cabonne Council colour 200 wide

 

 

 

 

 

 

9  November 2010

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 15 November 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)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Matters of Urgency

5)       Resolve into Committee of the Whole

a)    Consideration of Closed Items

6)       Adoption of Closed Committee of the Whole Report

 

 

 

 

 

 

 


 

ATTENDEES – NOVEMBER 2010 COUNCIL MEETING

 

 

10.20am   

Presentation to Volunteer of the Month November

Presentation to Sam Little – Youth of the Month August

 

 

11.00

Presentation of Auditors Report by John O’Malley

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

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

 

 

 

 

COUNCIL’S MISSION

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

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

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

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


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

Page 3

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 7

ITEM 2      DECLARATIONS OF INTEREST....................................................... 7

ITEM 3      DECLARATIONS OF POLITICAL DONATIONS ............................ 8

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 8

ITEM 5      CONFIRMATION OF THE MINUTES................................................. 9

ITEM 6      Questions For Next Meeting................................................... 9

ITEM 7      BUSINESS PAPER ITEMS FOR NOTING...................................... 10

ITEM 8      COUNCILLOR INFORMATION SEMINARS - SERIES II............. 10

ITEM 9      Presentation of Motions on screen at Council meetings 12

ITEM 10    Policy Database - Summary of Policies Review By Council 15

ITEM 11    POLICY DATABASE - PROCUREMENT (Including Local Preference) POLICY    19

ITEM 12    THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2011 Policy.................................................. 23

ITEM 13    POLICY DATABASE - PROMOTIONAL SIGNAGE WITHIN THE CABONNE COUNCIL AREA..................................................................................................... 24

ITEM 14    Manildra Library........................................................................ 25

ITEM 15    LOCAL GOVERNMENT WEEK DESIGN A POSTCARD COMPETITION  26

ITEM 16    COMMUNITY SERVICES COMMITTEE MEETING...................... 27

ITEM 17    ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 28

ITEM 18    Decommissioning of underground petroleum storage systems (UPSS)     28

ITEM 19    Canowindra Caravan Park- Electrical Works....... 29

ITEM 20    WORKS COMMITTEE MEETING MINUTES.................................. 30

ITEM 21    CWBC IWCM Strategic Study October update.......... 30

ITEM 22    Rural Fire Service - Communications Site Rental Charges         31

ITEM 23    FUNDING APPROVAL FOR MANILDRA SEWERAGE SCHEME 32

ITEM 24    Acquisition of a Portion of Lot 4 DP846004 being for road realignment along Edinboro Lane near Cargo........................ 34

ITEM 25    Molong Historical Society.................................................. 35

ITEM 26    Cleaning costs at Molong Hall....................................... 36

ITEM 27    New Policy - Gathering Information - a Risk management Policy                   37

ITEM 28    REQUEST FOR REFUND OF DEVELOPMENT APPLICATION FEES       38

ITEM 29    JOINT REGIONAL PLANNING PANEL - DELEGATIONS TO THE GENERAL MANAGER............................................................................................................... 39

ITEM 30    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING                   40

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 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      MOLONG GELATO FACTORY - FLOOR DRAINAGE

(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 4      Canowindra Retirement Village Project

(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 5      Request for Consideration of Water Consumption Charges - Account 911.71000.2

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

ITEM 6      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

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

ITEM 7      Canowindra Pool, Managment and Operation

(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 8      Molong Limestone Quarry - Client/Sales

(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 9      Local Purchase of Goods

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

ITEM 10    TENDERS FOR DESIGN AND CONSTRUCTION OF BRIDGE OVER DOUGLAS' CREEK ALONG NANGAR RD

(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 11    Plant Replacement

Procedural

ITEM 12    LAND DEVELOPMENT SUB COMMITTEE MEETING

(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 - Ordinary Council Meeting 18 October 2010 42

ANNEXURE 5.2      Minutes - Extraordinary Meeting - 1 November 2010  68

ANNEXURE 10.1    Draft Grazing Road Reserves Policy..................... 71

ANNEXURE 10.2    Draft Quarries - Reserves for Restoration Policy 74

ANNEXURE 10.3    Draft Leasing Unnecessary Roads - ss153 157 Roads Act 1993 Policy                   76

ANNEXURE 10.4    Draft Molong Community Centre - Hire of Kitchen Equipment Policy                   78

ANNEXURE 10.5    Draft Installation of Hail Cannons policy......... 80

ANNEXURE 10.6    Draft Onsite Waste Water Management Systems Policy 82

ANNEXURE 10.7    Draft Property Signposting Policy........................ 85

ANNEXURE 10.8    Draft Dwarf Walls Policy........................................... 87

ANNEXURE 10.9    Draft Notice of Application to Erect a Building Policy  89

ANNEXURE 10.10  Draft Committee Meetings - Local Traffic Committee policy 93

ANNEXURE 10.11  Draft Occupational Health and Safety Committee - Formation of Policy             95

