering Department when this process has been completed.

 

 

 

Recommendation

 

THAT Council:

 

1.  Support discussions with the Department of Planning to determine a suitable break-up and allocation of the developer contributions for the Cadia East Project.

2.  The Mayor, General Manager and other Council representatives meet with the full Orange City and Blayney Shire Councils to discuss the matter further.

3.  A further report be presented to Council once the condition rating and assessment of Cadia Road has been completed.

 

 

 

 

ITEM 8 - MACQUARIE VALLEY WEEDS ADVISORY COMMITTEE NEW FUNDING ARRANGEMENTS - MOU WITH CABONNE COUNCIL

REPORT IN BRIEF

 

Reason For Report

Providing a copy of the MOU to be signed.

Policy Implications

Continuation of current arrangements

Budget Implications

Cost to Cabonne to be reimbursed from MVWAC

Area of Responsibility

 Government Relations

Annexures

1.  MVWAC - MOU    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184128

 

General Manager's REPORT

 

Council will recall this matter was the subject of a report to the April meeting with a resolution passed that the final MOU be reported to Council prior to execution.

 

The MOU is now ready to be signed by all member Councils of the Macquarie Valley Weeds Advisory Committee and a copy is attached for Council’s information.

 

 

Recommendation

 

THAT Council approve the signing of the MOU between Cabonne Council, MVWAC and MVWAC member Councils for the administration of the NSW Weeds Action Program and authorise appropriate action for the MOU to be executed.

 

 

 

ITEM 9 - CODE OF CONDUCT REVIEW COMMITTEE

REPORT IN BRIEF

 

Reason For Report

Seeking resolution to appoint members of Council's Code of Conduct Review Committee.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184224

 

Director of Finance and Corporate Services' REPORT

 

In April 2009, Council appointed Mrs B Connelly, Miss R Finn and Mr M Szalajko to the Code of Conduct Review Committee panel.

 

Mr Szalajko has since been transferred out of the area and advertisements are currently being called for a replacement.  However, at the time of making the resolution, it was indicated that through the WBC Alliance Council, members of a Code of Conduct Committee would be selected from the panels of adjoining Alliance Councils.

 

In addition, at the time, Council did not appoint an Independent Reviewer to conduct independent reviews where so required.  These people must be named in a resolution by Council to form such a Committee or perform the duties of an Independent Reviewer.

 

Blayney and Wellington Councils have been contacted and they have advised that panel members from their area are:

 

Wellington

Blayney

Helen Swan

Jennifer Conn

Kerry Hoffman

Tony Cheney

Graeme Summerson

Chris Nichols

 

Blayney Council has already utilised the services of Wellington’s review panel members and also the services of Jennifer Conn from Wellington as an Independent Reviewer and have given her a high recommendation.  On this basis, it is suggested that Council appoint the members from the Blayney panel to be its conduct review panel and appoint Jennifer Conn as the Independent Reviewer.

 

 

Recommendation

 

THAT Mr Tony Cheney, Mr Graeme Summerson and Mr Chris Nichols be appointed as the Code of Conduct Review Committee for Cabonne Council and that Jennifer Conn be appointed as the Independent Reviewer for Council’s Code of Conduct.

 

 

 

 

ITEM 10 - INDEPENDENT AUDIT FUNCTION

REPORT IN BRIEF

 

Reason For Report

Seeking determination of membership of Council's Internal Audit Committee.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184222

 

Director of Finance and Corporate Services' REPORT

 

Council in November 2008 resolved that:

 

1.   Council accept the Internal Auditor that CENTROC selects.

 

2.   The Mayor is appointed Chairman of the Audit Committee.

 

3.   Council call for Expressions of Interest from members of the community who have financial expertise and who would be willing to serve of Council’s Work Committee.

 

4.   The General Manager appoint two staff members with observer status to the Audit Committee.

 

In relation to point 1, the WBC Alliance has further considered the matter of Internal Auditor and costs associated with the CENTROC proposal for an Internal Auditor and has recommended instead that staff who have been training in Internal Audit procedures from other Alliance partners act as Internal Auditors for each Council, as required.

 

In relation to point 2, the Mayor is Chairman and the only Councillor who is a member of the Audit Committee.

 

In relation to point 3, the Alliance has extensively advertised for expressions of interest from members of the community to attend Audit Committees, however no applications have been received from any of the three Alliance Councils. 

 

Following a meeting of the WBC Professional Teams, it was determined it may be best if the Director of Finance & Corporate Services from a neighbouring Council be the independent representative on the Audit Committee.  This would mean that if the Internal Auditor was a member of Wellington Council’s staff, that the representative on the Audit Committee in that particular instance would be the Director of Finance & Corporate Services from Blayney Council and vice versa.

 

This would only leave the Mayor and one independent person on the Audit Committee and it is considered that it may be appropriate to have a second Councillor on the Audit Committee to at least increase the numbers to three, as was originally proposed.

 

Recommendation

 

THAT Council:

 

1.         Accept the Internal Auditor coming from one of the WBC Alliance Partners with the independent being the Director of Finance & Corporate Services from another Alliance Council.

 

2.          Nominate a Councillor as a third representative on the Audit Committee.

 

 

 

ITEM 11 - FLYING FOX POPULATION IN AND AROUND ORANGE

REPORT IN BRIEF

 

Reason For Report

Advising of a newly formed committee to address the issues relating to bat populations in and around Orange.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Management

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184238

 

Director of Finance and Corporate Services' REPORT

 

Council has received advice of the following resolution passed by Orange City Council at their May meeting:

1.   That Council receive a report on possible actions regarding dealing with the population of bats in both the City of Orange and in the fruit growing areas around Orange.

 

2.   That Council support local fruit growers in writing to the NSW Government to take action and assist fruit growers in dealing with bats.  Similarly, Council support approaches to the NSW Government to take action to assist Orange residents in dealing with bats.

 

3.   That a Committee consisting of members of the orcharding/farming community, Cabonne and Orange City Councils be formed and that Orange City Council provide $10,000 to assist with costs to address the issues with State and Federal government relating to bat populations in Orange and surrounding district. This action should be taken within 7 days.”

 

Orange City Council’s representatives on the Committee will be Clrs Romano and Jones.

 

A meeting of the Committee was held prior to a report being able to be considered by Council and the Mayor indicated that he would attend. Council may now wish to appoint full time delegates to the Committee.

 

 

Recommendation

 

THAT Council nominate representatives to the Committee and advise Orange City Council accordingly.

 

 

 

 

ITEM 12 - GST Compliance Certificate

REPORT IN BRIEF

 

Reason For Report

Council is required by the Commonwealth Commissioner of Taxation to complete a certificate of Compliance in regards to GST

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance & Corporate Services

Annexures

1.  GST Compliance Certificate 2009 10    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 181334

 

Finance Manager's REPORT

 

Under Section 114 of the Commonwealth Constitution the Commonwealth Commissioner of Taxation has requested that a Certificate of Compliance be completed by Council to confirm internal compliance of G.S.T. rules and regulations.

 

Under the Act, the statement is required to be signed by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer.

 

Council may wish to know that in the period from 1st March 2009 up to and including the 31st March 2010, council paid a total of $1,746,088.00 to the Australian Taxation Office and in turn claimed the amount of $2,182,277.00. Thus, Council received a total rebate back from the Australian Taxation Office of $436,189.00.

 

It should be noted that Council staff spend many hours per month in regards to GST compliance. Starting from when money is received either over the counter or direct into Council’s bank account. Each time an account is received and processed though the creditors department a check needs to be completed to ensure the validity of a persons GST status. Council’s external auditors Morse Group conduct an annual audit on Councils GST compliance and as can be seen from Council’s Audit report no issues have been raised.

 

 

Recommendation

 

THAT Council nominate the Mayor, Deputy Mayor, the General Manager and the Director of Finance and Corporate Services to sign the Statement of Compliance.

 

 

 

 

ITEM 13 - Quarterly Budget Review for the period from 1st January 2010 to 31st March 2010

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.  March 2010 QBR in new format

2.  Reserves 2009 10 March 2010 QBR    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184021

 

Senior Accounting Officer's REPORT

 

The March 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;

Summary

Department

Original
Estimate

Sub
Vote

YTD
Actual

Revised
Estimate

Variation

Grand Total

-535

22,603

9,093,572

25,549

3,481

020. GOVERNANCE

255,853

23,840

352,790

321,259

41,566

040. ADMINISTRATION

1,329,405

-1,203,618

3,087,891

317,510

191,723

060. PUBLIC ORDER & SAFETY

319,914

19,561

407,932

338,795

-680

080. HEALTH

300,780

1,011,647

1,802,709

1,277,624

-34,803

100. COMMUNITY SERVICES & EDUCATION

74,716

75,500

903,186

149,616

-600

120. HOUSING & COMMUNITY AMENITIES

1,703,019

-651,141

1,144,399

1,106,943

55,065

140. WATER SUPPLIES

-1

0

158,714

-1

0

160. SEWERAGE SERVICES

1

0

4,336,250

1

0

180. RECREATION & CULTURE

1,512,816

408,936

1,385,183

1,883,067

-38,685

220. MINING MANUFACTURING & CONST

4,996

67,231

-226,904

73,227

1,000

240. TRANSPORT & COMMUNICATION

4,795,101

306,891

5,301,608

5,071,992

-30,000

270. ECONOMIC AFFAIRS

2,678,894

-6,775

-100,368

2,608,061

-64,058

290. GENERAL PURPOSE REVENUES

-12,976,029

-29,469

-9,459,818

-13,122,545

-117,047

 

 

Administration

 

Councils records have been examined and it was found that an additional fuel rebate was to be allowed, the cost for the Audit for this matter was $38,440 and this cost  has been  included in the variance. A rebate due to Council in total $150,565 was received and this amount less the cost of the audit has been placed in reserve.

An amount of $1M  has been noted in the Plant area as  additional plant purchases, and this amount has been withdrawn from the Plant reserve.

 

The net  movement on the Reserve and Working fund Provision account  is a reduction of $726,169 and is identified in the Administration  Department.

 

Other income of importance is an additional contribution from the Alliance Partners for a current   Project under way, that is for Asset Management.

 

Overheads and oncosts have been revised  and while there is an expected increase in the overheads of $228,820, the oncosts have been reduced by $254,000.  The corresponding entries to the reserves of Overhead Realization and Oncost Equalization have been made.

 

Public Order & Safety

 

No significant  changes in this area.

 

Health

 

An amount of $10,000 has been removed from the  salary vote in this area and  placed to the expenses of  Food Shop Inspections.  It is expected that due to the workload constraint of current staff a contactor may have to be employed to carry out inspections.

 

Contributions for expenses and rental  incurred for  Waluwin  Health Centre have been recognized, $34,803 in total.

 

Community Services & Education

 

No significant  changes in this area

 

Housing & Community Amenities

 

Additional income of $15,880 has been identified in this area and is mainly  due to an increase in skip bin hire.  $14,000 has been moved from Cottage Maintenance expenses to Chamber expenses to cover additional  necessary maintenance costs.

 

In the area of Domestic Waste management expenses have increased by $91,900.

 

Public convenience  expenses have increase and additional vote of $30,000 has been place against this item.

 

Other income to be received from the Central West Management Catchment area has been reduced and accordingly the expense reduced in the area of cleaning up  the Molong Creek.

 

Income has been reduced in the area of Septic Tank Cleaning and On Site Sewerage Management reform by a total of $28,402

 

Water Supplies

 

The roof on the Yeoval Water Reservoir is to be replaced and the cost will be $52,800. A total of $36,000 has been received in  an insurance rebate for this purpose and has been placed in reserve.

 

 Other  items in this review have been noted to  be commenced in the Water supply area. Borenore Creek Dam Seismic Monitoring, Seepage  measurement and Algae Identification equipment.

 

Sewerage Services

 

No significant  changes in this area

 

Recreation & Culture

 

The initial estimates for the Canowindra and Molong Skate Parks have been moved to the RLCIP area. Other minor changes have been made to the  Parks maintenance votes.

 

Minor Manufacturing & Construction

 

No significant  changes in this area

 

Transport & Communication

 

Council staff and RTA staff are currently negotiating the over expenditures in the area of Amaroo intersection, Flash Jack’s and  the Molong  Creek Bridge. More information will be available when these discussions are finalized and will be advised to Council through the Works Committee.

 

An amount of $20,000 has been moved from Gravel  maintenance to Roadside spraying and slashing.

 

The cost of Street Lighting has been reduced by an estimated $30,000 and placed into a Provision account. Country Energy has advised that their  charges must be reduced, in accordance with a ruling by IPART, because of the aged infrastructure currently in use.

 

A transfer of funding, initially provided for FAG funds for Footpath Construction, in the amount of  $21,000 has been redirected to Kerb & Gutter construction and is required to complete the Phillip Street project  at a total cost of $74,000.

 

 $5,000 has been redirected from the initial estimate for provision of  Disabled facilities to footpath maintenance.

 

Economic Affairs.

 

The major item in this area is an increase in  the Private Works income of $65,000. $20,000 of this amount has been placed in a Provision account.

 

General Purpose Income

 

Interest rates presently  average 4.31% for the year to the end of March2010.

Council’s expected income for interest has been increase by a net $125,000.

This amount has been placed in reserve  until the end of the year when the final result is known.

 

 

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 14 - POLICY DATABASE - AUSTRALIA DAY OFFICIAL PARTY TIMETABLE POLICY

REPORT IN BRIEF

 

Reason For Report

To provide an update in relation to options for developing a Australia Day Official Party Timetable Policy

Policy Implications

Yes - will become Council's Policy

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 177564

 

Administration Manager's REPORT

 

Council received a report to its March 2010 meeting relating to various options for a revised Australia Day Official Party Timetable Policy in view of a wish to add additional locations within the Cabonne Local Government Area (LGA) to the Timetable: Mullion Creek was named.

At the March meeting Council resolved:

THAT:

1.   An expression of interest be sent to other localities to indicate whether they have an interest in participating in future Australia Day celebrations.

Community consultation included:

Expressions of Interest were invited by way of Media releases throughout the LGA; and contact was attempted with representatives nominated by local councillors in the areas at which Community consultation meetings are held but no progress association is active, viz. Nashdale/Borenore; Spring Terrace; and Lewis Ponds/Byng .

Letters were emailed to the nominated persons and followed up for a response.

Responses were received from:

1.           Eugowra Australia Day Committee  - paraphrased extract follows:

The Australia Day committee discussed this item at its 30th March meeting with a view of the whole of Cabonne area and the travel of the official party. 

 

The committee wishes discussion on the following items:

   Rotational yearly events, yr1-2-3-4.  These could be spaced to accommodate other villages holding events.

   Travel time between venues should be to a minimum.  To give more time for official party with the community.

   Eugowra is willing to reschedule the time for its event, but will hold it inside the bowling club as air conditioning for summer is available.

   We hope that other committees would see these options as a way forward and reschedule their events, even if only for the year they have the official party.

 

2.      A reply was received on behalf of the Byng / Lewis Ponds area thanking Council for considering the area in its event planning but that “we do not require to be included in the formal Australia Day entourage and organisation as we do not regularly hold our community event”.

3.      A reply was also received on behalf of the Nashdale/Borenore area along similar lines.

4.      A reply was received from the Mullion Creek Progress Association confirming that they would “love to be included” in an official party visit timetable.  To date celebrations at Mullion Creek have been held from 8am to 10am with a BBQ breakfast.

5.      No reply was received from the nominated persons for the Spring Terrace areas.  Local councillors were advised of the lack of response and invited to pursue the matter if they wished.  At the time of writing this report no further advice was received.

The previously submitted options are repeated for Council’s consideration in view of the above responses.

Options

Option 1

To incorporate Mullion Creek into the Official Party timetable as from 2011, assuming Mullion Creek again chooses to have a breakfast celebration would mean a particularly long day for the Ambassador and Official Party.  The timetable would include Mullion Creek, Cudal, Canowindra, Manildra and Yeoval.

One option would be for the Mullion Creek celebrations to be changed to a morning tea eg 10am.  Whilst still a long day it would be consistent with the 10.5 hour day put in by the Ambassador this year.

With this option the Ambassador would arrive the evening before and depart the following day.  Council would be required to pay accommodation for 2 nights.  Staff would be required to collect and deliver the Ambassador from/to the airport on the preceding and following days.

Option 2

Adding Mullion Creek into the Official Party timetable from 2012, if the celebration remains at breakfast, would create a clash with the Cumnock celebrations.  However, if Mullion Creek celebrations can be changed to an evening BBQ dinner starting at approximately 5.30pm they could be added to the end of that day’s timetable.  The timetable would include Cumnock, Cargo, Eugowra, Molong and Mullion Creek.

This would be a longer day for the Ambassador and Official Party than with option 1 – approximately 12 hours.

Similarly, with this option the Ambassador would arrive the evening before and depart the following day.  Council would be required to pay accommodation for 2 nights.  Staff would be required to collect and deliver the Ambassador from/to the airport on the preceding and following days.

Considerations

The demand on the Ambassador in particular, who must initially travel to Cabonne, and then together with the rest of the Official Party travel throughout Cabonne is a serious consideration.

Option 3

With this in mind a further option would be to create a three yearly cycle of visits by the Official Party (allowing further additional Cabonne sites to be included if necessary in the future) which would not be so demanding, and be more enjoyable allowing more interaction between the Official Party and the communities.

Based on current event times the best available 3 year rotation cycle would be as follows:

Year 1 –             Mullion Creek 8am, Cargo 10.30am & Canowindra 2.30pm.

Year 2 –             Cudal 12noon, Manildra 4.30pm & Yeoval 6pm.

Year 3 –             Cumnock 8am, Molong 10am & Eugowra 12.30pm (or later?).

[It should be noted that Eugowra is agreeable to rescheduling its event.]

This option removes the traditional ‘hurry” and facilitates the enjoyment and interaction between the Ambassador, Official Party and communities referred to above.  There is also scope for addition of other localities as the need arises.   Award recipients have the option to attend an Official Party venue to receive their awards or receive them from the local councillors as is the present practice.

The Ambassador could return home on the same day if they wished.

In changing to a 3 yearly cycle obviously some locations which were due for an ‘official’ visit next year will need to wait an additional year.  Whilst Year 2 contains 3 such locations, an assumption was made that councillors wish to ‘fast track’ the addition of Mullion Creek into the Australia Day visitation timetable.  If there is no such urgency then locations listed at Years 1 and 2 can be reversed.

If a different ‘mix’ of locations is wanted a significant factor in this approach may be the (in)flexibility of the organising committees to vary their times: if Council wishes to pursue a variation of this option, meetings may need to be arranged with organising committees.

Option 4

Consideration could also be given to having a ‘Major’ Australia Day event in a particular Cabonne locality (varying yearly, similarly to the Daroo Award) at which the Ambassador and the Official Party could attend and all awards would be presented. 

This option is considered to have some merit as it creates an interaction between the various Cabonne communities and could be promoted as a draw card for the area by Council’s Promotion and Tourism Officer, encouraging families by having various activities, stalls, etc. even fund raising events.

Councillors may have additional options which they may wish Council to consider.

 

Recommendation

 

THAT Council determine the timetable for the Australia Day Official Party and adopt same as its policy.

 

 

 

ITEM 15 - POLICY DATBASE - CODE OF CONDUCT POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to note and endorse reformatting of Council's Code of Conduct policy document.

Policy Implications

Nil: only formatting has been changed.

Budget Implications

Nil

Area of Responsibility

Governance - Policy

Annexures

1.  Code of Conduct Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 182803

 

Administration Manager's REPORT

 

Council at its July 2008 meeting adopted the Model Code of Conduct issued by the Division (then “Department”) of Local Government (DLG).

 

Updated Guidelines by the DLG were also issued in October 2008 that support the Model Code.  The information contained in the guidelines is designed to achieve two objectives:

a.   To assist in the interpretation of the standards in the Model Code in each topic area

b.   To provide councils with suggestions for enhancing their codes of conduct.

The Updated Guidelines were associated to Council’s Code as endorsed by Council at its July 2008 meeting.  Following the Councillors’ Policy Workshops the Code of Conduct was readopted at the February Council meeting.