ANNEXURE 10.12  Draft Occupational Health and Safety Rehabilitation and Workers Compensation Policy................................................................... 98

ANNEXURE 10.13  Draft Risk Management Policy................................. 105

ANNEXURE 10.14  Draft Signs as Remote Supervision Policy......... 109

ANNEXURE 10.15  Draft Public Use of Sporting Fields Policy...... 112

ANNEXURE 10.16  Draft Dog Control - Canowindra Parks and Oval Policy        114

ANNEXURE 10.17  Draft Council Swimming Pools - No Private Use Policy    116

ANNEXURE 10.18  Draft Managers and Supervisors - Minimum Qualifications Policy                   118

ANNEXURE 10.19  Draft Tree Management Policy............................... 120

ANNEXURE 10.20  Draft Public Water Supplies - Restriction Policy 123

ANNEXURE 12.1    Draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2011 Policy ..................................................................... 125

ANNEXURE 13.1    Promotional Signage within the Cabonne Council Area Policy                                 143

ANNEXURE 14.1    Manildra Memoral Hall Internal Diagram......... 146

ANNEXURE 16.1    Nov-CommServs-rpt.pdf............................................... 147

ANNEXURE 17.1    NOV EDT RPT.pdf................................................................ 150

ANNEXURE 18.1    Underground Tanks (Toms Garage) - Mobile Oil.pdf 154

ANNEXURE 20.1    Nov-Works-rpt.pdf......................................................... 157

ANNEXURE 21.1    CWBC IWCM Strategic Study October up date.. 164

ANNEXURE 21.2    Review of Safe Yield for Molong and Borenore Creek Dam   173

ANNEXURE 22.1    Letter from  Canowindra Branch District Council NSW Farmers Association       196

ANNEXURE 23.1    Offer of Financial Assistance for Manildra Sewer Works    197

ANNEXURE 27.1    Gathering Information - A Risk Management Policy 215

ANNEXURE 27.2    Gathering Information Flow Chart....................... 219

ANNEXURE 30.1    NOV-ENVIRO-RPT.pdf......................................................... 220 

 

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 - 203305

 

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 - 203306

 

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 - 203308

 

General Manager's REPORT

 

A call for Political Donations.

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities 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 - 203310

 

General Manager's REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

 

 

ITEM 5 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Minutes

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

1.  Minutes - Ordinary Council Meeting 18 October 2010

2.  Minutes - Extraordinary Meeting - 1 November 2010    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203312

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.      Minutes of the Ordinary Council meeting held on 18 October  2010

2.      Minutes of the Extraordinary meeting held on 1 November 2010

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 18 October 2010 and the Extraordinary Meeting held on 1 November 2010 be adopted.

 

 

 

ITEM 6 - Questions For Next Meeting

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council Meeting.

Policy Implications

Consistent with Council's Meetings Practice Policy

Budget Implications

Nil

Area of Responsibility

Council Meetings

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202747

 

 

Administration Manager's REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised.

 

 

 

ITEM 7 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

File Number

203316

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 8 - COUNCILLOR INFORMATION SEMINARS - SERIES II

REPORT IN BRIEF

 

Reason For Report

Advising Councillors of upcoming DLG Councillor Information Seminar hosted by Cabonne.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Councillor Professional Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202058

 

General Manager's REPORT

 

The Division of Local Government are holding a second round of Councillor Information Seminars throughout the State in November and December.  All Councillors and General Managers have been invited to attend the seminars which are being provided free of charge.

 

The purpose of the seminars is to explore some key areas of governance which will assist Councillors in performing their duties during the second half of their term.

 

The ½ day sessions are being held in multiple locations across metropolitan and regional NSW.  Following an invitation from the DLG for Councils to express an interest to host a seminar, Cabonne has been chosen to host a seminar on Wednesday 8 December 2010 from 9.30am to 1pm.  As the seminar will attract Councillors from all our neighbouring Councils, the venue will be the Baptist Church Function Centre in Molong where the E Division and Centroc meetings were held earlier this year.

 

The content of the seminars will focus on:

 

·        Getting the most out of the new financial quarterly reports

·        Appointment and oversight of General Managers

·        Conflicts of interest update – “Avoiding the traps”

 

The seminars are focussed on providing key information about current issues and are designed to encourage group discussion and sharing of ideas.

 

Councillors are encouraged to note the date in your diary and attend the seminar in Molong on 8 December.


 

Recommendation

 

THAT Councillors attend the DLG Councillor Information Seminars Series II in Molong on 8 December 2010.

 

 

 

 

ITEM 9 - Presentation of Motions on screen at Council meetings

REPORT IN BRIEF

 

Reason For Report

Requested by Clr Hyde

Policy Implications

Nil

Budget Implications

Yes - subject to Council's determination on which options it wishes to pursue.

Area of Responsibility

Council Meetings

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202849

 

Director of Finance and Corporate Services' REPORT

 

At Council’s October meeting, Clr Hyde asked for a report relating to consideration of displaying the recommendations or motions put to a vote on the screen viewed by the Councillors during Council’s meetings with some provision for the Chair and those sitting alongside to also view same.

 

Technical aspects

Technically the proposal is already achievable in that there is an existing large screen available behind the Chair which the facing Councillors can see and with slight adjustment to the position of the front desks the Chair and others could turn around and view same. This option, however, would make it very difficult for the Mayor to Chair the meeting in an orderly fashion. There is also a potential problem with lighting.  Other options were considered including:

 

#

Option

Considerations

2

An additional screen which could be placed on the partial wall above the dividing partitions

a.         considerable expense

b.         some technical issues to overcome to allow 3 screens to display the same image – i.e. the Minute taker’s computer, the large screen and the additional screen

c.         problems with lighting and readability

3

Individual laptops / screens for the Chair, GM and Directors

a.         awkward due to space constraints

b.         impedes visibility between parties

c.         technical aspects as per the additional screen

d.         necessary cabling adding to the trip factor

Note:  If any of these options are used a skilled typist would be required to attend the meeting and it is anticipated that meeting times will be extended. 

 

Motion Wording

Clr Hyde indicated that his proposal is “… all for the purpose of clarifying the wording of the motion and events leading to a vote and to save time for the minutes taker.”

 

Recommendations for Agenda items are recorded at the end of each Determination report which all participants to the meeting can read. 

 

It should be noted that over the last three months of the 146 Items in the Open and Closed business papers 69 of the eventual Motions were varied from that proposed in the Recommendation with 14 additional Motions being moved: this equates to 57%.  Of the 60 Notation Items, 3 additional Motions resulted for the same period, not including called items for which proceedings in brief were recorded.

 

Confusion arises when Motions are moved from the floor and read out by the proponent.  To allow time to read proposed Motions the Code of Meeting Practice was amended in April 2010 requiring a copy of any Mayoral Minutes be distributed to all Councillors prior to consideration.  Whilst there is no such requirement for a copy of a motion moved from the floor, copies have on occasion been made and distributed for all participants to read. This would need to occur on all future occasions.

 

Notwithstanding, confusion still arises when changes are either negotiated with the Mover and Seconder or if any unwritten/undistributed Amendments are moved.

 

Certainly, if the Motion is on a screen and amended on the screen to the Mover’s and Seconder‘s satisfaction the aforementioned confusion will be overcome.

 

Time Saving – during meetings

Some time may be saved by presenting the recommendations on a screen.  However with the instances of Motions being moved differently from what is recommended in reports being in the order of 57% as noted above there will also be some delays whilst the Motions are typed to satisfaction.

 

It has been noted from other councils’ experience that presenting Motions on the screen can slow down the meeting to the extent where changes are made.  This can be mitigated if:

a)      Councillors ensure they provide staff with copies of their intended motions before the meeting;

b)      Councillors ensure the wording of their motions is consistent with the intent;

c)         The Chair clarifies the Motion before putting same; and

d)      A staff member with excellent keyboard skills is available.

It should be noted that on occasion the wording of Recommendations prepared by staff also needs to be amended.  This is usually highlighted by the General Manager or Directors at the meeting before voting: some are procedural and are simply adjusted.

 

Whilst these are not great in number further time savings could also be achieved if staff ensure the recommendations on reports are correct and can be voted on without correction/amendment.

 

Time Saving – after meetings

The time consuming aspect of preparing Minutes is in the recording of Proceedings In Brief which does not impact on Council meeting time.  Strictly speaking the Local Government Act and Regulation provides what must be included in the Minutes as follows (extract from the Code of Meeting Practice):

 

11.1.2 What matters must be included in the minutes of council meetings?

The Regulation provides that the following matters must be included in the minutes of council meetings —

·        Details of each motion moved at a council meeting and of any amendments (cl.254(a)).

·        The names of the mover and seconder of each motion and amendment (cl.254(b)).

·        Whether each motion and amendment is passed or lost (cl.254(c)).

·        The circumstances and reasons relating to the absence of a quorum together with the names of the councillors present (cl.233(3)).

·        The dissenting vote of a councillor, if requested (cl.251(2)).

·        The names of the councillors who voted for a motion in a division and those who voted against it (cl.251(4)).  Note that a division is always required when a motion for a planning decision is put at a meeting of the council (Section 375A of the Act).

·        A report of the proceedings of the committee of the whole, including any recommendations of the committee (cl.259(3)). (refers to the Closed session)

The Act provides that the following matters must be included in the minutes of council meetings:

·        The grounds for closing part of a meeting to the public (s.10D).

·        The report of a council committee leading to a rescission or alteration motion (s.372(6)).

·        The disclosure to a meeting by a councillor of a pecuniary interest (s.453).