 

Following recent research undertaken by the Director of Finance & Corporate Services it was noted that numbering of paragraphs (not included in Council’s version) would make it easier to reconcile Council’s Code to the DLG Model Code.

 

Accordingly, Council’s document has been reformatted and is resubmitted for adoption.  It should be noted that the Policy Statement has not been changed, only the formatting.

 

 

Recommendation

 

THAT Council readopt the annexed Code of Conduct policy document.

 

 

 

ITEM 16 - POLICY DATABASE - Council Landfill Sites - Access and Waste Management - Landfill Operations - Restricted Access Times

REPORT IN BRIEF

 

Reason For Report

To provide an update on reviewed policies.

Policy Implications

Yes - will update Council's Policy database

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

1.  DRAFT Council Landfill Sites Access Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 182910

 

Administration Manager's REPORT

 

In keeping with Council’s review of its Policy Database, policies relating to:

1.   Council Landfill Sites - Access; and

2.   Waste Management - Landfill Operations - Restricted Access Times

were reviewed by Council’s Environmental Services section.

Policy 1 -     was identified as requiring update and a Draft is annexed for adoption by Council.

Policy 2 -     it was found that there is no need for this policy (really a process relevant in 2003) to remain in place.

 

Recommendation

 

THAT Council:

1.      Adopt the annexed Draft Council Landfill Sites - Access policy.

2.      Delete the   Waste Management - Landfill Operations - Restricted Access Times Policy from its Policy Database.

 

 

 

ITEM 17 - POLICY DATABASE - PROCUREMENT (Including Local Preference)  POLICY

REPORT IN BRIEF

 

Reason For Report

To seek confirmation if Coucil wishes to include 'local preference' in its procurement policy.

Policy Implications

Yes - will become Council's Policy

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

1.  Review of proposal for inclusion of local preference in tenders    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 182945

 

Administration Manager's REPORT

 

Council’s Procurement Policy has been undergoing review in keeping with the Tendering Guidelines for NSW Local Government adopted at Council’s November 2009 meeting.

The policy development process became a WBC project from which Draft WBC guidelines have been developed.  One of the issues raised, which has also been raised by some Cabonne councillors, is the issue of local purchasing aka “local benefit” or “local preference”.

In summary, in this report Council is asked to determine:

1.   if it wishes to have a Local Preference policy within its Procurement policy;

2.   if so whether the definition of a ‘local supplier’ for the purpose of this policy would be defined as:

A supplier of goods or services which conducts a business from premises located within the Cabonne local government area”. OR “… within the local government areas of the WBC Strategic Alliance member councils.”; and

3.   If it wishes to establish a separate Budget allocation under Economic Development objectives to fund local suppliers receiving preference when tendering.

The adopted DLG Tendering Guidelines address this issue as follows (part quote).

1.6. Local Preference Policy

Councils often have a significant role in local and regional economic development.  This may include consideration of local supply issues and Aboriginal and young people’s employment participation policies.

The implementation of local preference policies is not necessarily inconsistent with the principles of National Competition Policy.  However, the use of local preference in the evaluation of tenders and awarding of contracts possesses inherent risks in terms of anti-competitiveness and the maintenance of defensibility, accountability and probity.

Where a council wants to consider local preference as a factor in the supply of goods and services or the disposal of property, it should develop and adopt a local preference policy.  This policy should be based on sound reasoning and outline the circumstances in which the council would bring this policy into effect.

For example, where an additional cost would be incurred by the council in implementing its local preference policy, the maximum amount or percentage of that additional cost should be specified and the particular circumstances in which the amount should also be acceptable to the local community.

The policy, as well as a statement indicating the basis for its use, should be provided to any potential tenderers prior to their decision to submit a tender. 

Such a policy should be included in the tender documents and identified in the evaluation criteria.

 

There are various options being used by other councils including:

1.         Not to have a local preference policy – one council was found to have the following statement:

Whilst Council does not have a local preference policy, preference will be given to local suppliers where, taking into consideration: -

a)    price (inclusive of freight and nett of GST considerations);

b)    availability and timeliness;

c)    availability and access to after sales service and maintenance;

d)    competence and ability to supply the goods or service to specification;

e)    quality and type of the product;

f)     long term benefits of a competitive marketplace;

g)    occupational health and safety requirements;

h)   environmental considerations; and

i)     all other best value considerations to the particular tender or quotation,

the local supplier submits a tender or quotation which is, on balance, better than or equal to that of a non-local supplier.

 

2.         To have a Local preference policy.

One Council allows a leeway for local suppliers wherein if the local tenderer is within 5% of the cheapest tender (all other factors being constant) preference is given to the local supplier.  If this option is adopted, and Council determines to define “local” as WBC, the Policy could have an entry such as:

“Subject to Trade Practices and National Competition Policy requirements, where appropriate, a preference of 5% on product cost may be given WBC region based suppliers for satisfactory goods of identical properties and quality to those offered by suppliers based outside of this region. 

 

Where it is intended to use this clause it must be clearly notified to all prospective suppliers prior to the closing date for receiving quotations or tenders.”

 

Another method used by another council is to add Local Preference (Benefit) criteria to the evaluation rather than have a specific %.

Local Benefit (maximum 10 points out of 100) with consideration of the following factors required:

Locally sourced materials (grown, manufactured, assembled, made within the Cabonne local government area) specific to the contract

Mandatory criteria

Locally sourced labour (actual/potential as a result of the contract)

Mandatory criteria

Locally sourced services (e.g. fuel, accommodation) as a result of the contract

Mandatory criteria

Supplier is a business operating within the Cabonne local government area

Mandatory criteria

 

Council’s Design Manager, who probably prepares and assesses the majority of Council contracts, was asked to review the process and to use a worked example to determine its application.  Please see annexed Memo.

The Design Manager raises some concerns including:

“Whilst using non-price criteria assists with determining the best value for money, there are some issues with its use.  These include:

Weighting of Non-price Criteria

It is essential that the non-priced criteria, and their weighting, be consistent with the effect the criteria would have on the project.  Each point under the non-priced system does have a monetary value.

Non- performance Criteria

Non-price criteria may be broken up into two categories:

1.   Performance based; and

2.   Non performance based.

Performance based criteria are criteria that reflect the performance of the contractor. 

Non-performance based criteria are criteria that don’t actually reflect the performance of the Contractor but may fill some other objective of the project.

Local content is an example of a non-performance based criteria.  The location of a contractor would have little effect on the ability of the contractor to perform the work, or add value to the project itself.  It is granted however that a local contractor may feel more ownership of the project and that the use of local contractors may meet some broader objectives of the Council.”

In essence a local preference policy may (and probably will) impose an additional cost to a project. 

Should Council be prepared to accept such an additional cost then it may wish to identify a budget allocation under Economic Development to fund the additional cost of having a local preference policy.  That is, if the requirement to have a local preference criterion means that the successful tenderer is more costly then the additional amount is not paid from the project cost but rather from the Economic Development budget.  This would clearly identify that Council is contributing to local development when tendering and by how much without inflating project costs.  Such a budget could be capped to an annual figure.

 

 

Recommendation

 

THAT Council:

1.    Determine whether it wishes Local Preference to be included in its procurement policy.

2.    Subject to its determination as to inclusion, determine whether “local” is to apply to “A supplier of goods or services which conducts a business from premises located the Cabonne local government area”. OR “… within the local government areas of the WBC Strategic Alliance member councils.”

3.    Subject to its previous determination decide if it wishes to fund any additional cost incurred due to local preference from an Economic Development Vote and the value of same.

4.    Receive a further report for adoption of the Procurement Policy once finalised.

 

 

 

ITEM 18 - POLICY DATABASE - Welcome to New Cabonne Residents Policy and F.O.O.D and Other Committees Policy

REPORT IN BRIEF

 

Reason For Report

To provide an update on reviewed policies.

Policy Implications

Yes - will update Council's Policy database

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184255

 

Administration Manager's REPORT

 

In keeping with Council’s review of its Policy Database, policies relating to:

1.   Welcome to New Residents; and

2.   F.O.O.D and Other Committees Policy

were reviewed by Council’s Economic Development Manager with the following outcome.

Policy 1 -     can be deleted as it is included in the Economic Development Strategy (EDS).

Policy 2 -     can be deleted as these organisations and associated actions are included in the EDS and Tourism Plan.

 

Recommendation

 

THAT Council:

1.      Delete the Welcome to New Residents policy.

2.      Delete the F.O.O.D and Other Committees Policy .

 

 

 

 

ITEM 19 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2010 ANNUAL REVIEW – COUNCILLORS & MAYORAL FEES

REPORT IN BRIEF

 

Reason For Report

To advise Council that the Local Government Remuneration Tribunal has handed down its decision in relation to the increase in fees effective from 1 July 2009.

Policy Implications

Council Policy is to resolve to pay the maximum allowable Councillor and Mayor fees.  

Budget Implications

Yes:  an increase in the budget allocation for the payment of Councillor fees.

Area of Responsibility

Councillors

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184260

 

Administration Manager's REPORT

 

The independent Local Government Remuneration Tribunal sets a minimum and maximum range of fees for Councillors and Mayors across NSW.  The Tribunal determined on 15 April 2010 that a 3.0% increase will apply from 1 July 2010.

 

Cabonne Council is placed in category 4 by the Tribunal, and therefore is able to set annual fees in the following range:

 

                               Councillor                          $7,250     -     $  9,570

                               Mayor*                                $7,700     -     $20,890

 

* This fee must be paid in addition to the Councillor fee.

 

Council may recall that at its February Ordinary meeting it resolved to make a submission to the Tribunal, based on the time, increased demands and travel requirements on the Mayor and councillors in the Cabonne Local Government Area (LGA).

 

In its conclusion of the 2010 Annual Review, the Local Government Remuneration Tribunal has commented that:

2010 REVIEW

6.      The LGSA provided a submission on fees and related matters.  As in previous years, the LGSA have recommended that fees be set as a percentage of the annual salary paid to NSW Members of Parliament.  The LGSA has also provided information on the impact of State Government planning reforms on councillors’ workloads and the additional responsibilities associated with the integrated planning and reporting amendments to the Act.

7.      The Tribunal received 22 submissions from individual councils.  The majority of those submissions supported an increase in the fees payable to councillors and mayors.  The submissions also addressed the following issues:

•      integrated planning and reporting reform

•      planning reforms, including the Joint Regional Planning Panels

•     interstate comparisons

•      categorisation

•     workload

•      attracting high quality candidates to nominate for election to local government.

Integrated Planning and Reporting Reform

8.      The Act was amended on 1 October 2009 to provide for an integrated planning and reporting framework. These reforms replace the requirement for councils to prepare separate Management Plans and Social Plans with an integrated plan. It also includes a new requirement to prepare a long-term Community Strategic

Plan and Resourcing Strategy. A number of submissions have argued that there are additional responsibilities associated with the implementation of these reforms. In addition, councillors, it is argued, face additional challenges associated with the intricacies of further legislative reform.

9.      The 2009 amendments build on the reforms in the 1993 Act. One of the features of the 1993 Act was the devolution of council management to the newly created General Manager position. Councillors were meant to set the broad policy directions for councils and the General Manager was to implement them.

10.    The Tribunal is not convinced that the introduction of the Integrated Planning and Reporting (IP&R) reforms impose any additional workload on councillors. Rather, the reforms represent a shift in the way councils undertake their planning and reporting functions. The reforms aim to streamline and simplify the planning and reporting process, as well as assist councillors to focus their attention on the issues of strategic importance to their community. The new planning and reporting framework is a tool to enable councillors to focus strategically on social, economic, environmental and civic issues.

Planning reforms

11.    The Tribunal has examined the impact of State Government planning reforms on the role and responsibilities of councillors. These reforms include the introduction of the Planning Assessment Commission, the Joint Regional Planning Panels (JRPP), the NSW Housing Code and other initiatives of the NSW Government.

12.    A number of submissions have commented on the impact these changes have on the roles and responsibilities of councillors and mayors. The Tribunal is advised that the role of a councillor as a council-appointed member of a Joint Regional Planning Panel (JRPP) is provided for under the Environmental Planning and Assessment Act 1979 (EP&A Act). This role is both separate and additional to the role of a councillor under the Local Government Act. While there may be some additional work for the appointed councillor, there should be minimal, if any, change in the work for other councillors. Councillors appointed to the JRPPs are paid a fee covering increase in responsibility.

13.    The NSW Housing Code came into effect on 27 February 2009. The purpose of the Code is to simplify the planning process for new houses and alterations and additions to existing homes. Dwellings complying with the provisions of the Code can bypass formal council Development Application (DA) procedures and receive approval in 10 days or less from an accredited certifier. The Department of Planning has published figures which show that in 2008, 90 per cent of new detached houses required the lodgement of a Development Application (DA) and that the average time taken for a council to process a DA in Sydney ranged from 34 to 254 days.

14.    The Housing Code provides a streamlined alternative to the DA process because it is not based on a ‘merit-based’ assessment. Under the Housing Code, any complying development proposal which satisfies the standards in the Code must be approved.

15.    It is expected that the Housing Code provisions will significantly reduce the number of DAs requiring council approval. The Department of Planning’s information sheet makes the following assessment of the impact of the Code,

“…The increasing use of exempt or complying development will reduce local councils’ development assessment workload.  This will save councils time and money and free up council resources to concentrate on more complex development applications and strategic planning for their local government area.

The Tribunal emphasises that strategic planning is a key role of councillors.

16.    The Tribunal considers that on balance the new planning reforms should result in Councils having a reduced role in local planning decisions.

Interstate comparisons

17.    A number of submissions, including that received by the LGSA, continue to support a shift to a remuneration model similar to that applied in Queensland, ie, that remuneration for councillors and mayors be determined as a percentage of the salary of a Member of Parliament.

18.    The Tribunal has considered this matter previously and provided its reasons for rejecting such a proposal in its 2008 Report (paragraphs 20 to 25). The submission has not provided any additional information which would warrant a change in the Tribunal’s view on this matter.

Categorisation

19.    The Tribunal has received a number of submissions from councils seeking categorisation to another category or the creation of a new category. The Tribunal last undertook a fundamental review of the categories of councils in 2009. In undertaking that review the Tribunal found that there was no strong case to significantly alter the current categories of councillor and mayoral offices or to move individual councils between categories. As noted above, the Tribunal did change the titles of the various categories to more accurately describe each category.

20.    The next review of categories is scheduled to take place during the 2012 review. Until then the Tribunal does not expect to move councils within categories unless there is a significant change in the role and responsibilities of individual councils. On the basis of the information received, the Tribunal finds that there is no compelling case to further adjust the categories at this time.

Workload

21.    A number of submissions have sought an adjustment in fees to reflect the increasing amount of time councillors are spending on council business. As the NSW Local Government Act 1993 provides for a high level of delegation to council staff, the amount of time devoted to local government is largely within the discretion of councils themselves. An increase in time spent does not of itself necessarily indicate any change in the roles and responsibilities of councillors.

The ability to attract suitable candidates to stand for election.

22.    The Tribunal has again considered whether the level of fees is sufficient to attract quality candidates to stand for election. It has been repeatedly argued that the lack of an adequate fee means that better quality candidates are not seeking election. The Tribunal has yet to see any submission suggesting criteria which might reasonably be used to assess the quality of candidates.

23.    The Act does not provide for any formal qualifications to stand for election to council. Section 232 of the Act provides that councillors perform a dual role.

As a member of the governing body of the council, a councillor’s duties include:

• to provide a civic leadership role in guiding the development of the community strategic plan for the area and to be responsible for monitoring the implementation of the council’s delivery program

• to play a key role in the creation and review of the council’s policies and objectives and criteria relating to the exercise of the council’s regulatory functions

• to review the performance of the council and its delivery of services, and the delivery program and revenue policies of the council.

As an elected person, the role of a councillor includes:

• to represent the interests of the residents and ratepayers

• to provide leadership and guidance to the community

• to facilitate communication between the community and the council.

24.    From information contained in the Division of Local Government’s Candidates and Councillors 2008: Report on the survey of Local Government Elected Members and Candidates for elections held in September 2008, the Tribunal notes that nearly 50 percent of councillors elected in the 2008 election listed their occupation as either, “Professional”, or “Self Employed.” While the number of candidates seeking election for local government fell slightly, when compared with the number standing in the previous two local government elections, there were on average 3 candidates for every councillor position.

25.    On the basis of such information, the Tribunal is not convinced that the fee levels are an impediment either to the quality or number of candidates seeking election to local government in NSW.

26.    In determining the level of increase for the 2010 review the Tribunal has had regard to the improving economic conditions as Australia emerges from the Global Financial Crisis and key economic indicators, including the Consumer Price Index and the Labour Price Index.

27. Having regard to the above, and after taking the views of the Assessors into account, the Tribunal considers that an increase of 3.0 per cent in the fees for councillors and mayors is appropriate and so determines.

Local Government Remuneration Tribunal

 

 

Recommendation

 

THAT from 1 July 2010 the annual fees payable to Councillors be set at $9,570 and the additional annual fee payable to the Mayor be set at $20,890.

 

 

 

ITEM 20 - Notice of Motion - Tabled Reports

REPORT IN BRIEF

 

Reason For Report

Notice of Motion - Tabled Reports

Policy Implications

Yes - Council's current Code of Meeting Practice policy allows late reports noting "It is noted this policy provides notice different to that required by s.367 of the LG Act (at least 3 days clear notice) and is adopted subject to being utilised in extenuating circumstances."

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183273

 

Administration Officer's REPORT

 

A Notice of Motion has been received, duly signed by Clrs Gosper, Bleakley and Dowling.

 

The Motion reads THAT:

 

“The deadline for all tabled documents be 5pm on Friday preceding the monthly meetings and these late document be emailed to all councillors and relevant staff by this time.

………………………              ………………………                ………………………

 

Clr Gosper                              Clr Bleakley                              Clr Dowling”

 

In order for Council to consider the Motion on the day it will have to be moved and seconded.

 

 

Recommendation

 

THAT the Motion be received.

 

 

 

 

ITEM 21 - Notice of Motion - Attendance at Conference and Breakfast by Clr Culverson

REPORT IN BRIEF

 

Reason For Report

Notice of Motion - Attendance at Conference and Breakfast by Clr Culverson

Policy Implications

Yes - Payment of Expenses and Provision of Facilities for Mayor and Councillors 2010 Policy requires Council approval prior to councillors attending conferences, seminars, etc.

Budget Implications

Yes.

Area of Responsibility

Councillors

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183998

 

Administration Officer's REPORT

 

A Notice of Motion has been received, duly signed (via email) by Clr Bleakley.

 

The Motion reads:

 

“THAT Councillor CULVERSON attend the Australian Local Government Association Conference with the Mayor and General Manager as an observer and that Clr CULVERSON also attend the Australian Local Government Womens’ Association Networking Breakfast on Tuesday 15th June 2010.”

 

 

………………………             

 

Clr Bleakley

 

In order for Council to consider the Motion on the day it will have to be moved and seconded.

 

 

Recommendation

 

THAT the Motion be received.

 

 

 

 

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.  Report of the Economic Development & Tourism Committee    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183267

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 3 May 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 3 May 2010 be adopted.

 

 

 

ITEM 23 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

183266

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  Report of the Community Services Committee    

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 3 May 2010 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 3 May 2010 be adopted.

 

 

 

 

ITEM 24 - Banjo Patterson Statue at Yeoval

REPORT IN BRIEF

 

Reason For Report

Complaint made by Yeoval resident about quality, structure and safety of statue.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

 Risk Management

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183182

 

Risk Management Officer's REPORT

 

On Thursday 29th April 2010, Council’s Risk Management Officer spoke with a resident of Yeoval who, among other non relevant subjects, identified the Banjo Patterson statue, as being not safe. Health and Building were contracted where Council’s Health and Building Surveyor was spoken to about the issue. From this discussion it was found that there had been no Development Application for the construction of the statue.

 

On Friday 30th April 2010, Council staff attended the site. They discussed the statue, and advised that from a Health and Building perspective they could do nothing about the lack of Development Application.