Whilst there is no obligation to record conversation or debate in the ‘open’ Proceeding In Brief, and in a number of councils no longer do, there is a practice at Cabonne to record a summary of same. 

 

It has been previously recommended by the ICAC that where Council resolves contrary to a recommendation on certain technical issues, there should be a record of reason for deviating from the recommendation.

In ‘Closed’ matters the Recommendation will sometimes authorise negotiation of a purchase or sale to an amount recorded in the Confidential ‘Proceeding in Brief’ so as to not lose bargaining power when the Minutes are made public; it is considered necessary to continue recordings such limits.

 

Accuracy of Minutes

Whilst not directly addressed by Clr Hyde’s request, in recent times there has been some concerns raised by some Councillors as to the accuracy of the Minutes and more recently about the accuracy of ‘Proceedings in Brief’. Council may wish to pursue other avenues to address these issues.

 

 

Recommendation

 

THAT Council determine whether it wishes to pursue further any of the listed options or other possible alternatives.

 

 

 

 

ITEM 10 - Policy Database - Summary of Policies Review By Council

REPORT IN BRIEF

 

Reason For Report

Update Council on status of Policy Reviews

Policy Implications

Yes - will update Council's Policy database

Budget Implications

Nil

Area of Responsibility

Policies

Annexures

1.   Draft Grazing Road Reserves Policy

2.   Draft Quarries - Reserves for Restoration Policy

3.   Draft Leasing Unnecessary Roads - ss153 157 Roads Act 1993 Policy

4.   Draft Molong Community Centre - Hire of Kitchen Equipment Policy

5.   Draft Installation of Hail Cannons policy

6.   Draft Onsite Waste Water Management Systems Policy

7.   Draft Property Signposting Policy

8.   Draft Dwarf Walls Policy

9.   Draft Notice of Application to Erect a Building Policy

10. Draft Committee Meetings - Local Traffic Committee policy

11. Draft Occupational Health and Safety Committee - Formation of Policy  

12. Draft Occupational Health and Safety Rehabilitation and Workers Compensation Policy

13. Draft Risk Management Policy

14. Draft Signs as Remote Supervision Policy

15. Draft Public Use of Sporting Fields Policy

16. Draft Dog Control - Canowindra Parks and Oval Policy

17. Draft Council Swimming Pools - No Private Use Policy

18. Draft Managers and Supervisors - Minimum Qualifications Policy

19. Draft Tree Management Policy

20. Draft Public Water Supplies - Restriction Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 195721

 

Administration Manager's REPORT

 

Council at two Policy workshops and at its February 2010 Council Meeting reviewed Council’s Policy database - deleting some; adopting others; and requesting that others be reviewed.  Since that date Council has been receiving reviewed policies for adoption/deletion.

 

A large number of Policies have been updated already.  Below is a list of the remaining policies for Council’s consideration.


Policy Name

Officer to Action – Due Date

Status / Recommendation

Grazing Road Reserves

Reviewed by DETS – updated.

Recommend re-adoption of amended policy.  Copy annexed.

Stock Movement, Molong

Reviewed by DETS - South street, Shannon Street and part of Wellington Street Molong when undeveloped was the nominated stock route.

Due to development along with the recent new RTA bridge through access has been eliminated.

It is recommended this policy be deleted and appropriate signage be erected.  See recommendation.

Quarries – Tuckers and Cummins – Reserve for Restoration

DETS report to Council

DFCS reviewing reserve transfer basis

Retitled to “Quarries – Reserve for Restoration Policy”

Amended to remove reference to Cummins (no longer used) and increase in Tuckers restoration amount from 25cents to $2.15.

Recommend adoption of annexed Draft.

Leasing Unnecessary Roads – ss 153, 157 Roads Act 1993

Reviewed by DETS – Public Liability increased to $20M

Recommend adoption of annexed Draft.

Government Stores and Government Contracts

Reference included in proposal to November Council meeting for draft Procurement policy

Recommend deletion of this policy.

Molong Community Centre – Hire of Kitchen Equipment

Reviewed by DETS – Updated.

Recommend adoption of annexed Draft.

Environmental Flows – Molong Creek

Relates to specific situation in Feb 2003.  Not a policy. 

Recommend deletion.

Installation of Hail Cannons

Reviewed by DES

Recommend re-adoption of policy as is.  Copy annexed

Onsite Sewerage Management Strategy

Reviewed by DES.  Relates to workshop held in 2001. Superseded partially by 4 Town Sewer.

Recommend deletion

Onsite Waste Water Management Systems

Reviewed by DES

Recommend re-adoption of policy as is.  Copy annexed. 

Property Signposting

Reviewed by DETS Policy amended.

Recommend re-adoption of amended policy.  Copy annexed.

Dwarf Walls

Reviewed by DES - implications for flood liable land covered by DCPs

Recommend re-adoption of policy as is.  Copy annexed.

Notice of Application to erect a building

Reviewed by DES

Recommend re-adoption. Copy annexed.

Committee Meetings - Local Traffic Committee

Reviewed by Director of Engineering & Technical Services. Updated.

Recommend re-adoption of amended policy.  Copy annexed.

Occupational Health and Safety Committee - Formation of

Reviewed by RMO

See annexed Draft policy – recommend Adoption.

Occupational Health and Safety Rehabilitation and Workers Compensation

Reviewed by RMO

See annexed Draft policy – recommend Adoption.

Risk Management

Reviewed by RMO

See annexed Draft policy – recommend Adoption.

Goods - Preference for Purchasing Australian

Reference included in proposal to November Council meeting for draft Procurement (including local preference) policy

 

Recommend deletion of this policy.

Procurement (including Local Preference) Policy

DFCS

Request for inclusions in draft policy to November Council.  See separate report.

Signs as Remote Supervision

Reviewed by RMO - amended

See annexed Draft policy – recommend Adoption.

Public Use of Sporting Fields

Reviewed by DETS - updated

See annexed Draft policy – recommend Adoption.

Dog Control – Canowindra Parks and Oval Policy

Reviewed, no changes made.

It is recommended this policy be readopted. Copy annexed.

Pioneer Park, Eugowra

 

Relates to consumption of alcohol.  Alcohol free limitations set by Order not by policy.

Recommend Deletion

Cumnock Swimming Pool - Private Use

Reviewed by DETS - amended.  All Council pools should not be closed to the public for private functions.

Retitled to “Council Swimming Pools – No Private Use Policy”

It is recommended this amended policy be adopted. Copy annexed.

Managers and Supervisors - Minimum Qualifications

Reviewed by DETS – qualifications updated

See annexed Draft policy – recommend Adoption

Tree Management

Reviewed by DETS – Updated to generalise Electricity supplier

See annexed Draft policy – recommend Adoption.

Public Water Supplies - Restriction

Reviewed by DETS – Updated

See annexed Draft policy – recommend Adoption.

 

 

Recommendation

 

THAT Council:

1.      Retain all policies recommended for retention in the report.

2.      Delete all polices recommended for deletion in the report.

3.      Advise the Cumnock Swimming Pool Committee that Council will not allow the practice (by pool supervisors) of hiring out its public swimming pools for private parties.

4.      Erect appropriate signs (Stock Route Closed) at the junctions of South Street with Main Road 359 and Watson Street with Wellington Street Molong.

 

 

 

ITEM 11 - POLICY DATABASE - PROCUREMENT (Including Local Preference) POLICY

REPORT IN BRIEF

 

Reason For Report

For Council to determine inclusions for a Draft Procurement (Including Local Preference) Policy

Policy Implications

Yes - will lead into Council's Policy

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil - 198730

 


Administration Manager's REPORT

 

Council staff have been developing on an updated procurement policy as a WBC Alliance project since the adoption of the DLG Tendering Guidelines for NSW Local Government at its November 2009 meeting. 

 

Local Preference

Council received a report in relation to this matter at its May 2010 Council meeting at which it confirmed that it wished the Procurement Policy to contain a ‘Local Preference’ aspect. 

Accordingly the preface to the local preference aspect of the policy may read:

Council is committed to supporting the local economy and enhancing the capabilities of local business and industry.  This objective of this policy provision is to create a framework that ensures Council gives due consideration to the actual and potential benefits to the local economy of sourcing goods and services locally where possible, whilst maintaining a value for money approach at all times.

 

Locally sourced goods and services will be used where price, performance, quality, suitability and other evaluation criteria are comparable with non-locally sourced goods and services.

 

By making a provision for including “Local Benefit” as a factor in determining its procurement Council is actively encouraging and promoting business and industry within the Cabonne Council LGA without conferring an improper advantage or breaching the Trade Practices Act.

WBC Alliance view

At that meeting Council also resolved that Council seek comment from the WBC Alliance Councils as to a definition of “local” (that is each LGA or the WBC area) and as to the % that may be applied.

A request for comment from the WBC Alliance Councils was duly made and the only response was from Blayney Council who suggested for the purposes of writing the policy that each Council define its own local area and % to be applied. 

Blayney prefers an approach that ‘all factors being equal’ then preference be given to a “local” supplier rather than a specific dollar value % concession.  That is, when a local supplier submits a tender or quotation which is, on balance, better than or equal to that of a non-local supplier then preference will be given to the local supplier. 

Cabonne staff are of a similar view: an assessment provided by Council’s Design Manager showed the possible additional cost to a project by making Local Benefit a non performance based criteria for assessing tenders. 

It should be noted that the ICAC has previously published (http://www.icac.nsw.gov.au/dmdocuments/pub2_9cp.htm) its findings into research it undertook into Local Preference practices/policies by Local Government.  Whilst it acknowledged councils have the right to encourage economic and social development by giving local preference the report urged councils to:

a.           Be precise about the local preference rule, and include it in tender documentation;

b.           Monitor the cost of the policy, including adverse impact on competitiveness: and

c.           Consider whether there may be more effective and better-targeted ways to encourage local industry and employment.