 

On inspection of the statue and plinth, including the small garden surrounding the plinth (see Photograph 1),

 

PHOTOGRAPH 1: Banjo Patterson statue on plinth with garden surround.

 

 

the signage was deemed inadequate from a risk viewpoint. It was also determined that access to the statue by children, who could climb to the top of the statue, place Council at an unacceptable Public Liability risk, more so if anyone climbing on the statue should fall (see Photograph 2). The internal structure of the statue provides an excellent climbing structure, even for small children.

 

The sculpture also has a number of sharp steel edges at children’s eye level (Photograph 3).

 

PHOTOGRAPH 2: Interior of statue identifying supporting RHS.

 

 

Photograph 3: Bottom section of sculpture with sharp eye level edges.

Appropriate control measures will need to be provided to prevent access to the statue and gardens. The most appropriate method of prevention of access is to install a 1.2m childproof fence at approximately 1.0m outside from the garden edge. Adequate signage conforming to the Best Practice Manual Signs as Remote Supervision need to be sourced and installed.

 

The application of these control measures will restrict and significantly limit Council’s liability should an incident occur. The placement of an appropriate fence will not detract from the statue nor its visitor viewing. These controls are consistent with many large statues and other items in Council owned or operated facilities including parks.

 

 

Recommendation

 

THAT:

1.  A 1.2m childproof fence be erected circling the Banjo Paterson statue at a distance of 1.0m from the outside garden edge.

2.  Appropriate signage be installed that complies with the Signs as Remote Supervision Best Practice Manual.

 

 

 

 

ITEM 25 - Rural Fire Service Station, March Brigade

REPORT IN BRIEF

 

Reason For Report

Seek Council approval to acquire land for March RFS Brigade station

Policy Implications

Nil

Budget Implications

Survey and conveyancing costs funded from Sec 94

Area of Responsibility

Emergency Services

Annexures

1.  Construction of Fire Station - March RFS

2.  Proposed site for March RFS Station    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183823

 

Director of Engineering and Technical Services' REPORT

 

Council has received a request form the March RFS brigade to consider an offer of land for the construction of a RFS station. The land is to be donated and is located on McKay Road off Burrendong Way (refer to locality map in annexures).

Members of the Brigade have unanimously voted to accept the donation of a parcel of land for the new station. Canobolas Zone provides for the construction of a new Standard Design two way station and also supports the Brigade’s request.

While the land is to be donated, there will be costs associated with survey, subdivision and conveyancing and would be funded from the Bushfire funds should the project be approved.

 

Recommendation

THAT Council;

1.   Accept the offer of land for the construction of a RFS station

2.   Undertake the necessary survey, subdivision and acquisition to create a parcel of land suitable  for the construction of a RFS station and

3.   Dedicate the land as operational

4.   All costs associated with the acquisition be met by council and funded  from Bushfire Funds.   

 

 

 

ITEM 26 - 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    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183943

 

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Works Committee meeting of Cabonne Council held on Monday 3 May, 2010.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Monday May 3 2010 of Cabonne Council be adopted.

 

 

 

 

 

 

ITEM 27 - CARAVAN PARK COMMITTEE MEETING MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of the Caravan Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Caravan Park Committee Minutes - 5 May 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184182

 

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Caravan Park Committee meeting held at the Cudal Office on Wednesday 5th May 2010.

 

Recommendation

 

THAT the report and recommendations of the Caravan Park Committee held at the Cudal Office on Wednesday 5th May 2010 be noted.

 

 

 

 

ITEM 28 - TRAFFIC COMMITTEE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Traffic Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Traffic Committee

Annexures

1.  Traffic Committee Minutes April 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183944

 

Director of Engineering and Technical Services' REPORT

Attached herewith are the minutes of the Traffic Committee meeting held on 21 April 2010.

 

Recommendation

 

THAT the report and recommendations of the Traffic Committee meeting held on 21 April 2010 be noted.

 

 

 

ITEM 29 - POLICY DATABASE - LAND ACQUISITION - PUBLIC ROADS ACT

REPORT IN BRIEF

 

Reason For Report

To provide reviewed policy for adoption by Council

Policy Implications

Yes - shall update Councils Policy database

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Land Acquisition - Public Roads Act    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184178

 

Design Manager's REPORT

The purpose behind the review and amendment is to formalise the determination of compensation amounts relating to acquisition for public road purposes. The current policy contains no reference to the method of determining the compensation amount however it does discuss and provides direction for a number of issues relating to determination of compensation amounts.

 

It is proposed that the determination of any compensation amount be consistent with the Land Acquisition (Just Terms Compensation) Act 1991. This act provides a framework for determining compensation amounts, including the following issues (Section 55 of the Land Acquisition (Just Terms Compensation) Act):

 

In determining the amount of compensation to which a person is entitled, regard must be had to the following matters only (as assessed in accordance with this Division):

a)   the market value of the land on the date of its acquisition,

b)   any special value of the land to the person on the date of its acquisition,

c) any loss attributable to severance,

d)   any loss attributable to disturbance,

e)   solatium,

f) any increase or decrease in the value of any other land of the person at the date of acquisition which adjoins or is severed from the acquired land by reason of the carrying out of, or the proposal to carry out, the public purpose for which the land was acquired.

Section 60 of the act further defines solatium as:

 

solatium means compensation to a person for non-financial disadvantage resulting from the necessity of the person to relocate his or her principal place of residence as a result of the acquisition.

 

By using the provision of the act compensation amounts are determined by the market value of the land being acquired as well as specific issues that may be determined on a case by case basis in accordance with points b) to f) of Section 55 of the act.

 

It is noted that the revised policy allows for the same provisions as the existing policy in that issues that relate to compensation for loss of use of land or additional rates having been paid under point b) of Section 55 of the act. This provides Council with greater flexibility to negotiate and determine the compensation amount of any land being acquired.

 

It is noted that the Land Acquisition (Just Terms Compensation) Act may be used for all land acquisitions by Council, not just those relating to the Public Roads Act.

 

 

Recommendation

 

THAT Council  Adopt the draft Land Acquisition – Public Roads Act Policy

 

 

 

ITEM 30 - Molong Showground

REPORT IN BRIEF

 

Reason For Report

Seeking Council approval for General Manager and Mayor to sign and affix Council seal to funding agrrement.

Policy Implications

No policy implications

Budget Implications

Grant of $4000 and loan of $2000 to Showground

Area of Responsibility

Urban Assets Coordinator

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183072

 

Urban Assets Coordinator's REPORT

The Molong Show Society applied for a grant from the Department of Lands for the construction of an animal nursery at Molong Showground.

The Department of Lands has offered a grant of $4000 and a loan of $2000 to be administered by Council for the new construction.

The Molong Show Society has written to Council agreeing to the terms of the grant and loan. The loan is to be repaid to Council over 4 annual instalments at 7.5% interest. The annual instalments are due on the 25th January each year for four years commencing 25th January 2011. The amounts are as follows,

25/1/2011           $650.00

25/1/2012           $612.50

25/1/2013           $575.00

25/1/2014           $537.50.

Council’s approval is now sought for the acceptance of the grant and loan and for the General Manager and Mayor to sign and affix Council’s seal.

 

 

Recommendation

 

THAT Council approve the acceptance of the grant and loan and for the common seal to be affixed to the grant and loan agreements.

 

 

 

ITEM 31 - ACCREDITATION OF BUILDING INSPECTORS

REPORT IN BRIEF

 

Reason For Report

For the determination of Council

Policy Implications

Yes

Budget Implications

Yes

Area of Responsibility

Environmental Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184086

 

Director of Environmental Services' REPORT

 

Amendments to the Building Professionals Act 2005 took effect on 1 March 2010 requiring Council building inspectors to be accredited by the NSW Building Professionals Board to carry out certification and inspection work. Building inspectors who do not attain accreditation by 1 September 2010 will not be permitted to issue a range of certificates under the Environmental Planning and Assessment Act including Construction Certificates and Complying Development Certificates, or to carry out building inspections.

 

Private building inspectors are currently required to be accredited certifiers under the Building Professionals Board. The legislative changes will now require that Council building inspectors be similarly accredited. A transitional period has been allowed for Council building inspectors to obtain initial accreditation then to apply for progression within the scheme as further qualifications and / or experience is obtained.

 

The scheme provides four levels of accreditation which specify the type of work that a certifier is able to carry out.  Level A4 is suitable to trainees or building inspectors with limited practical experience. Levels A3 and A2 enable work associated with a range of buildings however limitations apply to scale and scope of works. Level A1 accreditation is generally not limited in relation to scale or scope of building work.

 

It is anticipated that the majority of work required to be undertaken by Council’s building inspectors would be accommodated within the A3 and A2 accreditation, however it would be preferable to have A1 accreditation either within Cabonne or within the WBC Alliance.

 

The accreditation scheme will impact upon Council policy, as well as having a financial impact. There are also legal implications to Council. Compliance with the Building Professionals accreditation Scheme will be a factor for Council consideration in future recruitment and training of all Council building inspectors. Changes to staff delegations and record keeping will also occur. An annual accreditation fee of $250.00 for each building inspector will need to be incorporated into future Management Plan /budgets. It may be necessary to contract accredited building inspectors should Council staff not hold the appropriate level of accreditation required for a particular scale of building assessment. Compliance with the accreditation scheme by Council and its relevant staff is a legal requirement while building certification is a statutory function of Council.

 

The accreditation scheme enables Council’s building inspectors to work on behalf of Council, but the authority to carry out building certification and inspection work will be given directly to each officer by the NSW Building Professionals Board. Council inspectors will be subject to the Board’s own Code of Conduct, discipline, complaints and audit procedures which apply in addition to Council’s Code of Conduct. 

 

When considering applications for accreditation the Building Professionals Board will rely on a recommendation by the Council’s delegate (ie General Manager) to determine the appropriate level of accreditation for each building inspector. It is therefore suggested that Council delegate the function to the General Manager to endorse the required applications to the NSW Building Professionals Board.

 

 

Recommendation

 

THAT subject to not receiving direction from the Council as to the consideration of any matter by the Council, and subject to the requirements of the Local Government Act 1993 and regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by Section 377 of the Local Government Act 1999, the General Manager Graeme Leslie Patrick Fleming – be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions enumerated below:

 

1.          the function under s5(1A) of the Building Professionals Act 2005 to make recommendations to the NSW Building Professionals Board in relation to applications for accreditation by individual Council building inspectors.

 

 

 

ITEM 32 - Draft Potential Amendments to the Standard Instrument (LEP Template)

REPORT IN BRIEF

 

Reason For Report

For the information of Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184129

 

Director of Environmental Services' REPORT

 

Council has been advised of the release by the NSW Department of Planning of the document Potential Amendments to the Standard Instrument – Options Paper.

 

The Standard Instrument (Local Environmental Plan template) was introduced in 2006 to provide a common structure and language for LEPs across NSW. Following initial consultation and adoptions of the Standard Instrument the Department of Planning indicated that reviews would occur to facilitate community and stakeholder feedback.

 

The Options Paper details potential amendments to the Standard Instrument to address issues raised with the department, and in particular to remove ambiguity around the definitions used in the Instrument. It also recognised the need for additional definitions relating specifically to Aboriginal heritage as well as providing options to amend clauses to enable consistency with new policies and legislative changes.

 

The Options Paper is currently on exhibition to seek council and community consultation. The Department has indicated that only changes considered critical to the smooth and efficient roll-out of comprehensive Standard Instrument LEPs are proposed. It is not anticipated that the changes will create time delays to the LEP preparation process.

 

The proposed changes do not impact adversely on Council’s progress with the LEP process. The Options Paper reflects proposed changes to remove ambiguity to a range of standard clauses by inserting or deleting additional words and by refining the nominated dictionary terms and definitions. An example is a proposal to rename Zone RU4 Rural Smallholdings as it is easily confused with Zone R5 Large Lot Residential. The three options suggested call for either retaining the name as is while relying on the core zone objectives to protect sustainable primary industry; to rename the zone “Primary Production Small lot,” to highlight the zone is for primary production uses; or rename the zone to agricultural industry”.

 

It is proposed to clarify heritage clauses to address Aboriginal heritage and to ensure definitions are consistent with other relevant legislation. As the Standard Instrument requires comprehensive mapping to support the LEP the Options Paper considers the confidential and sensitive nature of Aboriginal sites and places and removes the need to map such sites.

 

Definitions are proposed for refinement. Dual occupancy for instance is proposed to be subject to two definitions – attached dual occupancy and detached dual occupancy. Additional definitions such as ecotourist facility, commercial premises, and camping grounds are proposed for inclusion in the Standard Instrument template. The revision of definitions will have a minor impact on the use of hierarchy groups ie ‘bee keeping’ is to be defined and will be included in the group term for agriculture within the subset ‘extensive agriculture’ while the term ‘animal boarding and training establishments’ is to fall outside the agriculture group term.

 

Also in draft format is the second round of Model Local Clauses for Standard Instruments (LEPs). The draft model clauses are to address a range of standard local provisions / clauses such as for flood planning (to enable standard flood planning across the state particularly where areas may not have had a flood study completed). Minimum lot sizes for dual occupancy developments and standards for development within areas subject to aircraft noise are other areas subject to daft model local clauses. Model clauses are included in comprehensive LEPs where relevant. The Department is also seeking feedback on these proposed clauses.

 

Conclusion

 

The Department of Planning has recently hosted a series of workshops to inform Council staff of the Options Paper.  The proposed changes are not anticipated to have any adverse impact upon the progress of the Cabonne comprehensive LEP preparation process.

 

It is suggested that Council advise the Department of Planning that is does not have any objection to the Options paper, but does raise concern  that this review, or any subsequent review of the Standard Instrument has the potential to delay the plan making process.

 

 

Recommendation

 

THAT Council advise the Department of Planning that is does not have any objection to the Options paper, or the second round of Model Local Clauses, but does raise concern  that these reviews, or any subsequent review of the Standard Instrument and associated documents has the potential to delay the plan making process for local councils.

 

 

 

ITEM 33 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE

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    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184363

 

Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 3 May 2010.

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 3 May 2010 be adopted and carried Motions be noted.

 

 

 

Yours faithfully,

 

 

 

GLP Fleming

GENERAL MANAGER   


Item 5 Ordinary Meeting 17 May 2010

Item 5 - Annexure 1

 


























 


Item 5 Ordinary Meeting 17 May 2010

Item 5 - Annexure 2

 




 


Item 8 Ordinary Meeting 17 May 2010

Item 8 - Annexure 1

 
















 


Item 12 Ordinary Meeting 17 May 2010

Item 12 - Annexure 1

 

Cabonne Council

 

GOODS AND SERVICES TAX CERTIFICATE

 

Payment of Voluntary GST from 1 May 2009 to 30 April 2010

 

 

To assist compliance with Section 114 of the Commonwealth Constitution, we certify  that:

 

   Voluntary GST has been paid by Cabonne Council for the period 1 May 2009 to 30 April 2010.

 

   Adequate management arrangements and internal controls were in place to enable the Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.

 

   No GST non-compliance events by the Council were identified by or raised with the Australian Taxation Office.

 

 

 

Signed in accordance with a resolution of Council made on 17/05/2010.

 

 

 

 

 

 

………………………………                                  ………………………………

Kevin Duffy                                                Robert Dowling

MAYOR                                                     COUNCILLOR      

 

 

 

 

 

………………………………                                  ………………………………

Graeme Fleming                                        Stephen Harding

GENERAL MANAGER                              RESPONSIBLE

ACCOUNTING OFFICER

 


Item 13 Ordinary Meeting 17 May 2010

Item 13 - Annexure 1

 






 


Item 13 Ordinary Meeting 17 May 2010

Item 13 - Annexure 2

 





 


Item 15 Ordinary Meeting 17 May 2010

Item 15 - Annexure 1

 

Code of Conduct Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[15 February 2010]

Author

Administration Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Adopted by Council

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

10/02/17

2 Summary

Council has adopted the DLG Model Code of Conduct for Local Councils in NSW.

Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

94/6/56

From the Department of Local Government & Co-operatives

20/06/94

96/1/22

Adopted by new Council in accordance with the requirements of the LGA 1993

15/01/96

99/10/9

Adopted by new Council in accordance with the requirements of the LGA 1993

18/10/99

05/01/9

Adopted new Model Code of Conduct as recommended by DLG

17/01/05

08/07/11

Adopted new Model Code of Conduct as recommended by DLG

21/07/08

09/07/12

 

Associated Updated Guidelines For The Model Code Of Conduct For Local Councils In NSW (October 2008)

20 July 2009

10/02/17

Readopted by Council

15 February 2010

 

Reformatted with numbering to be consistent with DLG Model Code numbering.

To be readopted by Council.

May 2010 Council

4 Reason

Refer to Introduction section of policy.

5 Scope

Refer to Policy statement.

6 Associated Legislation

The Local Government Act 1993

Local Government (General) Regulation 2005

7 Definitions

Refer to Item 2 in Policy Statement

8 Responsibilities

8.1 GM

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

8.2 Directors and Managers

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

8.3 Supervisors

Are required to ensure compliance with the Code of Conduct and ensure compliance by subordinate staff.

8.4 Employees

Are required to ensure compliance with the Code of Conduct

8.5 Councillors

Are required to ensure compliance with the Code of Conduct

9 Related Documents

Document Name

Document Location

Secondary Employment Notification and Approval Form

Councillor Interaction with Staff Policy

Updated Guidelines For The Model Code Of Conduct For Local Councils In NSW (Oct 2008)

Administration Manager

 

 

Available from  Department of Local Government website -Circular to Councils 08/63


 

10 Policy Statement

THAT Council adopt the Model Code of Conduct for Local Councils in NSW

TABLE OF CONTENTS

PART 1: CONTEXT  4

1.    INTRODUCTION   4

2.    DEFINITIONS   5

3.    PURPOSE OF THE CODE OF CONDUCT  6

4.    KEY PRINCIPLES   6

5.    GUIDE TO ETHICAL DECISION MAKING   7

PART 2: STANDARDS OF CONDUCT  9

6.    GENERAL CONDUCT OBLIGATIONS   9

7.    CONFLICT OF INTERESTS   10

8.    PERSONAL BENEFIT  14

9.    RELATIONSHIP BETWEEN COUNCIL OFFICIALS   15

10.      ACCESS TO INFORMATION AND COUNCIL RESOURCES   17

11.      REPORTING BREACHES   19

PART 3: PROCEDURES   20

12.      COMPLAINT HANDLING PROCEDURES & SANCTIONS   21

13.      COMPLAINT ASSESSMENT CRITERIA  25

14.      CONDUCT REVIEW COMMITTEE/REVIEWER OPERATING GUIDELINES   26

 


PART 1: CONTEXT

This Part of the Model Code establishes the purpose and principles that are used to interpret the standards in the Code.  This Part does not constitute separate enforceable standards of conduct.

 

1.   INTRODUCTION

This Model Code of Conduct for Local Councils in NSW (“the Model Code of Conduct”) is made for the purposes of section 440 of the Local Government Act 1993 (“the Act”). Section 440 of the Act requires every council to adopt a code of conduct that incorporates the provisions of the Model Code.  For the purposes of section 440 of the Act, the Model Code of Conduct comprises all Parts of this document.

The Code is made in three Parts: Context, Standards of Conduct and Procedures.

 

   Part 1: Context, establishes the purpose and principles that are used to interpret the standards in the Code. This Part does not constitute separate enforceable standards of conduct.

   Part 2: Standards of Conduct, set out the conduct obligations required of council officials. These are the enforceable standards of conduct.

   Part 3: Procedures, contains the complaint handling procedures, complaint assessment criteria and the operating guidelines for the conduct review committee/reviewer. This Part should be used to guide the management of complaints about breaches of the Code.

Councillors have two distinct roles under the Local Government Act 1993: as a member of the governing body of the council; and as an elected person. Councillors, as members of the governing body, should work as part of a team to make decisions and policies that guide the activities of the council. The role as an elected person requires councillors to represent the interests of the community and provide leadership. The Model Code sets the standard of conduct that is expected when council officials exercise these roles.

Councillors, administrators, members of staff of council, independent conduct reviewers, members of council committees including the conduct review committee and delegates of the council must comply with the applicable provisions of council’s code of conduct in carrying out their functions as council officials. It is the personal responsibility of council officials to comply with the standards in the code and regularly review their personal circumstances with this in mind. Council contractors and volunteers will also be required to observe the relevant provisions of council’s code of conduct.

Failure by a councillor to comply with Part 2, the standards of conduct, of council’s code of conduct constitutes misbehaviour. The Local Government Act 1993 provides for suspension of councillors from civic office for up to six months for proven misbehaviour. For further information on misbehaviour refer to Sections 11 and 12 of this Code.

Failure by a member of staff to comply with council’s code of conduct may give rise to disciplinary action.

 

A set of guidelines has also been developed to assist councils to review and enhance their codes of conduct. The guidelines support this Code and provide further information and examples on the provisions in this Code.

 

2.   DEFINITIONS

 

In the Model Code of Conduct the following definitions apply:

The Act                                   the Local Government Act 1993

Act of disorder                        see the definition in clause 256 of the Local Government (General) Regulation 2005

Conduct review

committee                              a committee of three or more persons independent of council who are selected from those appointed by council to review allegations of breaches of the code of conduct by councillors or the general manager in accordance with the procedures set out in Sections 12, 13 and 14.

Conduct reviewer                   a person independent of council who is solely selected from those appointed by council to review allegations of breaches of the code of conduct by councillors or the general manager in accordance with the procedures set out in Sections 12, 13 and 14.

Conflict of interests                 a conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

Council official                        includes councillors, members of staff of council, administrators appointed under section 256 of the Act, members of council committees, conduct reviewers and delegates of council

Delegate of council       a person or body, and the individual members of that body, to whom a function of council is delegated

 

Designated person                 see the definition in section 441 of the Act

Misbehaviour                          see the definition in section 440F of the Act

Personal information              information or an opinion about a person whose identity is apparent, or can be determined from the information or opinion

Person independent

of council                                 a person who is not an employee of the council, has no current or ongoing contractual relationship with council in the nature of a contract for services, retainer or contract for the provision of goods of any kind, or is not an employee of any entity with such a contractual relationship.

The term “you” used in the Model Code of Conduct refers to council officials.

 

3.   PURPOSE OF THE CODE OF CONDUCT

 

The Model Code of Conduct sets the minimum requirements of conduct for council officials in carrying out their functions.  The Model Code is prescribed by regulation.

The Model Code of Conduct has been developed to assist council officials to:

   understand the standards of conduct that are expected of them

   enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (section 439)

   act in a way that enhances public confidence in the integrity of local government.

 

4.   KEY PRINCIPLES

 

This Model Code of Conduct is based on a number of key principles. It sets out standards of conduct that meets these principles and statutory provisions applicable to local government activities. The principles underpin and guide these standards and may be used as an aid in interpreting the substantive provisions of the Code, but do not themselves constitute separate enforceable standards of conduct.

4.1     Integrity

You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in the performance of your duties.

 

4.2     Leadership

You have a duty to promote and support the key principles by leadership and example and to maintain and strengthen the public’s trust and confidence in the integrity of the council.  This means promoting public duty to others in the council and outside, by your own ethical behaviour.

4.3     Selflessness

You have a duty to make decisions in the public interest. You must not act in order to gain financial or other benefits for yourself, your family, friends or business interests.  This means making decisions because they benefit the public, not because they benefit the decision maker.

 

4.4     Impartiality

You should make decisions on merit and in accordance with your statutory obligations when carrying out public business.  This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits.  This means fairness to all; impartial assessment; merit selection in recruitment and in purchase and sale of council’s resources; considering only relevant matters.

 

4.5     Accountability

You are accountable to the public for your decisions and actions and should consider issues on their merits, taking into account the views of others.  This means recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

 

4.6     Openness

You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands.  This means recording, giving and revealing reasons for decisions; revealing other avenues available to the client or business; when authorised, offering all information; communicating clearly.

4.7     Honesty

You have a duty to act honestly. You must declare any private interests relating to your public duties and take steps to resolve any conflicts arising in such a way that protects the public interest.  This means obeying the law; following the letter and spirit of policies and procedures; observing the code of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred.

4.8     Respect

You must treat others with respect at all times.  This means not using derogatory terms towards others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision-making.

5.   GUIDE TO ETHICAL DECISION MAKING

 

5.1     If you are unsure about the ethical issues around an action or decision you are about to take, you should consider these five points:

   Is the decision or conduct lawful?

   Is the decision or conduct consistent with council’s policy and with council’s objectives and the code of conduct?

   What will the outcome be for the employee or councillor, work colleagues, the council, persons with whom you are associated and any other parties?

   Do these outcomes raise a conflict of interest or lead to private gain or loss at public expense?

   Can the decision or conduct be justified in terms of the public interest and would it withstand public scrutiny?

 

Conflict of interests

5.2     If you are unsure as to whether or not you have a conflict of interests in relation to a matter, you should consider these six points:

   Do you have a personal interest in a matter you are officially involved with?

   Is it likely you could be influenced by a personal interest in carrying out your public duty?

   Would a reasonable person believe you could be so influenced?

   What would be the public perception of whether or not you have a conflict of interests?

   Do your personal interests conflict with your official role?

   What steps do you need to take and that a reasonable person would expect you to take to appropriately manage any conflict of interests?

 

Political donations and conflict of interests

5.3 Councillors should take all reasonable steps to identify circumstances where political contributions may give rise to a reasonable perception of influence in relation to their vote or support.


 

Seeking advice

5.4 Remember – you have the right to question any instruction or direction given to you that you think may be unethical or unlawful. If you are uncertain about an action or decision, you may need to seek advice from other people. This may include your supervisor or trusted senior officer, your union representatives, the Department of Local Government, the Ombudsman’s Office and the Independent Commission Against Corruption.

 

       Independent Commission Against Corruption  8281 5999

       NSW Ombudsman                                             9286 1000

       NSW Department of Local Government            4428 4100

 

PART 2: STANDARDS OF CONDUCT

This Part of the Model Code sets out the conduct obligations required of council officials. These are the enforceable standards of conduct.

Failure by a councillor to comply with Part 2, the standards of conduct, of council’s code of conduct constitutes misbehaviour and may constitute a substantial breach for the purposes of section 9 of the ICAC Act 1988. The Local Government Act 1993 provides for suspension of councillors from civic office for up to six months for proven misbehaviour. For further information on misbehaviour refer to Sections 11 and 12 of this Code.

Failure by a member of staff to comply with council’s code of conduct may give rise to disciplinary action.

6.   GENERAL CONDUCT OBLIGATIONS

General conduct

6.1     You must not conduct yourself in carrying out your functions in a manner that is likely to bring the council or holders of civic office into disrepute. Specifically, you must not act in a way that:

 

a)   contravenes the Act, associated regulations, council’s relevant administrative requirements and policies

b)   is detrimental to the pursuit of the charter of a council

c)   is improper or unethical

d)   is an abuse of power or otherwise amounts to misconduct

e)   causes, comprises or involves intimidation, harassment or verbal abuse

f)    causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment

g)   causes, comprises or involves prejudice in the provision of a service to the community. (Schedule 6A)

6.2     You must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out your functions under the Act or any other Act. (section 439)

6.3     You must treat others with respect at all times.

6.4     Where you are a councillor and have been found in breach of the code of conduct, you must comply with any council resolution requiring you to take action as a result of that breach.

Fairness and equity

6.5     You must consider issues consistently, promptly and fairly. You must deal with matters in accordance with established procedures, in a non-discriminatory manner.

6.6     You must take all relevant facts known to you, or that you should be reasonably aware of, into consideration and have regard to the particular merits of each case. You must not take irrelevant matters or circumstances into consideration when making decisions.

Harassment and discrimination

6.7     You must not harass, discriminate against, or support others who harass and discriminate against colleagues or members of the public. This includes, but is not limited to harassment and discrimination on the grounds of sex, pregnancy, age, race, responsibilities as a carer, marital status, disability, homosexuality, transgender grounds or if a person has an infectious disease.

Development decisions

6.8     You must ensure that development decisions are properly made and that parties involved in the development process are dealt with fairly. You must avoid any occasion for suspicion of improper conduct in the development assessment process.

6.9     In determining development applications, you must ensure that no action, statement or communication between yourself and applicants or objectors conveys any suggestion of willingness to provide improper concessions or preferential treatment.

7.   CONFLICT OF INTERESTS

7.1     A conflict of interests exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your public duty.

7.2     You must avoid or appropriately manage any conflict of interests. The onus is on you to identify a conflict of interests and take the appropriate action to manage the conflict in favour of your public duty.

7.3     Any conflict of interests must be managed to uphold the probity of council decision-making. When considering whether or not you have a conflict of interests, it is always important to think about how others would view your situation.

7.4     Private interests can be of two types: pecuniary or non-pecuniary.

What is a pecuniary interest?

7.5     A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. (section 442)

7.6     A person will also be taken to have a pecuniary interest in a matter if that person’s spouse or de facto partner or a relative of the person or a partner or employer of the person, or a company or other body of which the person, or a nominee, partner or employer of the person is a member, has a pecuniary interest in the matter. (section 443)

 

7.7     Pecuniary interests are regulated by Chapter 14, Part 2 of the Act. The Act requires that:

a)   councillors and designated persons lodge an initial and an annual written disclosure of interests that could potentially be in conflict with their public or professional duties (section 449)

b)   councillors and members of council committees disclose an interest and the nature of that interest at a meeting, leave the meeting and be out of sight of the meeting and not participate in discussions or voting on the matter (section 451)

c)   designated persons immediately declare, in writing, any pecuniary interest. (section 459)

7.8     Designated persons are defined at section 441 of the Act, and include, but are not limited to, the general manager and other senior staff of the council.

7.9     Where you are a member of staff of council, other than a designated person (as defined by section 441), you must disclose in writing to your supervisor or the general manager, the nature of any pecuniary interest you have in a matter you are dealing with as soon as practicable.

What is a non-pecuniary conflict of interests?

7.10   Non-pecuniary interests are private or personal interests the council official has that do not amount to a pecuniary interest as defined in the Act. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

7.11   The matter of a report to council from the conduct review committee/reviewer relates to the public duty of a councillor or the general manager. Therefore, there is no requirement for councillors or the general manager to disclose a conflict of interests in such a matter.

7.12   The political views of a councillor do not constitute a private interest.

Managing non-pecuniary conflict of interests

7.13   Where you have a non-pecuniary interest that conflicts with your public duty, you must disclose the interest fully and in writing, even if the conflict is not significant. You must do this as soon as practicable.

7.14   If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes. This disclosure constitutes disclosure in writing for the purposes of clause 7.13.

7.15   How you manage a non-pecuniary conflict of interests will depend on whether or not it is significant.

7.16   As a general rule, a non-pecuniary conflict of interests will be significant where a matter does not raise a pecuniary interest but it involves:

a)   a relationship between a council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse, current or former spouse or partner, de facto or other person living in the same household

b)   other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship

c)   an affiliation between the council official and an organisation, sporting body, club, corporation or association that is particularly strong.

7.17   If you are a council official, other than a member of staff of council, and you have disclosed that a significant non-pecuniary conflict of interests exists, you must manage it in one of two ways:

a)   remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another council official

b)   have no involvement in the matter, by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply

7.18   If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide an explanation of why you consider that the conflict does not require further action in the circumstances.

7.19   If you are a member of staff of council, the decision on which option should be taken to manage a non-pecuniary conflict of interests must be made in consultation with your manager.

7.20   Despite clause 7.17(b), a councillor who has disclosed that a significant non-pecuniary conflict of interests exists may participate in a decision to delegate council’s decision-making role to council staff, or appoint another person or body to make the decision in accordance with the law. This applies whether or not council would be deprived of a quorum if one or more councillors were to manage their conflict of interests by not voting on a matter in accordance with clause 7.17(b) above.

Political donations exceeding $1,000

7.21   Councillors should note that matters before council involving political or campaign donors may give rise to a non-pecuniary conflict of interests.

7.22   Councillors should take all reasonable steps to ascertain the source of any political contributions that directly benefit their election campaigns. For example, councillors should have reasonable knowledge of contributions received by them or their “official agent” (within the meaning of the Election Funding Act 1981) that directly benefit their election campaign.

7.23   Where a councillor or the councillor’s “official agent” has received “political contributions” or “political donations”, as the case may be, within the meaning of the Election Funding Act 1981 exceeding $1,000 which directly benefit their campaign:

a)   from a political or campaign donor or related entity in the previous four years; and

b)   where the political or campaign donor or related entity has a matter before council,

then the councillor must declare a non-pecuniary conflict of interests, disclose the nature of the interest, and manage the conflict of interests in accordance with clause 7.17(b).

7.24   Councillors should note that political contributions below $1,000, or political contributions to a registered political party or group by which a councillor is endorsed, may still give rise to a non-pecuniary conflict of interests. Councillors should determine whether or not such conflicts are significant and take the appropriate action to manage them.

7.25   If a councillor has received a donation of the kind referred to in clause 7.23, that councillor is not prevented from participating in a decision to delegate council’s decision-making role to council staff or appointing another person or body to make the decision in accordance with the law (see clause 7.20 above).

 

Other business or employment

7.26   If you are a member of staff of council considering outside employment or contract work that relates to the business of the council or that might conflict with your council duties, you must notify and seek the approval of the general manager in writing. (section 353)

7.27   As a member of staff, you must ensure that any outside employment or business you engage in will not:

a)   conflict with your official duties

b)   involve using confidential information or council resources obtained through your work with the council

c)   require you to work while on council duty

d)   discredit or disadvantage the council.

Personal dealings with council

7.28   You may have reason to deal with your council in your personal capacity (for example, as a ratepayer, recipient of a council service or applicant for a consent granted by council). You must not expect or request preferential treatment in relation to any matter in which you have a private interest because of your position. You must avoid any action that could lead members of the public to believe that you are seeking preferential treatment.

8.   PERSONAL BENEFIT

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

 

Token gifts and benefits

8.1     Generally speaking, token gifts and benefits include:

a)   free or subsidised meals, beverages or refreshments provided in conjunction with:

i)    the discussion of official business

ii)   council work related events such as training, education sessions, workshops

iii)   conferences

iv)  council functions or events

v)   social functions organised by groups, such as council committees and community organisations.

b)   invitations to and attendance at local social, cultural or sporting events

c)   gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address)

d)   ties, scarves, coasters, tie pins, diaries, chocolates or flowers.

 

Gifts and benefits of value

8.2     Notwithstanding clause 8.1, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.


 

Gifts and benefits

8.3     You must not:

a)   seek or accept a bribe or other improper inducement

b)   seek gifts or benefits of any kind

c)   accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty

d)   accept any gift or benefit of more than token value

e)   accept an offer of money, regardless of the amount.

8.4     Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

8.5     You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

8.6     You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Improper and undue influence

8.7     You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

8.8     You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

9.   RELATIONSHIP BETWEEN COUNCIL OFFICIALS

 

Obligations of councillors and administrators

9.1     Each council is a body corporate. The councillors or administrator/s are the governing body of the council. The governing body has the responsibility of directing and controlling the affairs of the council in accordance with the Act and is responsible for policy determinations, for example, those relating to industrial relations policy.

9.2     Councillors or administrators must not:

a)   direct council staff other than by giving appropriate direction to the general manager in the performance of council’s functions by way of council or committee resolution, or by the Mayor or administrator exercising their power under section 226 of the Act (section 352)

b)   in any public or private forum, direct or influence or attempt to direct or influence, any other member of the staff of the council or a delegate of the council in the exercise of the functions of the member or delegate (Schedule 6A of the Act)

c)   contact a member of the staff of the council on council related business unless in accordance with the policy and procedures governing the interaction of councillors and council staff that have been authorised by the council and the general manager

d)   contact or issue instructions to any of council’s contractors or tenderers, including council’s legal advisers, unless by the Mayor or administrator exercising their power under section 226 of the Act. This does not apply to council’s external auditors who, in the course of their work, may be provided with information by individual councillors.

 

Obligations of staff

9.3     The general manager is responsible for the efficient and effective operation of the council’s organisation and for ensuring the implementation of the decisions of the council without delay.

9.4     Members of staff of council must:

a)   give their attention to the business of council while on duty

b)   ensure that their work is carried out efficiently, economically and effectively

c)   carry out lawful directions given by any person having authority to give such directions

d)   give effect to the lawful decisions, policies, and procedures of the council, whether or not the staff member agrees with or approves of them.

Obligations during meetings

9.5     You must act in accordance with council’s Code of Meeting Practice, if council has adopted one, and the Local Government (General) Regulation 2005 during council and committee meetings.

9.6     You must show respect to the chair, other council officials and any members of the public present during council and committee meetings or other formal proceedings of the council.

Inappropriate interactions

9.7     You must not engage in any of the following inappropriate interactions:

a)   Councillors and administrators approaching staff and staff organisations to discuss individual staff matters and not broader industrial policy issues.

b)   Council staff approaching councillors and administrators to discuss individual staff matters and not broader industrial policy issues.

c)   Council staff refusing to give information that is available to other councillors to a particular councillor.

d)   Councillors and administrators who have lodged a development application with council, discussing the matter with council staff in staff-only areas of the council.

e)   Councillors and administrators being overbearing or threatening to council staff.

f)    Councillors and administrators making personal attacks on council staff in a public forum.

g)   Councillors and administrators directing or pressuring council staff in the performance of their work, or recommendations they should make.

h)   Council staff providing ad hoc advice to councillors and administrators without recording or documenting the interaction as they would if the advice was provided to a member of the community.

i)    Council staff meeting with developers alone AND outside office hours to discuss development applications or proposals.

j)    Councillors attending on-site inspection meetings with lawyers and/or consultants engaged by council associated with current or proposed legal proceedings unless permitted to do so by council’s general manager or, in the case of the Mayor or administrator, exercising their power under section 226 of the Act.

9.8     It is appropriate that staff and staff organisations have discussions with councillors in relation to matters of industrial policy.

10. ACCESS TO INFORMATION AND COUNCIL RESOURCES

Councillor and administrator access to information

10.1   The general manager and public officer are responsible for ensuring that members of the public, councillors and administrators can gain access to the documents available under section 12 of the Local Government Act 1993.

10.2   The general manager must provide councillors and administrators with information sufficient to enable them to carry out their civic office functions.

10.3   Members of staff of council must provide full and timely information to councillors and administrators sufficient to enable them to carry out their civic office functions and in accordance with council procedures.

10.4   Members of staff of council who provide any information to a particular councillor in the performance of their civic duties must also make it available to any other councillor who requests it and in accordance with council procedures.

10.5   Councillors and administrators who have a private (as distinct from civic) interest in a document of council have the same rights of access as any member of the public.

Councillors and administrators to properly examine and consider information

10.6   Councillors and administrators must properly examine and consider all the information provided to them relating to matters that they are dealing with to enable them to make a decision on the matter in accordance with council’s charter.

Refusal of access to documents

10.7   Where the general manager and public officer determine to refuse access to a document sought by a councillor or administrator they must act reasonably. In reaching this decision they must take into account whether or not the document sought is required for the councillor or administrator to perform their civic duty (see clause 10.2). The general manager or public officer must state the reasons for the decision if access is refused.

Use of certain council information

10.8   In regard to information obtained in your capacity as a council official, you must:

a)   only access council information needed for council business

b)   not use that council information for private purposes

c)   not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have by virtue of your office or position with council

d)   only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.

 

Use and security of confidential information

10.9   You must maintain the integrity and security of confidential documents or information in your possession, or for which you are responsible.

10.10 In addition to your general obligations relating to the use of council information, you must:

a)   protect confidential information

b)   only release confidential information if you have authority to do so

c)   only use confidential information for the purpose it is intended to be used

d)   not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person

e)   not use confidential information with the intention to cause harm or detriment to your council or any other person or body

f)    not disclose any information discussed during a confidential session of a council meeting.