The study also noted that in some case the actual cost exceeded the purported % “cushion” given to local suppliers.

Funding Local Preference from Economic Development Vote

Another aspect to be reported on following the May meeting was THAT Council:

 “3.  Receive a further report in relation to funding any additional costs incurred due to local preference from an Economic Development Vote…

That is, if a project would cost $100,000 and Council allowed say10% for local preference, the additional $10,000 needed to award the purchase to a local supplier should be funded for Economic Development not added to the cost of the job.  Whilst Council may wish to support Economic Development there is no budget provision to make a % concession in dollar terms at this time.

Policy Document

In an oversimplified summary for the purpose of allowing a Draft policy to be submitted, Council is requested to endorse whether the following approach is acceptable.

1.         Whenever an existing State Government, Local Government Procurement, CENTROC or WBC Alliance contract is in place it shall be used in the first instance unless approval is given by Council to go to Tender.

2.         Purchasing by way of quotes, tendering, etc must be in accord with the DLG and WBC Tendering Guidelines which will provide delegation limits for each type of acquisition e.g.

Value of Goods and Services (GST Incl)

Quotation(s) / process required

Up to $1,000

1 verbal quote

$1,001 to $5,000

3 verbal quotes

$5,001 to $20,000

3 written quotes

$20,001 to $150,000

Request For Quotation (RFQ) advertisement in paper required – treat similar to Tender

$150,001 and above

Full Tender process to be followed

 

3.         Include a requirement that Council require that all tenders be by open tender unless a report has been prepared on the benefits of an alternative tendering method and approved by Council (previous policy refers).

4.         Include a comment relating to Sustainability considerations.

5.         Include a comment relating to a preference to purchasing Australian made goods (previous policy refers).

6.         Local preference will be applicable to Tenders ($150,001 and over) in that when 2 suppliers provide a product or service of equal quality, etc and at the same price then the local supplier will be awarded the tender.

7.         Local preference could be applicable to purchases less then $20,000 in that:

a.         A provision may be included for local suppliers to be used in circumstances when the product/service may be available outside the LGA but the local is the same cost (or cheaper) when the cost of travel (whether charged by the supplier or incurred by the staff member having to travel to collect a product for example) is factored in.

For example, if an item costs $1,050 from a Cabonne LGA store and $1,030 from an Orange store if the item is urgent and world require courier delivery or staff collection at a cost of say $20 or more then the local supplier is to be used.

Items purchased at these retail supply outlets negates the necessity to travel longer distances to larger retail stores and therefore improves efficiencies and keeps costs to a minimum.

b.         Additionally a provision may be included for purchases under $20,000 that at least 1 quote must be from a local supplier (where available).

8.         Local preference could be also specifically address purchases less then $1,000 (or other smaller amount determined by Council) with a provision that in such cases the local supplier is to be used (where available).

9.         That “local supplier” be defined as each individual WBC council’s Local Government Area.

10.      To assist local industry and local economic development, Council will:

a.         Encourage a ‘buy local’ culture within the Council;

b.         Disseminate contract and tender information to local industry, in a manner deemed appropriate;

c.         Ensure that buying practices, procedures and specifications do not disadvantage local suppliers and ensure transparency in quotation, tendering and contract management practices; and

d.         Encourage local businesses to promote their goods and services to Council.


 

Recommendation

 

THAT Council:

1.           Determine inclusion of the suggestions noted in the report that it wishes included in the Draft Council’s Procurement (including Local Preference) Policy.

2.           Receive a further report for adoption of the Procurement (including Local Preference) Policy once finalised.

 

 

 

ITEM 12 - THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2011 Policy

REPORT IN BRIEF

 

Reason For Report

Councils are required to review their Councillor expenses and facilities policies on an annual basis.

Policy Implications

Once adopted this policy will replace the existing Policy.

Budget Implications

Nil

Area of Responsibility

Governance / Policy / Councillors

Annexures

1.  Draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2011 Policy     

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 201320

 

Administration Manager's REPORT

 

Council at its September 2010 meeting resolved (in part):

 

THAT Council:

2.                Endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2011 Policy including limits for expenses listed.

4.                In accordance with the provisions of the Local Government Act 1993, advertise the proposed changes to Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy.

5.                Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2011 Policy.

The Draft Policy was advertised inviting submissions until 5.00pm on 26 October 2010: no submissions were received.

 

Council is now required to adopt its policy.  Within 28 days of adopting such a policy a copy is to be submitted to the Division of Local Government.

 

 

Recommendation

 

THAT Council adopt the annexed Payment of Expenses & Provision of Facilities for Mayor and Councillors (2011) Policy and forward a copy to the Division of Local Government.