Personal information

10.11 When dealing with personal information you must comply with:

a)   the Privacy and Personal Information Protection Act 1998,

b)   the Health Records and Information Privacy Act 2002,

c)   the Information Protection Principles and Health Privacy Principles,

d)   council’s privacy management plan,

e)   the Privacy Code of Practice for Local Government

Use of council resources

10.12 You must use council resources ethically, effectively, efficiently and carefully in the course of your official duties, and must not use them for private purposes (except when supplied as part of a contract of employment) unless this use is lawfully authorised and proper payment is made where appropriate.

10.13 Union delegates and consultative committee members may have reasonable access to council resources for the purposes of carrying out their industrial responsibilities, including but not limited to:

a)   the representation of members with respect to disciplinary matters

b)   the representation of employees with respect to grievances and disputes

c)   functions associated with the role of the local consultative committee.

10.14 You must be scrupulous in your use of council property, including intellectual property, official services and facilities, and must not permit their misuse by any other person or body.

10.15 You must avoid any action or situation that could create the appearance that council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.

10.16 The interests of a councillor in their re-election is considered to be a private interest and as such the reimbursement of travel expenses incurred on election matters is not appropriate. You must not use council letterhead, council crests and other information that could give the appearance it is official council material for these purposes.

10.17 You must not convert any property of the council to your own use unless properly authorised.

10.18 You must not use council’s computer resources to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature.

Councillor access to council buildings

10.19 Councillors and administrators are entitled to have access to the council chamber, committee room, mayor’s office (subject to availability), councillors’ rooms, and public areas of council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.

 

10.20 Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or delegate) or as provided in the procedures governing the interaction of councillors and council staff.

10.21 Councillors and administrators must ensure that when they are within a staff area they avoid giving rise to the appearance that they may improperly influence council staff decisions.

11. REPORTING BREACHES

 

11.1   Any person, whether or not a council official, may make a complaint alleging a breach of the code of conduct.

11.2   For the purposes of Chapter 14, Part 1, Division 3 of the Act, failure by a councillor to comply with an applicable requirement of this code of conduct constitutes misbehaviour. (section 440F)

 

Protected disclosures

11.3   The Protected Disclosures Act 1994 aims to encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in the public sector.

11.4   The purpose of that Act is to ensure that public officials who wish to make disclosures under the legislation receive protection from reprisals, and that matters raised in the disclosures are properly investigated.[1]

11.5   If a complaint under this code is or could be a protected disclosure, you must ensure that in dealing with the complaint, you comply with the confidentiality provisions of the Protected Disclosures Act set out in section 22:

‘An investigating authority or public authority (or officer of an investigating authority or public authority) or public official to whom a protected disclosure is made or referred is not to disclose information that might identify or tend to identify a person who has made the protected disclosure unless:

(a) the person consents in writing to the disclosure of that information, or

(b) it is essential, having regard to the principles of natural justice, that the identifying information be disclosed to a person whom the information provided by the disclosure may concern, or

(c) the investigating authority, public authority, officer or public official is of the opinion that disclosure of the identifying information is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.’

Reporting breaches of the code of conduct

11.6   You should report suspected breaches of the code of conduct by councillors, members of staff of council (excluding the general manager) or delegates to the general manager in writing.

11.7   Where you believe that the general manager has breached the code of conduct, you should report the matter to the Mayor in writing.

 

11.8   Where you believe that an administrator has breached the code of conduct, you should report the matter to the Minister for Local Government in writing.

11.9   Councillors should not make allegations of suspected breaches of the code at council meetings or in other public forums.

PART 3: PROCEDURES

This Part of the Model Code contains the complaint handling procedures, complaint assessment criteria and the operating guidelines for the conduct review committee/reviewer. This Part should be used to guide the management of complaints about breaches of the Code.

12. COMPLAINT HANDLING PROCEDURES & SANCTIONS

12.1   Complaints about the conduct of councillors, members of staff of council, members of council committees and delegates of council should be addressed in writing to the general manager.

12.2   Complaints about the conduct of the general manager should be addressed in writing to the Mayor.

Complaint handling procedures – staff, delegate and council committee member conduct (excluding the general manager)

12.3   The general manager is responsible for making enquiries, or causing enquiries to be made, into complaints alleging breach of the code of conduct regarding members of staff of council, delegates of council and/or members of council committees (other than councillors), and will determine such matters.

12.4   Where the general manager has determined not to enquire into the matter, the general manager will give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith.

12.5   Enquiries made into staff conduct that might give rise to disciplinary action must occur in accordance with the relevant industrial instrument and make provision for procedural fairness including the right of an employee to be represented by their union.

12.6   Sanctions for staff depend on the severity, scale and importance of the breach and must be determined in accordance with any relevant industrial instruments or contracts.

12.7   Sanctions for delegates and/or members of council committees depend on the severity, scale and importance of the breach and may include:

a)   censure

b)   requiring the person to apologise to any person adversely affected by the breach

c)   counselling

d)   prosecution for any breach of the law

e)   removing or restricting the person’s delegation

f)    removing the person from membership of the relevant council committee

g)   revising any of council’s policies, procedures and/or the code of conduct.

 

Complaint handling procedures – councillor conduct

12.8   The general manager is responsible for assessing complaints, made under Section 11.1, alleging breaches of the code of conduct by councillors, in accordance with the assessment criteria provided at Section 13 of this Code, in order to determine whether to refer the matter to the conduct review committee/reviewer.

12.9   The general manager must determine either to:

a)   take no further action and give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith, or

b)   resolve the complaint by use of alternative and appropriate strategies such as, but not limited to, mediation, informal discussion or negotiation and give the complainant advice on the resolution of the matter in writing, or

c)   discontinue the assessment in the circumstances where it becomes evident that the matter should be referred to another body or person, and refer the matter to that body or person as well as advising the complainant in writing, or

d)   refer the matter to the conduct review committee/reviewer.

Complaint handling procedures – general manager conduct

12.10 The Mayor is responsible for assessing complaints, made under clause 11.1, alleging breaches of the code of conduct by the general manager, in accordance with the assessment criteria provided at Section 13 of this Code, in order to determine whether to refer the matter to the conduct review committee/reviewer.

12.11 The Mayor must determine either to:

a)   take no further action and give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith, or

b)   resolve the complaint by use of alternative and appropriate strategies such as, but not limited to, mediation, informal discussion or negotiation and give the complainant advice on the resolution of the matter in writing, or

c)   discontinue the assessment in the circumstances where it becomes evident that the matter should be referred to another body or person, and refer the matter to that body or person as well as advising the complainant in writing, or

d)   refer the matter to the conduct review committee/reviewer.

Conduct review committee/reviewer

12.12 Council must resolve to appoint persons independent of council to comprise the members of a conduct review committee and/or to act as sole conduct reviewers.

12.13 The members of the conduct review committee and/or the persons acting as sole conduct reviewers should be appropriately qualified persons of high standing in the community. These persons do not need to be residents of the local government area of the council that has appointed them.

12.14 The conduct review committee, members of such committee and sole conduct reviewers may act in that role for more than one council.

12.15 The general manager, or in the case of complaints about the general manager, the Mayor, will undertake the following functions in relation to the conduct review committee/reviewer:

   provide procedural advice when requested

   ensure adequate resources are provided, including providing secretariat support

   attend meetings of the conduct review committee if so requested by the committee, and then in an advisory capacity only

   provide advice about council processes if requested to do so but not so as to take part in the decision making process

   if attending the conduct review committee meeting to provide advice, must not be present at, or in sight of, the meeting when a decision is taken.

12.16 Where a matter is to be considered by the conduct review committee/reviewer, then in each case, the general manager, or Mayor in the case of complaints about the general manager, acting in their capacity as advisor, will either convene a conduct review committee and select its members from those appointed by council or alternatively select a sole conduct reviewer from those appointed by council.

12.17 The conduct review committee/reviewer will operate in accordance with the operating guidelines at Section 14 of this code.

12,18 The conduct review committee/reviewer operating guidelines (Section 14) are the minimum requirements for the operation of conduct review committees/reviewers. Council may supplement the guidelines, but any additional provisions should not be inconsistent with the guidelines.

12.19 The conduct review committee/reviewer is responsible for making enquiries into complaints made under clause 11.1 alleging breaches of the code of conduct by councillors and/or the general manager and must determine either to:

a)   not make enquiries into the complaint and give the complainant the reason/s in writing as provided in clause 13.1 of this Code, and those reasons may include, but are not limited to, the fact that the complaint is trivial, frivolous, vexatious or not made in good faith, or

b)   resolve the complaint by use of alternative and appropriate strategies such as, but not limited to, mediation, making recommendations to the general manager, informal discussion or negotiation and give the complainant advice on the resolution of the matter in writing, or

c)   make enquiries into the complaint, or

d)   engage another appropriately qualified person to make enquiries into the complaint, or

e)   not make enquiries or discontinue making enquiries where it becomes evident that the matter should be referred to another body or person, and refer the matter to that body or person as well as advising the complainant in writing. Despite any other provision of this code, this will constitute finalisation of such matters and no further action is required.

12.20 Where the conduct review committee/reviewer conducts enquiries or causes enquiries to be conducted, the conduct review committee/reviewer must make findings on whether, in its view, the conduct referred to it comprises a breach of the code of conduct.

12.21 Where the conduct review committee/reviewer makes findings, the conduct review committee/reviewer may recommend that council take any actions provided for in this code of conduct that it considers reasonable in the circumstances.

12.22 Where the conduct review committee/reviewer makes findings, the conduct review committee/reviewer will report its findings, and the reasons for those findings, in writing to the council, the complainant and the person subject of the complaint.

12.23 The conduct review committee/reviewer will report its findings and any recommendations to council only when it has completed its deliberations.


 

 

Sanctions

12.24 Before a council can impose a sanction it must make a determination that a councillor or the general manager has breached the code of conduct.

12.25 Where the council finds that a councillor or general manager has breached the code, it may decide by resolution to:

a)   censure the councillor for misbehaviour in accordance with section 440G of the Act

b)   require the councillor or general manager to apologise to any person adversely affected by the breach

c)   counsel the councillor or general manager

d)   make public findings of inappropriate conduct

e)   prosecute for any breach of law.

Councillor misbehaviour

12.26 Under section 440G a council may by resolution at a meeting formally censure a councillor for misbehaviour.

12.27`Under section 440H, the process for the suspension of a councillor from civic office can be initiated by a request made by council to the Director General of the Department of Local Government.

12.28 The first ground on which a councillor may be suspended from civic office is where the councillor’s behaviour has been disruptive over a period, involving more than one incident of misbehaviour during that period, and the pattern of behaviour during that period is of such a sufficiently serious nature as to warrant the councillor’s suspension.

12.29 Council cannot request suspension on this ground unless during the period concerned the councillor has been:

   formally censured for incidents of misbehaviour on two or more occasions, or

   expelled from a meeting of the council or a committee of the council for an incident of misbehaviour on at least one occasion.

12.30 The second ground on which a councillor may be suspended from civic office is where the councillor’s behaviour has involved one incident of misbehaviour that is of such a sufficiently serious nature as to warrant the councillor’s suspension.

12.31 Council cannot request suspension on this ground unless the councillor has been:

   formally censured for the incident of misbehaviour concerned, or

   expelled from a meeting of the council or a committee of the council for the incident of misbehaviour concerned.

12.32 Under section 440H, the process for the suspension of a councillor can also be initiated by the Department of Local Government, the Independent Commission Against Corruption or the NSW Ombudsman.

Reporting on complaints

12.33 The general manager must report annually to council on code of conduct complaints. This report should include, as a minimum, a summary of the:

a)   number of complaints received,

b)   nature of the issues raised by complainants, and

c)   outcomes of complaints.


 

 

13. COMPLAINT ASSESSMENT CRITERIA

13.1     The general manager or Mayor, in the case of a complaint about the general manager, will assess a complaint alleging a breach of the code of conduct to determine if the matter should be referred to the conduct review committee/reviewer. In assessing the complaint, the general manager and Mayor will have regard to the following grounds:

a)   whether there is any prima facie evidence of a breach of the code of conduct

b)   whether the subject matter of the complaint relates to conduct that is associated with the carrying out of the functions of civic office or duties as general manager

c)   whether the complaint is trivial, frivolous, vexatious or not made in good faith

d)   whether the conduct the subject of the complaint could reasonably constitute a breach of the code of conduct

e)   whether the complaint raises issues that require investigation by another person or body, such as referring the matter to the Department of Local Government, the NSW Ombudsman, the Independent Commission Against Corruption or the NSW Police

f)    whether there is an alternative and satisfactory means of redress

g)   how much time has elapsed since the events the subject of the complaint took place

h)   how serious the complaint is and the significance it has for council

i)    whether the complaint is one of a series indicating a pattern of conduct.

13.2     Complaints that are assessed as not having sufficient grounds to warrant referral to the conduct review committee/reviewer or that are to be referred to a more appropriate person or body can be finalised by the general manager or the Mayor, in the case of complaints about the general manager.

13.3     If a matter is referred to the conduct review committee/reviewer, then the conduct review committee/reviewer should use the above criteria in clause 13.1 for its initial assessment of the complaint and determination of the course to follow in dealing with the complaint.

 

14. CONDUCT REVIEW COMMITTEE/REVIEWER OPERATING GUIDELINES[2]

14.1   Jurisdiction of the conduct review committee/reviewer

The complaint handling function of the conduct review committee/reviewer is limited to consideration of, making enquiries into and reporting on complaints made under clause 11.1, about councillors and/or the general manager.

Complaints regarding pecuniary interest matters should be reported to the Director General of the Department of Local Government and will not be dealt with by the conduct review committee/reviewer.

Sole reviewers and members of the conduct review committee are subject to the provisions of this code of conduct.

14.2   Role of the general manager and Mayor

The general manager, or in the case of complaints about the general manager, the Mayor, will undertake the following functions in relation to the conduct review committee/reviewer:

   provide procedural advice when requested

   ensure adequate resources are provided, including providing secretariat support

   attend meetings of the conduct review committee if so requested by the committee, and then in an advisory capacity only

   provide advice about council processes if requested to do so but not so as to take part in the decision making process

   if attending the conduct review committee meeting to provide advice, must not be present at, or in sight of, the meeting when a decision is taken.

Where the general manager, or in the case of complaints about the general manager, the Mayor, is unable to act as advisor to the conduct review committee/reviewer due to a conflict of interests in relation to a complaint, they are to nominate a senior council officer or councillor (in the case of complaints about the general manager) to perform this role.

14.3   Composition of the conduct review committee

Where council has a conduct review committee it will comprise three or more appropriately qualified persons of high standing in the community who are independent of the council, convened and selected as provided in clause 12.16.

In the circumstances where a member of the conduct review committee cannot participate in a matter, the general manager, or Mayor in the case of complaints about the general manager, should select another person as provided in clause 12.16.

The chairperson is to be elected by the members of the conduct review committee.

The general manager, or in the case of complaints about the general manager, the Mayor, will act in an advisory capacity to the committee when requested.

14.4   Quorum of the conduct review committee

A quorum for a meeting of the conduct review committee is the majority of the members of the conduct review committee.

If a quorum is not present at a meeting of the conduct review committee it must be adjourned to a time and date that is specified.

Business is not to be conducted at any meeting of the conduct review committee unless a quorum is present.

Business may be conducted by video-conference or teleconference.

14.5   Voting of the conduct review committee

Each member of the conduct review committee shall be entitled to one vote in respect of any matter. In the event of equality of votes being cast, the chairperson shall have the casting vote.

If the vote on a matter is not unanimous, then this should be noted in any report to council on its findings.

In relation to any procedural matters relating to the operation of the conduct review committee, the ruling of the chairperson shall be final.

14.6     Procedures of the conduct review committee/reviewer

The general manager or Mayor, in the case of a complaint about the general manager, will be responsible for convening the initial meeting of the conduct review committee when there is a complaint to be referred to it.

The conduct review committee/reviewer will conduct business in the absence of the public.

The conduct review committee/reviewer will keep proper records of deliberations.

The conduct review committee shall determine the procedures governing the conduct of its meetings provided such procedures are consistent with these operating guidelines.

14.7   Procedural fairness

In conducting enquiries, the conduct review committee/reviewer or the person engaged to do so should follow the rules of procedural fairness and must -

a)   provide the person the subject of the complaint with a reasonable opportunity to respond to the substance of the allegation

b)   provide the person the subject of the complaint with an opportunity to place before the conduct review committee/reviewer or person undertaking the enquiry any information the person considers relevant to the enquiry

c)   provide the person the subject of the complaint with an opportunity to address the conduct review committee/reviewer in person

d)   hear all parties to a matter and consider submissions before deciding the substance of any complaint

e)   make reasonable enquiries before making any recommendations

f)    act fairly and without prejudice or bias

g)   ensure that no person decides a case in which they have a conflict of interests

h)   conduct the enquiries without undue delay.[3]

 

Where the person the subject of the complaint declines or fails to take the opportunity provided to respond to the substance of the allegation against them, the conduct review committee/reviewer should proceed to finalise the matter.

14.8   Complaint handling procedures

In addition to complying with these operating guidelines, the conduct review committee/reviewer will ensure it deals with all complaints in accordance with the provisions of Section 12 of this Code.

All persons who are the subject of complaints that are referred to the conduct review committee/reviewer will receive written information about the process being undertaken to deal with the matter.

The conduct review committee/reviewer will only deal with matters that are referred to it by the general manager or the Mayor.

Where the conduct review committee/reviewer determines to make enquiries into the matter, such enquiries should be made without undue delay.

In circumstances where the person the subject of the complaint meets with the conduct review committee/reviewer, they are entitled to bring a support person or legal adviser. That person will act in an advisory and support role to the person affected. They will not speak on behalf of the subject person.

14.9   Findings and recommendations of the conduct review committee/reviewer

Where the conduct review committee/reviewer determines, in its view that the conduct referred to it comprises a breach of this code of conduct it may, in its report to the council, make recommendations, that the council take any of the following actions:

a)   censure the councillor for misbehaviour

b)   require the councillor or general manager to apologise to any person adversely affected by the breach

c)   counsel the councillor or general manager

d)   make public findings of inappropriate conduct

e)   prosecute for any breach of the law

f)    revise any of council’s policies, procedures and/or the code of conduct.

Before making any such recommendations, the conduct review committee/reviewer shall have regard to the following:

a)   the seriousness of the breach

b)   whether the breach can be easily remedied or rectified

c)   whether the subject has remedied or rectified their conduct

d)   whether the subject has expressed contrition

e)   whether the breach is technical or trivial only

f)    whether the breach represents repeated conduct

g)   the age, physical or mental health or special infirmity of the subject

h)   the degree of reckless intention or negligence of the subject

i)    the extent to which the breach has affected other parties or the council as a whole

j)    the harm or potential harm to the reputation of local government and of the council arising from the conduct

k)   whether the findings and recommendations can be justified in terms of the public interest and would withstand public scrutiny

l)    whether an educative approach would be more appropriate than a punitive approach

m)  the relative costs and benefits of taking formal enforcement action as opposed to taking no action or taking informal action

n)   what action or remedy would be in the public interest

o)   where to comply with a councillor’s obligations under this code of conduct would have had the effect of depriving the council of a quorum or otherwise compromise the capacity of council to exercise its functions

14.10 Amendment of the operating guidelines

The conduct review committee/reviewer guidelines may be added to and any additional requirements may be further amended or repealed by resolution of the council.

 

 


Item 16 Ordinary Meeting 17 May 2010

Item 16 - Annexure 1

 

Council Landfill Sites

- Access Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[15 February 2010]

Author

Senior Environmental Services Officer

Owner

(Relevant director)

Director of Environmental Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

DRAFT to be Adopted by Council

Next Review Date

 

Minute number
(once adopted by Council)

 

2 Summary

This Policy has been introduced to restrict access to Council’s landfill sites and transfer stations in order to enable control over waste dumped at these sites and encourage recycling in the Cabonne Local Government Area.

Approvals

Title

Date Approved

Signature

Director of Environmental Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

 

03/12/39-13 - [16/12/02] reviewed & submitted to May Council

April 2010

4 Reason

The policy has been introduced as a result of restricting access to the public at Cabonne’s landfill sites and transfer stations.

This policy indicates Council’s commitment towards sustainable waste management including source separation and recycling within the Local Government Area.

5 Scope

This policy at all times encompasses:

-     The Cargo, Canowindra, Eugowra, Manildra, Cumnock, Yeoval and Molong landfill sites and transfer stations in the Cabonne Local Government Area;

-     Staff with access to landfill sites and transfer stations including; town maintenance personnel, cemetery maintenance officer, transfer station attendants, and any other staff with access to Cabonne’s landfill sites and transfer stations.

-     Cabonne residents and ratepayers who access the landfill sites and transfer stations.

6 Associated Legislation

Waste Avoidance and Resource Recovery Act 2001

Protection of the Environment Operations Act 1997

7 Definitions

N/A

8 Responsibilities

8.1 GM

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

8.1 Directors and Managers

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

8.2 Supervisors

To ensure that staff with access to landfill sites and transfer stations have the skills and experience required to administer this policy.

8.3 Employees

To implement procedures associated with this policy.

8.4 Contractors

To implement procedures and meet contractual obligations associated with this policy.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

That:

1.   Access is limited to:

The Public – can access these sites during normal landfill opening days/times unless special arrangements have been made with the Senior Environmental Services Officer.

Council Staff – The following personnel are permitted access to the landfill sites and transfer stations at any time as necessary to carry out duties as required in their position:

-     Town Maintenance staff

-     Cemetery Maintenance Officer

-     Landfill and transfer stations attendants

-     Council waste collection service providers

-     Landfill maintenance personnel including the Dozer Operator and the Skip Truck driver

-     Senior Environmental Services Officer

-     Other local businesses as negotiated with Council

Records must be kept in relation to the amount and type of rubbish and recycling dumped at each site and provided to the Senior Environmental Services Officer.

2.   Keys be provided only to the above mentioned staff and service providers for access to the landfill sites and transfer stations. 

3.   Access may be permitted by other staff only after prior arrangements have been made with the Senior Environmental Services Officer.

 


Item 17 Ordinary Meeting 17 May 2010

Item 17 - Annexure 1

 

cabonne Council colour       

Memo

To

Gerry Aguila – Administration Manager

CC

Rob Staples - DETS

From

Mark Dalzell

File No

183096

Date

3 May 2010

Subject

Tender Reviews and Inclusion of Local Content Provisions

 

Gerry,

Thanks for the information. I currently use a price/ non-price criteria model for reviewing tenders with the break-up as follows:

Price Based Criteria – normally 60%

The lowest price gets 60 and the other prices get scored on a pro-rata basis. Therefore if one tenderer has submitted a price of $100,000.00 and the next lowest is $110,000.00, then the lowest tenderer gets 60 points and the second lowest would get 55 ( 60 x 100k/110k). This is repeated for all tenderers.

 You would also note that this process sets a ‘cost’ for each point in the review score. The second tenderer has lost 5 points because his price was $10,000.00 above the lowest tendered price. Therefore each point is nominally worth $2,000.00.

Non – Price Based Criteria – normally 40%

In many tender reviews I allow 40 points for non-price based items such as technical expertise, experience, sub-contractors and Quality/OH&S systems. Important issues with using non-price criteria include:

   Quantifiable - Submission schedules must be included for all non-priced criteria. This gives the tenderers equal opportunity to provide the relevant information. You must be able to objectively measure the criteria as submitted by the Contractor ;

   Relevance - The criteria must be balanced with the project. As noted above each point in the non-price criteria has a dollar value, and each additional point allocated under this system may ultimately cost Council more money. Therefore the inclusion of non-price criteria’s should clearly, and definitively, benefit the project. It may also mean that the priced/ non-price criteria is amended to 80/20 if the project is considered to be less complex in nature; and

   Defendable – The non-price criteria needs to be fully documented, though not included in the tender documentation, and comments on the scores need to be included in the tender review. This is based on the fact that the use of non-price criteria shall more often than not result in the lowest price tender is not accepted.

 

 

 

 

Worked Example – Manildra On-Property Installation.

This project was recently managed using a price/non-price criteria model with Council resolving to accept the tender from A Plus Plumbing. A summary of the Tender Review Sheet is as follows. It is noted that the price/ non-price criteria is 70/30.

 

A Plus Plumbing

MGP Civil

Carmen Building & Plumbing

Price Based Criteria

 

 

 

Tender Price

$801,475

$793,276

$868,430

Price Based Score (65)

64

65

59

Schedule of Rates (5)

4

5

3

Total Price based Criteria (70)

68

70

62

Non-Price Based Criteria

 

 

 

Tenderers Particulars -Financial (5)

5

5

5

Register of Subcontractors (5)

5

4

5

Experience in Plumbing (10)

8

8

10

Quality system & OH&S (5)

4

4

4

Co-ordinator of electrical & plumbing (5)

4

3

4

Total Non-Price (30)

26

24

28

Total Tender Score (100)

94

94

90

 

As can be seen from this example the non-price criteria does not always clarify the best value for money. If this example was to be re-worked to include a local component, the criteria would be amended as follows:

 

Criteria

Existing Scale

Proposed Scale

Tender Price

65

60

Schedule of Rates

5

-

Tender Particulars – Financial

5

5

Register of subcontractors

5

5

Experience in Plumbing

10

10

Quality system & OH&S

5

5

Co-ordination of Electrical and Plumbing

5

5

Local content

-

10

 

100

100

 

The review would be as follows:

 

A Plus Plumbing

MGP

Carmen

Price Based Criteria

 

 

 

Tender Price

$801,475

$793,276

$868,430

Tender Score

59

60

55

Total Price based Criteria

59

60

55

Non-Price Base Criteria

 

 

 

Tender Particular – Financial (5)

5

5

5

Register of Subcontract (5)

5

4

5

Experience in Plumbing (10)

8

8

10

Quality System & OH&S (5)

4

4

4

Co-ordination of Electrical and Plumbing (5)

4

3

4

Local Contract (10)

8

5

10

Total Non-priced criteria

34

29

38

Total Tender Score

93

89

93

 

The rational for the Local content score in the above review includes:

   A Plus Plumbing (8) – Included a local sub-contractor and have a history of utilising locally based people for the work;

   MGP Civil (5) – No evidence of local content but would be situated in Manildra for the length of the project.

   Carman Building & Plumbing (10) – locally based contractor.

From the alternate review it can be seen that A Plus Plumbing and Carmen Building and Plumbing would now tie for the best value for money. It is noted however that if Council accepted Carmen Building & Plumbing’s submission it would pay an additional $66,355, or 8.3%, for the Contract works. This would be the cost, for this project, of including Local Content in the tender review process.

Issues with Non Priced Criteria

Whilst using non-price criteria assists with determining the best value for money, there are some issues with its use. These include:

Weighting of Non-price Criteria

It is essential that the non-priced criteria, and their weighting, be consistent with the effect the criteria would have on the project. Each point under the non-priced system does have a monetary value.

 

 

Non- performance Criteria

Non-price criteria may be broken up into two categories:

   Performance based; and

   Non performance based.

Performance based criteria are criteria that reflect the performance of the contractor. Non-performance based criteria are criteria that don’t actually reflect the performance of the Contractor but may fill some other objective of the project.

Local content is an example of a non-performance based criteria. The location of a contractor would have little effect on the ability of the contractor to perform the work, or add value to the project itself. It is granted however that a local contractor may feel more ownership of the project and that the use of local contractors may meet some broader objectives of the Council.

It is advisable that non-performance based criteria be used with some caution. In the example provided the local content is worth 10 points and therefore may have affected the project cost by up to $80,000.00 (10 points x $8,000 per price based point).

This is not to say that non-performance based criteria should not be used. For some projects objectives such as increasing local employment are of great value. It must be noted however that the use of non-performance criteria may reduce the effectiveness of the project as a whole.

If you have any questions please call me on ext.120.

 

Yours faithfully,

 

MD signature.tiff

 

Mark Dalzell

DESIGN MANAGER

 


Item 22 Ordinary Meeting 17 May 2010

Item 22 - Annexure 1

 





 


Item 23 Ordinary Meeting 17 May 2010

Item 23 - Annexure 1

 




 


Item 25 Ordinary Meeting 17 May 2010

Item 25 - Annexure 1

 

 


Item 25 Ordinary Meeting 17 May 2010

Item 25 - Annexure 2

 

 


Item 26 Ordinary Meeting 17 May 2010

Item 26 - Annexure 1

 







 


Item 27 Ordinary Meeting 17 May 2010

Item 27 - Annexure 1

 



 


Item 28 Ordinary Meeting 17 May 2010

Item 28 - Annexure 1

 






 


Item 29 Ordinary Meeting 17 May 2010

Item 29 - Annexure 1

 

Land Acquisition – Public Roads Act

1 Document Information


 

Version

[20/02/89]

Author

 

Owner

 

Status

Adopted by Council

Review Date

Needs Reviewing

Adopted by Council

8998

 

1


2
Summary


N/A

1


3 Reason


N/A

1


4 Scope


N/A

1


5 Associated Legislation


N/A

1


6 Definitions


N/A

1


7 Policy Statement

 

That Compensation amounts for land acquired under the Public Roads Act be determined in accordance with the requirements of the Land Acquisition (Just terms Compensation) Act


8 Responsibilities


N/A

8.1 GM

 

8.2 Directors and Managers

 

8.3 Supervisors

 

8.4 Employees

 

8.5 Others

N/A

1


9 Related Documents


N/A


 

Document Name

Document Location


 

 

 

 

1


10 Approvals


N/A


 

Name

Date Approved

Signature


 

 

 

 

 

1


11 History


N/A


 

Minute Number

Summary of Changes

New Version Date


Item 29 Ordinary Meeting 17 May 2010

Item 29 - Annexure 1

 

 

 

 

 

 

 


Item 33 Ordinary Meeting 17 May 2010

Item 33 - Annexure 1

 






  


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 17 May, 2010

Page 1

TABLE OF CONTENTS

 

ITEM 1      INVESTMENTS & RATES SUMMARIES.......................................... 1

ITEM 2      Quarterly Budget Review for period from  1st January 2010 to 31st March 2010............................................................................... 1

ITEM 3      2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE.................................................................................................. 2

ITEM 4      WALUWIN COMMUNITY CENTRE - UPDATE................................ 2

ITEM 5      Local Government Association and Shires Association - Legal Assistance Policy and Guidelines Review - Submissions by Councillors...................................................................................... 3

ITEM 6      SES BUILDING CANOWINDRA......................................................... 3

ITEM 7      RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions       4

ITEM 8      2010 LGSA TOURISM CONFERENCE - DELEGATES REPORT 5

ITEM 9      57TH ANNUAL ALGWA NSW CONFERENCE - DELEGATES REPORT  5

ITEM 10    COMMUNITY ECONOMIC DEVELOPMENT CONFERENCE - DELEGATES REPORT.................................................................................................. 6

ITEM 11    Government Information Public Access (GIPA) ACT 6

ITEM 12    Review of Council's Operations - interim report.... 7

ITEM 13    VOLUNTARY PURCHASE - GRAVILLEA STREET EUGOWRA 9

ITEM 14    Molong Quarry - Business Plan........................................ 10

ITEM 15    PROJECT APPROVAL - ORANGE WASTE PROJECT - PART 3A   10

ITEM 16    PROCESSING TIMES......................................................................... 16

ITEM 17    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................. 16

ITEM 18    DEVELOPMENT APPLICATIONS RECEIVED.............................. 17

ITEM 19    BURIAL STATISTICS......................................................................... 18  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Summary of Rate Collections to 30 April 2010    19

ANNEXURE 1.2    Investment Schedule to 30 April 2010.............. 20

ANNEXURE 3.1    2009 Consultation Meeting Action Status.... 21

ANNEXURE 7.1    Manual Resolutions Register ............................. 40

ANNEXURE 7.2    Resolutions Register for May - Council....... 48

ANNEXURE 7.3    Resolutions Register for May Community Services 74

ANNEXURE 7.4    Resolutions Register for May Economic Development & Tourism................................................................................ 77

ANNEXURE 7.5    Resolutions Register for May Environmental Services & Sustainability................................................................. 83

ANNEXURE 7.6    Resolutions Register for May Land Development    88

ANNEXURE 7.7    Resolutions Register for May Quarry Review   90

ANNEXURE 7.8    Resolutions Register for May Works............ 91

ANNEXURE 8.1    LGSA Tourism Conference 2010 - Delegates Report  95

ANNEXURE 9.1    57th Annual ALGWA NSW Conference - Delegates Report                                                                                                    99

ANNEXURE 10.1  Community  Economic Development Conference - Delegates Report...................................................... 103

ANNEXURE 12.1  Cabonne Council Operations............................. 114

ANNEXURE 15.1  Conditions....................................................................... 117 

 


 

 

ITEM 1 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to investments and rates.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

1.  Summary of Rate Collections to 30 April 2010

2.  Investment Schedule to 30 April 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183265

 

Director of Finance and Corporate Services' REPORT

 

Statements of Investments.

 

The Statement of Investments to 30 April 2010  is attached.

 

Rate Collection Summary.

 

The summary of rate collections to 30 April 2010  is attached.

 

 

 

ITEM 2 - Quarterly Budget Review for period from  1st January 2010 to 31st March 2010

REPORT IN BRIEF

 

Reason For Report

To advise Council of the view of the Director of Finance & Corporate Services with regard to the Financial position of Council as at the 31st March 2010

Policy Implications

Yes: In accordance with Coun cil policy

Budget Implications

Yes

Area of Responsibility

Department of Finance & Corporate Services

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184044

 

Director of Finance and Corporate Services' REPORT

 

Included in Council’s Business Paper is a copy of the Quarterly Budget Review for the period from 1st of January 2010 to 31st March 2010.

 

I believe that this review indicates that the financial position of Council is satisfactory, having regard to the original estimate of income and expenditure, except with the expenditure in the area of Flash Jack’s and the Amaroo intersection and the Molong Creek bridge, where negotiations with the Council and RTA are continuing.

 

 

 

 

ITEM 3 - 2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on actions derived from the 2009 Round of Community Consultation Meetings.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

1.  2009 Consultation Meeting Action Status    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183264

 

Director of Finance and Corporate Services' REPORT

 

Attached for Councillors’ information is an update report on actions derived from the 2009 Community Consultation meetings.

 

The updated version shall also be uploaded on to Council’s website for the public’s information.

 

 

 

 

ITEM 4 - WALUWIN COMMUNITY CENTRE - UPDATE

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update in regards to the operations of the Waluwin Community Centre

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Public Health

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184007

 

Director of Finance and Corporate Services' REPORT

 

Council has forwarded follow up correspondence to both the Greater Western Area Health Service and the Health Administration Corporation requesting a delegate be nominated for the Waluwin Centre Governance Committee. Council shall be advised of the nominated delegates once this information has been received. There have been no further developments regarding the Waluwin Centre to report for the preceding month

 

 

 

 

 

ITEM 5 - Local Government Association and Shires Association - Legal Assistance Policy and Guidelines Review - Submissions by Councillors

REPORT IN BRIEF

 

Reason For Report

To advise Council of feedback provided.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Local & Regional Liasion

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183039

 

Administration Manager's REPORT

 

The request for feedback was reported to Council’s April 19 meeting at which Council resolved, inter alia, THAT:

 

2.    Any feedback/comments submitted to the Administration Manager be further reported to Council.

 

Councillors are advised that no feedback/comments were submitted.

 

 

 

 

ITEM 6 - SES BUILDING CANOWINDRA

REPORT IN BRIEF

 

Reason For Report

To advise Council that the purchase for the property has settled.

Policy Implications

Nil

Budget Implications

Yes - Asset value; statutory and maintenance costs

Area of Responsibility

Assets

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183879

 

Administration Manager's REPORT

 

Council’s solicitors have confirmed that settlement of the purchase of 9 Armstrong Street Canowindra took place on 30 April 2010.

 

They are now attending to the registration of the Transfer and will provide the Certificate of Title, showing Council as registered proprietor, once obtained.

 

 

 

ITEM 7 - RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report of outstanding actions resulting from the December 2008 to April 2010 Council and Committee meetings

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Manual Resolutions Register  

2.  Resolutions Register for May - Council

3.  Resolutions Register for May Community Services

4.  Resolutions Register for May Economic Development & Tourism

5.  Resolutions Register for May Environmental Services & Sustainability

6.  Resolutions Register for May Land Development

7.  Resolutions Register for May Quarry Review

8.  Resolutions Register for May Works    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 183918

 

Administration Manager's REPORT

 

InfoCouncil generated reports are provided including May 2009 to April 2010 Resolutions.  These are annexed sorted by meeting i.e. Council, Community Services, etc. 

 

The manually prepared Register will continue to be provided until all actions are complete: it is also annexed with the latest updates.

 

As previously advised the Council and Committees’ resolutions registers from March meetings onwards also show the outstanding Resolutions.

 

Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.

 

Councillors should raise any issues directly with Directors as per the Mayor’s request.

 

 

ITEM 8 - 2010 LGSA TOURISM CONFERENCE - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with a summary of the 2010 Tourism Conference held in Cowra

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

1.  LGSA Tourism Conference 2010 - Delegates Report    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184259

 

Administration Manager's REPORT

 

Council has received a report on the 2010 Tourism Conference by Councillor Culverson held in Cowra on 10 – 12 March. The report has been attached as an annexure and any questions should be directed to the delegates.

 

 

ITEM 9 - 57TH ANNUAL ALGWA NSW CONFERENCE - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with a summary of the 57th Annual ALGWA Conference

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

1.  57th Annual ALGWA NSW Conference - Delegates Report    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184263

 

Administration Manager's REPORT

 

Council has received a report on the 57th Annual ALGWA Conference by Councillor  Culverson held in Moree on 4 – 8 March. The report has been attached as an annexure and any questions should be directed to the delegates.

 

 

ITEM 10 - COMMUNITY ECONOMIC DEVELOPMENT CONFERENCE - DELEGATES REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with a summary of the Community Economic Development Conference in Broken Hill

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

1.  Community  Economic Development Conference - Delegates Report    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184268

 

Administration Manager's REPORT

 

Council has received a report on the Community Economic Development Conference by Councillor Hyde held in Broken Hill on 3 – 6 May. The report has been attached as an annexure and any questions should be directed to the delegates.

 

 

ITEM 11 - Government Information Public Access (GIPA) ACT

REPORT IN BRIEF

 

Reason For Report

To advise Council of the announced commencement date for GIPA.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184397

 

Administration Manager's REPORT

 

The NSW Attorney General has announced that the Government Information (Public Access) Act 2009 (GIPA Act) will commence on 1 July 2010.  The GIPA Act will replace the Freedom of Information Act 1989 (NSW) and introduce a new “right to information” regime.  The new regime is focused on making government information more readily available and provides a presumption in favour of disclosure unless there is an overriding public interest against disclosure.

 

 

ITEM 12 - Review of Council's Operations - interim report

REPORT IN BRIEF

 

Reason For Report

Directors progress report on review of Councils Operations and SWS

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Corporate

Annexures

1.  Cabonne Council Operations    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184241

 

Director of Engineering and Technical Services' REPORT

Council requested the Director of Engineering and Technical Services to review its Operations and report to the June Ordinary meeting and that a progress report be submitted to the May meeting.

The review is intended to examine current activity and project management and attribute responsibility and accountability for timely completion and expenditure as per the Management Plan. The review will also identify budget and resource constraints with regard to meeting project and service obligations and to meeting the community level of service expectation.

Once this has been completed it would then be appropriate to examine the current structure and compare with other organisations and structures with a view to improving performance, provision of services and administrative functions.

The first stage of the review includes assigning budget items (projects and activities) to the responsible officer. Council’s current structure assigns project and activity responsibility to Coordinators. While the Director has overall Departmental responsibility and the Managers have responsibilities for activities within a group, the Coordinators are responsible for individual activity and budget/cost accountability.