 

 

 

ITEM 13 - POLICY DATABASE - PROMOTIONAL SIGNAGE WITHIN THE CABONNE COUNCIL AREA

REPORT IN BRIEF

 

Reason For Report

To advise Council that the policy has been reviewed and is recommended to be retained

Policy Implications

Yes- the policy will be retained within Council's Policy Database

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

1.  Promotional Signage within the Cabonne Council Area Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202472

 

Administration Manager's REPORT

 

This Policy after having been reviewed was reported to the October Council meeting with a recommendation that it be retained. 

 

It was noted that the policy should be further reviewed as part of the preparation of the Council’s comprehensive Development Control Plan to accompany the Standard Instrument Local Environmental Plan.

 

At the October Council meeting it was resolved that it be resubmitted to the November Council meeting with a copy of the Policy annexed - which is hereby provided.

 

 

Recommendation

 

THAT Council retain the Signs policy ‘Promotional signage within the Cabonne Council area’ within its policy database.

 

 

 

 

ITEM 14 - Manildra Library

REPORT IN BRIEF

 

Reason For Report

Possible relocation of Manildra library

Policy Implications

Nil

Budget Implications

Yes - subject to Council decision.  $50,000 previously included in budget.

Area of Responsibility

Libraries

Annexures

1.  Manildra Memoral Hall Internal Diagram    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202718

 

Administration Manager's REPORT

 

Council received a report to its September meeting at which it resolved, inter alia, THAT:

 

3. Council receive a further report once the Craft Cottage Committee advises if it wishes to jointly consider relocating its operations to the Soldiers Memorial Hall together with the Library.

 

Council has now received advice from the Manildra Craft Cottage Committee that the proposal to relocate together with the Library into the Memorial Hall is acceptable to the Committee. 

 

The Craft Cottage Committee, have also indicated it would appreciate further discussion with Cabonne Council if this proposal becomes a reality.  It should be noted that at the onsite meeting Clr Farr flagged that the Craft Cottage would be expected to contribute some rent as would the Library.

 

An advertisement was placed in the October edition of Manildra Matters, copy annexed, providing a sketch of the proposal and inviting suggestions and comments.  Verbal advice was received that there is to be a public meeting on 10 November 2010 and a petition is being circulated which will be submitted to Council.

 

It should be noted the Library Officer and the Manager of Central West Libraries are also supportive of the move.

 

The current Library premises measure approximately 5.5m x 3.7m which offers very limited space for both patrons and staff notwithstanding limited number of resources able to be housed in such a small space.  The proposed premises will be 7.2m x 5m which will allow for a wider variety of resources to be available along with a more patron friendly space.

 

Without pre-empting the outcome, Council’s Engineering Design, Environmental Services staff and Council’s Heritage Advisor have been consulted with a view to fast tracking the relocation should approval be given.

 

Council’s Design Manager has indicated that the internal fit out could at least be commenced from available funds. 

As the public meeting will be held after this report is written perhaps the local Councillors could advise of the majority community view and advise Council whether the relocation should proceed.

 

 

Recommendation

 

THAT:

1.      Subject to advice from local Councillors as to the majority community view Council determine whether the Manildra Library should be relocated to the Manildra Soldiers Memorial Hall and endorse submission of a Development Application for change of use.

2.      Subject to 1. Council receive a further report relating to Heritage advice, costings for the internal fitout and identification of funding for same for approval.

3.      Council note that the Hall Committee (a s355 Committee of Council) is proposing to offer the Craft Cottage Committee an opportunity to be a Tenant at the Manildra Soldiers Memorial Hall, subject to advice from local Councillors as to the majority community view.

4.      Council note that subject to points 1. and 3. further discussion, include determination of rent, will be undertaken between the Manildra Hall Committee and the Manildra Craft Cottage Committee.

5.      Subject to Council’s determination, a budget provision be made for any rent payable by the Library to the Memorial Hall Committee.

 

 

 

ITEM 15 - LOCAL GOVERNMENT WEEK DESIGN A POSTCARD COMPETITION

REPORT IN BRIEF

 

Reason For Report

For Council to deterrmine the competition winners.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Local Government Week

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 198953

 

Administration Officer's REPORT

 

As part of Local Government Week, Council resolved to launch a “Design a Postcard Competition” – What Does Cabonne Mean to Me? which commenced on the 2 August, 2010.  Media Releases were organised, letters were sent out to schools and details of the competition were put on Council’s website and for display in Council offices and local Libraries. 

 

A second media release was organised for 16 September 2010 and a reminder letter was sent to schools in October reminding school students about the competition and informing them that closing date for entries is 29 October 2010 with winners being announced on 16 November 2010.

 

 

Recommendation

 

THAT Council appoint 2 Councillors to determine the winners of the Design a Postcard Competition.