Operations Section has five Coordinators;

   Coordinator Construction (major capital works)

   Coordinator Maintenance (road maintenance including RMCC)

   Coordinator Urban Services (water, sewerage, pools, buildings, parks, reserves, town amenity).

   Coordinator Plant and Depots (major plant replacement and depot administration)

   Chief Weeds Officer (noxious weed control).

Included in the annexure is a list of budget activity groupings assigned to each of the above Coordinators. This schedule gives an indication of the complexity of activities undertaken and will be used to develop levels of service statements.

Level of Service statements or agreements will need to be considered for Urban Services and Routine Maintenance in order to establish budgets and accountability. Capital works projects is relatively more easily defined as projects of this nature would have a project brief, specifications and detailed budget.

CABONNE OPERATIONS - CONSTRUCTION GANGS

Historically the make up of the construction gangs was determined by geographic association and would depend on who was available and generally be related to pre Cabonne amalgamation boundaries.

More recently, construction gang make up become more formalized with the coming on of major RTA projects and an increase in capital works expenditure. The major projects necessitated structured gangs to meet the demands of the work load at the time. Consistency/expertise and reliability of the construction gang is a product of having structure works gangs. Cabonne Council gained high praise from the RTA as a contractor for major projects.

However maintaining structured gangs have become more difficult to maintain lately due to a greater number of “smaller” projects being undertaken. The loss of experienced works supervisors due to retirement and/or promotion and the rotation of operators on projects has also contributed to a less structured works gang and significantly impacted on performance.

The SWS experience provides positive outcomes to the structural gang approach.

The SWS Works Foreman advised that their structure included two formal construction gangs with operators assigned to a specific gang. The foreman indicated that this structure is working well and that a good team mentality has developed within the gang improving performance and work ethic.

The establishment of “selected” construction teams has been re-introduced in councils operations for major capital projects. The final stage of Flash Jacks was completed using a selected team assigning supervisors and operators on skills and performance not just availability. The introduction of a Project Management Tools Kit and Project Management Guidelines has also had good outcomes.

Essentially the procedures and tool kit defines the process and responsibilities for each stage of a project, from concept to hand-over. Council has completed two projects using these procedures with positive results. These projects include; Long Point Road sealing and the final stage of Flash Jacks. Experience has shown that having an experienced, skilled supervisor on the work site improves productivity, quality of work and cost control. Communication between the site supervisor and project manager, both up and down is a key aspect of good project management. To coin a new phrase “Vertical Integrated Project Management” (VIPm)

For major projects ($250,000+) Operations will assign a Senior Overseer (Superintendent of Works) to the project. The Superintendent of works will be responsible for this project, relieved of other activities and will have a say in the establishment of the works gang. While this system appears to be working efficiently there may be efficiencies that can be achieved by establishing a permanent “stand alone” construction gang or gangs.

A stand alone operations unit of Council would need to consider a wide range of administrative functions including: -

   Human Resource Management

   Financial support

   Clerical and administrative functions

   IT support

   Accommodation, both office and operational

These need to be known to determine overheads and on cost for budget and cost estimates.

 

 

ITEM 13 - VOLUNTARY PURCHASE - GRAVILLEA STREET EUGOWRA

REPORT IN BRIEF

 

Reason For Report

Advise Council of request from the Eugowra Mens Recreation Grop to occupy property purchased under the Voluntary Purchase scheme.

Policy Implications

Voluntry Purchase

Budget Implications

Approval may conflict with funding ageement
Note: 60% funded by State/Fed Government.

Area of Responsibility

Flood mitigation

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184130

 

Director of Engineering and Technical Services' REPORT

 

Council has received a request, form the Eugowra Men’s Recreation Group dated 7 May 2010 to occupy a property purchased by Council under the Voluntary Purchase program. The Men’s Group would utilise for activities similar to Men’s Sheds in other areas.

 

Council has advised the Group that this property was identified as a property in the floodway and recommended for V.P. in the Eugowra Flood study 1999 and that the purchase is 60% funded by State and Federal Government.

 

It is a condition of funding that the properties purchase under the VP program are demolished. Failure to comply with the conditions may put at risk government funding for this purchase and possible future purchases. At the request of the applicant council staff will contact the Department of Environment and Climate Change in Dubbo (funding authority) to confirm demolition is a requirement.

 

 

ITEM 14 - Molong Quarry - Business Plan

REPORT IN BRIEF

 

Reason For Report

Advise Council of progress of the development of a business plan for the Molong Limestone quarry

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Council property

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184269

 

Director of Engineering and Technical Services' REPORT

 

Council would recall resolving to prepare a business plan for the Molong Limestone Quarry and allocation of resources to engage a consultant if required. The Director of Engineering and Technical Services has engaged a company to prepare a Business Plan for the quarry. The company is a consulting firm for Business Enterprise Centre in Orange and has experience in the field of work.

 

Included in the brief for the business plan is an assessment of the administrative functions and resources to operate as a standalone business unit.

 

A more detailed report on the proposed business plan will be submitted to the June Quarry Review Committee.

 

 

ITEM 15 - PROJECT APPROVAL - ORANGE WASTE PROJECT - PART 3A

REPORT IN BRIEF

 

Reason For Report

For the information of Council

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

1.  Conditions    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184142

 

Director of Environmental Services' REPORT

 

The Hon Tony Kelly MLC and Minister for Planning granted approval on 28 April 2010 to the Orange Waste Project. The approval issued under s75J of the Environmental Planning and Assessment Act 1979 and was subject to a range of conditions that are required to:

 

-     Prevent, minimise and / or offset adverse environmental impacts,

-     Set standards and performance measures for acceptable environmental performance,

-     Require regular monitoring and reporting, and

-     Provide for ongoing environmental management of the project.

 

 

The approval provides specific conditions of consent that address the following:

 

-     Administrative conditions – terms of the approval, obligations to minimise harm to the environment, structural adequacy, demolition, operation of plant and equipment, staged submission of plans or programs

-     Ophir Road site – waste, soil and water, odour, air, noise, transport, visual amenity

-     Euchareena Road site – waste, apiculture risks, odour, air, noise, metrological monitoring, conservation, transport and visual amenity

-     Transport – access works at the Euchareena Road site, upgrade of Euchareena Road, Upgrade of Watson Street and Euchareena Road intersection, heavy vehicle restrictions, transport code of conduct

-     Environmental management, reporting and auditing – community education program, environmental management, reporting, independent audit, access to information.

 

The conditions of approval implement a high level of environmental accountability, monitoring and auditing. There is also a significant requirement for the proponent to undertake capital and infrastructure works prior to any commencement of the operation at the Euchareena Road site – and this includes requirements for upgrade of the local road network.

 

The general terms of the approval (excluding appendices), along with the Director General’s Environmental Assessment Report and the Planning Assessment Commission Review are available at the NSW Department of Planning’s web site. Each of the three documents should be read together to gain an understanding of the approvals process under Part 3A of the Environmental Planning and Assessment Act 1979.

 

Council is currently seeking a copy of the complete planning consent documentation. Upon receipt of the full documentation a detailed technical assessment will be carried out of the terms of the approval and a further report prepared for Council’s information. The following assessment provides an overview to Council of the documentation available to date on the consent/determination process.

 

The Director General’s report provides assessment of the proposal and supports the Ophir Road and Euchareena sites as suitable for the proposed uses as well as supporting the regional nature of the project. It is made clear that the scale of the development is sufficient to recognize regional significance while disputing that there needs to be more than one LGA participating to warrant a regional acknowledgement. The process for site selection was also identified in the report as adequate, and reflects that agricultural landuse constraints would apply to each of the reviewed sites.

 

The Planning Assessment Commission (PAC) was asked to review the merits of the project including the suitability of the site, the environmental impacts and whether the project was in the public interest. The PAC completed its review on 2 March 2010 and concluded that:

 

-     Both sites were suited for the proposed development

-     Subject to suitable conditions of consent the environmental impacts could be adequately managed

-     The project is in the public interest.

 

Consequently the PAC recommended approval of the project subject to a series of conditions. Eight conditions are summarised in the Director General’s report of which 6 have been implemented in the conditions of approval. This included the relocation of the proposed compost shredder from the Euchareena Road site to the Ophir Road site. Not supported by the Director General were the PAC recommendation for an independent traffic expert to determine what road works should be carried out on Euchareena Road before the construction and operation of the project. The Director General nominated the findings of the November 2009 traffic assessment as the expert traffic assessment for the road upgrading standards. The PAC also recommended capping heavy vehicle movements to / from the Euchareena Road site to 30 per day. This was considered and modified to accommodate average traffic volumes across a week.

 

Also of interest is the consideration that the Part 3A assessment did not require the Director General to apply a strict interpretation of the Cabonne LEP, and in fact ruled that clause 10 of the LEP was focused on agricultural landuse such that it precluded any other landuse that may have had a community value. In that respect the Director General set aside the strict interpretation of the clause in this instance.

 

The report noted that there had been 221 submissions during the exhibition phase of the proposal. Five submissions had been received from agencies and with the exception of Cabonne Council all supported the project. Fourteen submissions came from interest groups while 202 submissions were made by  members of the public. All but 2 of the 216 non agency submissions opposed the project. Approximately 175 submissions raised concerns regarding traffic and transport, with other key issues being the previous court case, the loss of prime agricultural land and the site selection process.

 

Each of the key issues were assessed by the Director General’s report. Of particular interest to Council would be the consideration of traffic and transport issues. To fully assess the impact of the conditions of consent Council has requested a complete set of consent documentation from the Department of Planning. This has been done to ensure Council has access to each of the relevant documents including the Road User Safety and Operational Assessment report referred to in the general terms of approval.

 

The Director General’s report identified the following road matters based on the findings of the 2009 independent traffic assessment (Euchareena Road Resource Recovery Centre – Road User and Operational Assessment prepared by Winning Traffic Solutions and dated November 2009):

 

-     Implementation of some low cost measures to improve visibility, line marking and edges of Euchareena Road

-     Construction of a new box culvert at Back Creek to replace the existing narrow bridge

-     Upgrade of the existing Watson Street / Euchareena Road intersection, and

-     Construction of a new access to the site

 

The above works will be required to be carried out to the satisfaction of the RTA or Cabonne Council (depending on the road classification) and the Director General.

 

The Director General’s report also supported the payment of a contribution by Orange City Council to Cabonne Council for the ongoing maintenance of the relevant section of Euchareena Road. A rate of 4 cents per kilometre per tonne of material trucked either to or from the Euchareena Road site along the relevant section of Euchareena Road. The report goes on to indicate that costs however for the upgrade of Euchareena Road should be shared between Cabonne Council and Orange City on a proportional basis. It was noted that the two Councils potentially may agree to the apportionment of the costs, or Cabonne may refuse to pay any of the costs of these works. A condition of approval requires the per tonne, per kilometre rate to be paid by Orange City for the life of the project, however a further condition enabled Orange to apply to the Director General to seek a reduction in the contribution rate. 

 

The PAC report recommended a range of measures to minimise the potential heritage impacts associated with the proposed upgrade of the Watson Street / Euchareena Road intersection and to ensure the retention of the Deodar Cyprus tree known throughout the project debate as Molong’s Christmas tree. Conditions of approval address the heritage significance of the railway precinct.

 

The conditions of approval therefore require:

 

-     Construction of a new access to the Euchareena Road site to the satisfaction of Cabonne Council prior to the commencement of construction of the site

-     Implementation of the recommended measures of medium and high priority in the road safety audit of Euchareena Road to the satisfaction of Cabonne Council prior to the commencement of operations on the Euchareena Road site (This matter will be subject to a further report to Council once the complete terms of the approval have been provided to Council allowing a technical assessment of the requirements)

-     Payment of a maintenance contribution annually to Cabonne (revised by CPI every three years). (The contribution rate and cost of road upgrading costs may be subject to further negotiation between Orange City Council and the Department of Planning)

-     Upgrade of Watson Street /Euchareena Road intersection to the satisfaction of the RTA and Director General prior to commencement of operations on the Euchareena Road site

-     Ensure no heavy vehicles associated with the project access Euchareena Road during school bus operating times, and

-     Prepare and implement a detailed Transport Code of Conduct for the project in consultation with the RTA, Cabonne Council and the school bus operators.

 

The conditions of approval prohibit heavy vehicles associated with the project from using the Euchareena Road route during school bus operating times. The PAC report also recommended limiting heavy vehicle movements along that section of road to 30 per day, unless in an emergency situation. The Director General’s report supports the recommendation but suggested that  up to 40 heavy vehicle movements per day may be required on some occasions to deal with operational requirements. The condition of approval reflects an average figure that would accommodate peak flows.

 

In addressing agricultural landuse issues relating to the Euchareena Road site the conditions of approval require implementation of a series of monitoring measures to ensure risks to adjoining rural land holders would ‘be effectively zero’ . Specific attention was given to the apiculture risks identified during the exhibition phase. All baled waste delivered to the Euchareena Road site will be required to be plastic wrapped. The initial proposal to wrap bales during peak apiary activity months has been replaced with a condition of consent requiring wrapping of all baled waste. Conditions of approval also require implementation of a community education program to separate waste that has potential to transmit American Foulbrood Disease.

 

A requirement of the approval is establishment and funding of a liaison committee with representatives from Department of Industry and Investment and the apiculture industry and appropriate experts to over see the monitoring and management of the program for apiculture protection.

 

Impact on grazing and cropping land was considered minimal. Never the less the approval requires protection of existing vegetation upon the Euchareena Road site and the progressive rehabilitation of the site to ensure it is capable of sustained agricultural production following the completion of the project.

 

A range of strict management and environmental monitoring and reporting regimes are also requires as part of the approval. This includes an Air Quality Monitoring Program, Soil and Water Management Plan, Conservation Management Plan, Landfill Environmental Management Plan, Construction Management Plan, an independent annual audit and an annual review. Reporting of incidents and complaints also form the platform of the strict conditions of approval.

 

Limitation to hours of operation at the landfill site are included with construction activity permitted Monday to Friday 7am to 6pm and Saturday 7am to 1pm with no activity on Sunday or Public Holiday. Landfill and outdoor composting activities are controlled to Monday – Sunday 7am to 5pm excepting Good Friday and Christmas Day. Emergency Operations may occur on the site at any time.

 

The report quotes from DECCW that the proposed waste strategy is ‘ at or beyond best practice (particularly for regional NSW) and, if implemented, will contribute to positive environmental outcomes in relation to:

 

-     Integrating waste management into development planning and assessment

-     Recovery of recyclable materials from the waste stream

-     Recovery of organics from the waste stream

-     Reducing the amount of waste requiring landfill disposal, and

-     Reducing greenhouse gas emissions associated with the landfill disposal of organic waste’

 

The Department of Planning assessment of the project concludes ‘this assessment has found that both sites are suitable for  the proposed development, and that the impacts of the project can be mitigated and managed  to ensure an acceptable level of environmental performance… On balance the Department is satisfied that the benefits of the project outweigh its potential costs and that it is in the public interest.

 

Cabonne Council has been identified as having an ongoing role in regulating a number of conditions of approval – namely the upgrade of Euchareena Road. The Council and the local community will also have a role in the monitoring of the project through the various reporting mechanisms required by the approval. The responsibility for compliance with the majority of conditions of approval remains with the Department of Planning.  (A copy of the consent is attached.)

 

 

ITEM 16 - PROCESSING TIMES

REPORT IN BRIEF

 

Reason For Report

Providing information on Application Processing Times

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development Approvals

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184020

 

Director of Environmental Services' REPORT

 

2002-2003         Median times for month     =       24.50 days

2003-2004         Median times for month     =       33 days

2004-2005         Median times for month     =       49 days

2005-2006         Median times for month     =       39 days

2006-2007         Median times for month     =       11 days

2007-2008         Median times for month     =       27 days

2008-2009         Median times for month     =       33 days

2009-2010         Median times for month     =       31 days

 

 

 

ITEM 17 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH

REPORT IN BRIEF

 

Reason For Report

Providing information on Development Applications that have been approved during the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development Approvals

Annexures

1.  Development Applications Approved for the Month of April    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184023

 

Director of Environmental Services' REPORT

 

The following Development Applications have been approved during the preceding month as detailed in the Closed Annexure.

 

SUMMARY OF APPLICATIONS

 

TYPE

NUMBER

ESTIMATED VALUE

Dwelling

2

$630,000

Additions/Alterations

3

$138,524

Garage

1

$    7,000

Skate Park

1

$120,000

Assembly Hall

1

$873,617

Storage/Rural Shed

3

$  58,410

Patio

1

$  10,200

Septic

2

$0

Subdivision

1

$0

TOTAL

15

$1,208,381

Previous Month

 

$3,630,999

 

 

 

ITEM 18 - DEVELOPMENT APPLICATIONS RECEIVED

REPORT IN BRIEF

 

Reason For Report

Details of Development Applications Received

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexures

1.  Development Applications Received for the Month of April    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184022

 

Director of Environmental Services' REPORT

 

During the period of the 1/04/10 to the 30/04/10 development applications have been received by the Environmental Services Department (closed).

 

 

 

 

 

ITEM 19 - BURIAL STATISTICS

REPORT IN BRIEF

 

Reason For Report

To provide information on burial statistics.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Cemeteries

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 184024

 

Director of Environmental Services' REPORT

 

YEAR

NO OF BURIALS

2003-2004

66

2004-2005

89

2005-2006

62

2006-2007

59

2007-2008

62

2008-2009

57

2009-2010

 

July

1

August

6

September

4

October

10

November

7

December

4

January

8

February

5

March

9

April

1

Total

55

 

 

 

Yours faithfully,

 

 

GLP Fleming

GENERAL MANAGER  


Item 1 Ordinary Meeting 17 May 2010

Item 1 - Annexure 1

 

 


Item 1 Ordinary Meeting 17 May 2010

Item 1 - Annexure 2

 

 


Item 3 Ordinary Meeting 17 May 2010

Item 3 - Annexure 1

 

cabonne%20Council%20colour.jpg

COMMUNITY CONSULTATION MEETINGS – 2009

 

1. Canowindra Community Consultation Meeting – 10 February 2009

 

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Vegetation & Noxious Weeds at rear of Museum

ARTC to be approached.

DETS

ARTC to be approached. Response to be provided to the Bendy Street Group.

 

Have received comment from ARTC. Works will be carried out Mid October

COMPLETED – MOWING DONE

Morris Park – Irrigation & Maintenance of Palms & Paths

Resurfacing of path & application for new bore.

DETS

Funds provided in current Budget for resurfacing as much as possible, including concrete path to tourist sign.

An application to DECC for a new bore is currently being investigated in possible 6-12 months due to current moratorium, before a final decision is made. Opportunities to investigate reinstatement of Sports Trust bore should be reviewed.

 

The application to DECC for a new bore is progressing slowly. It is has been through the native title and geological approval process and is back with the licence section. Possible approval this year.

 

Existing Bore is recreation ground to be reinstated and may provide irrigation for Morris park.

 

DETS met with Canowindra Sports Trust 17 Sept. Resolved that Council invest. Option to connect to existing irrigation.

COMPLETED – Bore activated

Parking – Gaskill Street

To be referred to Traffic Committee

DETS

To be referred to Traffic Committee for review.

Finns Lane Carpark has been completed, lines marked completed.

COMPLETED

 

Tourist attraction signs & parking bays

Review of RTA signage.

 

Consideration of funding for Parking Bays

DETS

With the aim being to increase traffic into historic Gaskill Street, a review of RTA approved signage can be undertaken. Funding for parking bays will need to be considered along with Council’s other Works Program and Projects currently in the plan.

 

RTA Traffic Committee reviewing all tourist signs in the shire.  Waiting for the RTA to initiate.

 

COMPLETED

Designated Parking Area – In or near Gaskill St

Options to be reviewed with local Councillors.

DETS

Concern raised at shortage of space. It was pointed out that business houses and their staff have a responsibility to provide parking for customers. Options to be reviewed with local Councillors.

 

Design to be finalised end of December 2009. Works to be carried out once design completed.

 

Finns Lane Parking marked and lined. 

 

COMPLETED

 

Culvert & Traffic Speed Signs – Cnr Hospital Lane & Belubula Way

Extension of 50km zone to be referred to Traffic Committee

 

Speeding vehicle issue to be referred to Police

DETS

Acknowledge that current culvert was unsightly, however still had serviceable life. Issue of extension of 50km zone to be referred to Traffic Committee. Speeding vehicle issue to be referred to local Police.

 

Traffic Committee required design

 

Was listed for August Traffic Committee and currently awaiting formal RTA review

 

In progress with RTA.

 

Not approved by RTA

 

COMPLETED.

Stormwater drainage – Thompson, Rodd & East Streets

Meeting to be arranged and inspection with Mr Don Percival

DETS

Meeting to be organised and inspection arranged with Mr Don Percival

Meeting has been held. Council to reform table drain along Thompson street to provide drainage away from driveway entrance.

 

Referred to Operations to reshape when grader next available.

 

Grader in Canowindra to do this work 12.05.2010

 

COMPLETED

Playing Field area between Caravan Park & Belubula River

To liaise with groups

DETS

Potential to use this area to be reviewed as part of program being developed by Bendy Street Group and Canowindra Sports Trust.

 

To be raised with Bendy Street Group. Not a high priority for Bendy Street Group.

 

Council trusteeship Crown Land for Public recreation

 

COMPLETED

Waddell St Works

To meet & inspect with local Councillors

DETS

Waddell Street works – questioned as to when works would be done.

Meeting to be arranged. Works yet to be determined by Assets.

 

In works program for completion end of May 2010.

 

Leash Free Area

Report to Council

DES

The DES advised that if there was sufficient support for a Leash Free Area, this could be quite easily investigated and reported to Council.

To be further investigated as part of Companion Animals Management Plan.

 

 

3. Nashdale Community Consultation Meeting – 17 February 2009

 

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Community Hall Program

Submissions sought for Community Hall Program

DETS

Council seeking submissions – none received. To Peter Darley.

 

Workshop conducted at August Committee Meeting. Report to be prepared by Assets Department for Committee Meeting. 

 

Current budget involves project for halls.

 

COMPLETED

Men’s Shed at Borenore

Request for financial assistance.

DETS

Men’s Shed at Borenore meeting next Tuesday night. Will have a women’s auxiliary. Could Council help financially.

 

Engineering to request Woman’s Auxiliary to submit application.

 

Council provided some funding - COMPLETED

 

Lights at Borenore

To be considered in next budget.

DETS

Lights at Borenore – need to consider for next budget. More years than not working at Field Days area when they are on.

 

Provision for additional street lights at park not in 2009/10 budget.

 

Not in budget -

 

4. Cargo Community Consultation Meeting – 24 February 2009

 

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Cemeteries

Consult community regarding works.

DES

Consulting community for works. Progress Association to assist with what can be done.

 

Audit completed. Consultation with community is to be ongoing.

 

COMPLETED

Town Mowing

To provide number of allocated hours of mowing to Cargo. To arrange meeting with Progress Association regarding outsourcing of mowing and possibly combining cemetery mowing.

 

DETS

The issue of town mowing was raised and that it was not done often enough. How many hours are allocated to Cargo. It was advised that hours could be provided and that Council would investigate. It was further raised as to whether cemeteries and town mowing could be combined and outsourced to the community. Meeting to be arranged with Progress Association.

 

Mowing undertaken as budget permits.

 

Investigate options for outsourcing mowing for some areas.

 

Still analysing outsourcing issues such as voluntary mowing and contract mowing. Expected outcome 30 September 2009.

 

Mowing and Town Maintenance now included in volunteer policy to enable Council’s work to be supplemented.

 

COMPLTED

Village Enhancement Program

Bus shelters – consideration of 20 – 30 children.

 

Fallen tree to be cleaned up – in the interim Council to arrange fencing

DETS

Some works done in front of Hall. More kerb to be carried out across the road. Designs still being worked on for bus shelters. Please ensure big enough for 20 to 30 children – cover existing slab area.

Progress and community disappointed with Village Enhancement Progress as higher commitment given by Council. One design staff member has been dedicated to the program now. Staff shortages are a problem.

Fallen tree needs to be cleaned up. Could be cut up by locals and used for fund raising purposes – in the interim Council will arrange fencing.

Larger bus shelters installed at Cargo. COMPLETED

 

Fallen tree has been fenced. COMPLETED

 

Power

COMPLETED

 

Tree Removed

COMPLETED

 

Fence to be reinstated Week of 9 Nov 09

 

COMPLETED

 

Tennis Courts

Are CIP funds able to be used – Council to review.

DETS

A query was raised as to the possibility of using mini golf course and whether previous CIP funds could be used. It was advised that this was being reviewed.

 

Letter was sent to applicant advising of report to Council (October Council Meeting). Outcome to be advised by letter following resolution.

 

Urban Assets Coordinator is following this up with the Cargo PA.

 

Honour Roll

Seeking funding from Council for Cudal. Cargo is looking at something similar.

 

DETS

Seeking funding from Council for Cudal. Cargo is looking at something similar.

 

Letter was sent to applicant advising of report to Council (October Council Meeting). Outcome to be advised by letter following resolution.

 

Urban Assets Coordinator is following this up with the Cargo PA.

 

Davis Plains Road

Extension of 50kph zone to be considered.

DETS

Extension of 50kph zone should be extended further to where Cargo sign goes. Difficult to justify depending unless increased residential development. Council will take on board.

 

Has been listed with RTA following August Traffic Committee meeting. Assets to follow up. 

 

Listed on Traffic Committee Register for RTA

 

COMPLETED

 

5. Cudal Community Consultation Meeting – 3 March 2009

 

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Waste Collection

Possible collection of waste to be followed up for residents residing outside of town limits.

DES

A query was raised as to a resident residing 6km outside of town why there is no waste collection. It was requested if details could be given to Director of Environmental Services after the meeting.

Survey of residents carried out. Reported to Council Services currently provided by private operators. No further Council action required at present time.

COMPLETED..

Street Lighting

Review street lighting in Cudal

DETS

It was requested as to whether Council could undertake a review of street lighting in Cudal.

 

Inspections to be carried out

 

Asset Manager passed to GIS officer to supply the Cudal Progress Association with Country Energy Plan to carry out inspection

 

GIS officer has printed 2 plans and letter has been drafted.  With Assets Manager now to be sent Monday May 10 2010.

 

COMPLETED

 

6. Manildra Community Consultation Meeting – 10 March 2009

 

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Turning Trucks

Council to refer to RTA regarding trucks turning.

DETS

It was expressed that there was a need to look at trucks turning in Manildra. It was advised that Council would ascertain to have RTA look into this.

 

RTA have been invited to attend a site meeting. Awaiting reply. Council is currently following this up. 

 

DETS to arrange suitable date for meeting (May 2010)

 

 

 

 

 

8. Eugowra Community Consultation Meeting – 25 March 2009

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Eugowra Floodplain Study

Refer to notes from meeting.

DETS

Need to ensure local community input before adoption, including

 

a)   Ensure findings and reports were available for public display

b)   The Consultant being there in person for a community meeting, suggested to be held at night time

c)   A minute taker from Council be in attendance to record the issues raised

d)   That Council not adopt the Study until the feedback from the Eugowra community was considered

 

Consultant has advised Council that he received the report re Narrabri Floodplain and has indicated that the findings will be considered in the final draft.

1st draft to be received by Calendar Year

 

DETS held information session in Cudal for members of the Floodplain Committee.

 

COMPLETED

 

Stormwater Drainage – East Eugowra through to Strom Lane

DETS to include in stormwater review to be undertaken in Eugowra.

 

DETS

Concern that any study undertaken covered a broad enough area to Strom Lane so as not to compromise future works. DETS to include in stormwater review to be undertaken in Eugowra.

 

Issues regarding overland flow are being considered in the Floodplain Management Review. DETS to investigate stormwater issues in Eugowra following finalisation of floodplain Management Review.

 

Council has not yet received estimate.

 

 

Museum Additions – Provision of Funding

DETS to advise EPPA concerning funding allocations for Museum additions.

 

DETS/DES

DETS to advise EPPA concerning funding allocations for Museum additions.

 

Museum funding when available is coordinated by Museum & Galleries NSW.

 

Completed – Matter with Museum Committee solicitors

LEP Review – Minimum Lot Sizes

Specifically address minimum lot sizes in consultation process.

DES

The Director of Environmental Services advised that the issue of minimum rural lot sizes had received initial consideration by the previous Council, however it was currently being reviewed and that the LEP process could proceed whilst the minimum rural lot size area and identification of strategy areas was being conducted. It would be the intention that all these matters would be finalised when the Draft LEP was presented to the community for comment.

 

Programmed into LEP Review, proceeding with development of village strategies first, with lifestyle lots and minimum lot sizes reviews to follow.

 

COMPLETED.

 

 

Vacant Council Land – cnr Evelyn & Parkes st

DES to review as part of flood study, and subject to outcomes, receive further consideration by Council.

DES/DETS

 

To be referred to Engineering section

The possibility to sell this land and incorporate into the existing flood study was raised. DES to review as part of flood study, and subject to outcomes, receive further consideration by Council.

 

To be considered in flood study review.

 

Part of the Floodplain Study

 

COMPLETED

 

 

9. Molong Community Consultation Meeting – 31 March 2009

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Areas Holding Molong Back

Delay in LEP

Consultant – Flood Mitigation

Economic Development & Tourism is lagging

GM

It was advised there were 3 areas holding the town back:

  Delay in LEP – the template is the same across the state, must pay to get planners.

 

  Consultant of Flood Mitigation not working with local community – It was advised that consultants must be selected from a government check list and are government funded.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  Economic Development and Tourism is lagging –why not contract community – It was advised that Council will list for review of ED&T.

 

 

 

   WBC Strategic Planner progressing LEP review and development of village strategies.

1.   First draft for the Molong Flood Review has been completed and is with DECC for their comment.

2.   On receipt of DECC comment (and subject to their appraisal) the draft will be issued to the members of the flood plain committee to read and become familiar with its content..

3.   The Consultant will then present the draft document to the Committee. Any comment concern etc will be taken and if required the draft amended.

4.   The 2nd draft will then be submitted to Council for approval to exhibit.

5.   When the draft is on exhibition the Consultant will be in Molong on designated days to receive comment from the community as part of the community consultative process.

 

Initial comments received by DECCW indicate that:

 

   The draft is not in a form to be given to community reps at this stage, in my opinion. The reasons being that the draft has not addressed the special questions put forward in the brief in Phases I & II.

   The modelling parts may have been completed (Ian would have a look for their adequacy), but as a draft FRMS & Plan it lacks information (may not be great deal of work, but still missing)

 

 

EDM returned from maternity leave 2 days per week and working from home from September 2009.

Economic Development workshop held.

Held up due to resignation of EDM. New EDM in place as of April 2010.  Ongoing.

 

Parking

Council to investigate possibility of parking at rear of supermarket

DETS

It was advised that parking in the main street was becoming congested and Council should consider asking supermarket to provide off-street parking. It was advised that Council would investigate further.

It was further indicated that a designated spot for mobile homes parking was needed.

 

Design to confirm number of parking spaces by end of December. Advise that area behind super market is private property. Will refer to Assets upon completion.

 

Erected P Signs

 

10. Mullion Creek Community Consultation Meeting – 14 April 2009

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Garbage Collection Survey

Consideration of a follow up survey regarding

DES

A question was asked as to whether Council are going to do a follow up survey on Garbage Collections.

 

Survey of residents carried out. Reported to Council Services currently provided by private operators. No further Council action required at present time.

COMPLETED..

Intersection

DETS to inspect intersection.

DETS

It was advised that the intersection needs to be done properly as previous attempts have been unsuccessful.

 

DETS to inspect area upon return. DETS to reconfirm location and issues.

 

This is for Mulyan Road – the design has been completed.

COMPLETED

 

Overtaking Areas

Are there any overtaking  areas identified between Wayne Culverson & Col Culverson on Burrendong Way.

DETS

It was raised as to whether overtaking areas identified between Wayne Culverson and Col Culverson on Burrendong Way.

 

Council needs to determine Regional Road project priorities. Will require detailed report by Assets Manager to a Council Workshop Forum. RSA did not identify overtaking lane as issue.

 

Not part of RTA safety audit.

 

Copy to Assets Manager to list in 5 year program

COMPLETED

 

11.  Spring Terrace Community Consultation Meeting – 7 April, 2009

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Rocks & Rubble Removal

Removal of rocks & rubble against boundary fence, Bakers Road.

DETS

It was advised that for 20 years they had been trying to get Council to shift rocks and rubble on Bakers Road up against boundary fence.

Inspection undertaken by Assets Officer. Manager to follow up on report.

 

Operations Manager has staff doing an urgent inspection and will remove.

 

Blackberries

To arrange inspection.

DETS

Weeds Officers aren’t doing anything about blackberries growing on neighbours property across the lane.

Information to be followed up with DETS upon return.

 

 Work done - COMPLETED

Dog Trap Road

Investigate traffic concerns in relation to issues raised with Dog Trap Road.

DETS/DES

Dog Trap Road had a quarry approved for Orange Hospital – Forest Reefs Road damaged as a result – caused by Cabonne being between Blayney and Orange and sub-divisions causing increased traffic on roads – also two new quarries being considered.

 

Orchard Road is a major supply route for Cadia.

With hospital relocation and northern industrial estate location the Piesley Street bridge will be a major traffic hazard.

Corners on south side of Pat Tilston’s property and needs realignment for safety purposes.

 

The quarry development did have an impact on Cabonne Roads. Is a planning development matter.

 

4/2/10 No planning role for Cabonne. Quarry is in Blayney Council Development of hospital was State Development.

 

Orange City Council issue.

 

COMPLETED

 

 

12. Byng/Lewis Ponds Community Consultation Meeting – 21 April 2009

 

ITEM TITLE

ACTION

DIRECTORATE

NOTES FROM MEETING

PROGRESS

Waste/Levy Collection

Investigate possibility of domestic waste collection in local area and whether Council is looking at alternative models such as residents driving to designated collection points.

DES

A query was raised as to why Council levies a rate for waste and no facilities are provided.

 

It was queried as to whether a domestic waste collection could be provided in the local area with Council advising that it would be possible but Council will need to ask the contractor at what price.

 

A further request was made as to whether Council were looking at alternative models such as sending out collections to a set point and people driving to the designated area as is done by Gunnedah Shire.

 

Response provided. COMPLETED

 

Further report to Council December 2009-11-05

Models investigated and will provide background for further report to Council.

 

Additional industry information being sought. Further report to Council March 2010.

 

Services provided by private operators. No further Council action proposed at present time.

 

COMPLETED.

Weeds Committee

DETS to coordinate consultation meeting regarding the Noxious Weeds Management Plan

DETS

It was then indicated that serrated tussock and blackberries are spreading and Council is seen as doing nothing and why Council only requires a perimeter control. It was indicated that the community needs to be consulted on a review of the Noxious Weeds Management Plan.

The following requests were also raised in regards to weeds:

   Why can’t category of weeds such as True Scotch Thistle be changed to a higher category

   Does Council visit new landholders to educate them about weeds

   Why can’t Council use satellites to identify weed infestations

   Can Council impose conditions on subdivisions for weeds

   Does Council keep files on status of weed infestation on individual properties

It was indicated that if there is enough support a dedicated meeting could be held on Noxious Weeds Management Plan. A vote was put to the community with a strong ‘yes’ vote being returned.

It was further indicated that Council and staff need to drive around the area to look at weeds and roads.

Chief of Weeds Officer preparing report for committee meeting.

 

   CWD to report on changes to class 4 Weeds Management

 

Draft Revised Class 4 weeds list to be reported at March Works committee Meeting

 

Draft revised class 4 list reported to March Works and Norm to attend meeting in Cobar in May with Clr Dowling

 

New Weeds Policy with new Class 4 weeds list to go to May 2010 council for adoption.

All COMPLETE

Spraying of Suckers

Is it possible to spray suckers at the same time weeds are sprayed.

DETS

A question was asked as to why Council can’t spray suckers at the same time as spraying weeds.

 

Chief of weeds officers to report to Works Committee.

 

Referred to Tony Weeks – further advice awaited.

 

Works done - COMPLETED

Tourist Attractions

GM to advise as to whether there are any proposals to put Lewis Ponds on the tourist map.

GM

A question was asked as to whether there is anything proposed to put Lewis Ponds on the tourist map for example a memorial drive or museum.

No plans at present. To be reviewed late 2009 as part of Cabonne Drive Brochure review.

 

Cabonne brochure range under review.  Adding Lewis Ponds to map will require discussion/quote from Graphic Designer. To be discussed with CTAC.

 

Held up due to restructure of CTAC.

 

 


Item 7 Ordinary Meeting 17 May 2010

Item 7 - Annexure 1

 

 

Item No/ Title

 

 

Action (Resolution)

Directorate

 

Meeting Date Council / Committee

 

 

Status / Actions taken

(If not complete provide Status - Explanation and estimated completion date if applicable)

ITEM 17 – STREET STALLS & RAFFLE TICKETING SELLING POLICY

 

THAT:

1.         The issues relating to the Molong Street Stall raised by the Risk Management Officer be actioned.

3.         The option to establish street stall shelters as part of the VEP be referred to the VEP program.

DETS re 1 and 3

DECEMBER

Council

1.   Memo sent to Director of Engineering & Technical Services to action  Not actioned yet

 

3.   Memo as per 1.

1 & 3 – DETS to action. All funds allocated for 2008/09 year in VEP program. Issue shall be raised with Progress Associations when discussing 2009/10 projects under the VEP.

Referred to DM for inclusion in VEP.

Still in progress as at 04/02/10

COMPLETED as now A project included in VEP long term Projects.

ITEM 26 – AUSTRALIAN WORKING DOG HALL OF FAME CONCEPT

 

THAT Council:

 

2.   Endorse funding for a feasibility study to be carried out

3.   Send a delegation to the State and Federal Government for funding

GM

DECEMBER

Council

2. Subject to response to delegations to State & Federal Government being organised by Mayor.  Considered for 09/10 Draft Budget, on hold until stronger commitment from Federal & State Government given. Funds are available if this commitment is given for Feasibility Study.

3. Mayor has organised delegation to Minister. Outcome awaited. No commitment given at this stage.

AWDHOF Brief prepared and circulated by EDM to Councillors.  Awaiting responses.

No response received by Clrs as at 7/12/09

Awaiting advice from Mayor re appropriate contact person in Department of Industry & Investment. 

Mayor advised that regional support is required and that he is awaiting advice of that support.

ITEM 32 – B-DOUBLE ROUTE ASSESSMENT – PROPOSED SIX MONTH TRIAL IN NORTH EAST CABONNE FOR 2008/09 HARVEST

6.   A further report to Council at the end of the trial at the September 2009 meeting.

DETS

DECEMBER

Council

B Double access extended further 6 months.

Review and report at the end of October.

 

Copy of Police record to date now on hand - NIL

Trial was reported to the November 09 Traffic Committee.  Separate report to be forwarded to March 10 Council.

 

CLOSED ITEM 10 – MOLONG CARAVAN PARK LEASE AGREEMENT

THAT Council approve the General Manager and the Mayor to sign the lease agreement for the Molong Caravan Park and affix Council’s seal.

DETS

DECEMBER

Council

27/4- Further resolution 6 April Extraordinary Council meeting refers.  COMPLETE

 

ITEM 14 – CLOSURE OF PUBLIC ROAD RESERVE OFF BANK ST, MOLONG

THAT Council:

 

1.   Endorse the closure of the public road reserve known as Lot 2 DP758693 which is located off Bank Street;

 

2.   Authorise the signing and lodgement of the road closure application for Lot 2 DP758693 to the Department of Lands;

 

3.   Upon closure of this  road reserve classify the land operational in accordance with the Local Government Act 1993; and

 

4.   Refer the matter of disposing of the land should the road closure application be successful to Council’s Land and Development committee.

 

5.   A progress report be made to the March Council meeting.