 

 

 

 

ITEM 16 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

File Number

203317

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  Nov-CommServs-rpt.pdf    

 

Community Services Manager's REPORT

 

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

 

 

Recommendation

 

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

 

 

 

 

ITEM 17 - 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.  NOV EDT RPT.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203318

 

Economic Development Manager's REPORT

 

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

 

 

Recommendation

 

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

 

 

 

ITEM 18 - Decommissioning of underground petroleum storage systems (UPSS)

REPORT IN BRIEF

 

Reason For Report

Advising Council of its alledged obligation to decommission UPSS as an owner.

Policy Implications

nil

Budget Implications

Yes - cost to decommission

Area of Responsibility

Council property

Annexures

1.  Underground Tanks (Toms Garage) - Mobile Oil.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202114

 

Director of Engineering and Technical Services' REPORT

Council received notice from Mobil Oil Australia P/L that the property recently acquired by Council, Lot B DP 962957, Derowie Street Manildra known as Tom’s Garage has underground petroleum storage tanks that form part of the property. These tanks are located under the footpath in Derowie Street.

The notice states, “It is Mobil’s view that the underground tanks at the above site are fixtures, title to which rests with the landowner. Accordingly, please find attached for your records a formal notification of tank ownership in relation to the above mentioned property.”

If this is verified, Council has obligation under the OH&S Regulations and Protection of the Environment Operations (UPSS) Regulation 2008 to decommission the tanks. Decommissioning is a costly and involved exercise and may require the removal of the tanks. For example the cost to remove the UPSS at the Orange Depot is approximately $10,000.

It is recommended that Council seek legal advice on the notice received from Mobil as it appears to conflict with the relevant legislation.   

 

Recommendation

THAT Council seek legal advice regarding Council’s liability for the UPSS referred to in letter from Mobil.

 

 

 

ITEM 19 - Canowindra Caravan Park- Electrical Works

REPORT IN BRIEF

 

Reason For Report

Advise Council of the cost of electrical works and approval to carryout works.

Policy Implications

Nil

Budget Implications

Yes - if approved will require deferment of sewerage up grade to 2011/12 budget.

Area of Responsibility

Council Properties

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203086

 

Director of Engineering and Technical Services' REPORT

Council would recall the Canowindra Caravan Park having problems with sewerage and power to many of the powered sites causing the sites to be taken off line. The 2010/11 budget allocated $25,000 for the electrical works and $10,000 for the sewer works.

Quotations received from three contractors have costed the electrical works at between $37,000 and $39,000 to rewire, including new standards. The sites cannot be used until the electrical works have been undertaken. The sewer system is serviceable however there are problems with chokes and drainage.

It is recommended that the electrical works be carried out as a high priority and the sewer works be deferred for inclusion in the 2011/12 budget estimates. It will be necessary to cost the restoration costs, estimated at $3000 to the caravan park maintenance vote.

 

Recommendation

 

THAT Council carryout the electrical works at the Canowindra Caravan Park and to defer the sewer up grade works to the 2011/12 budget estimates.

 

 

 

ITEM 20 - 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.  Nov-Works-rpt.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203465

 

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 1st November, 2010.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on Monday 1st November 2010 of Cabonne Council be adopted.

 

 

 

 

ITEM 21 - CWBC IWCM Strategic Study October update

REPORT IN BRIEF

 

Reason For Report

Provide Council an update on the CWBC Strategic Study.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water supply

Annexures

1.  CWBC IWCM Strategic Study October up date

2.  Review of Safe Yield for Molong and Borenore Creek Dam    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 201493

 

Director of Engineering and Technical Services' REPORT

Consultants undertaking the CWBC Joint IWCM Strategy have submitted the October progress report. A copy of the report is included in the annexure to this report.

The progress report notes the completion of the Molong water supply secure yield (draft) study. A copy of the yield study is also included in the annexure.

·        Significant points to note in the secure yield study include:

·        The SMEC 2010 study combined yield for Molong and Borenore dams is 318 ML per annum.

·        Applying climate change factors reduces the yield to 230ML/a.

·        1989 DPW estimated yield 520ML/a.

·        1998 DPW estimated yield 285ML/a with an uncertainty range of 250 to 395ML/a. this study also estimated the yield of Borenore Creek dam as 30ML/a with environmental flow requirements in place and 110ML/a without environmental flows.

·        Implementing water saving initiatives, such as pricing, effluent reuse, stormwater harvesting and addressing mains loss can reduce total water demand and therefore the critical Demand/Yield timeline.

The consultants, HydroScience have indicated they would present the results of the study to council and provide comment on other issues in the IWCM Strategy.

 

Recommendation

 

THAT Council:

1.      Note the IWCM Strategy progress report; and

2.      Invite the Consultant to address council on the results of the Molong Water Supply Secure Yield Study.

 

 


ITEM 22 - Rural Fire Service - Communications Site Rental Charges

REPORT IN BRIEF

 

Reason For Report

Seeking Council support for the Canowindra Branch NSW Farmers Association letter to the Premier requesting the site charges be removed and refund rental monies already paid.

Policy Implications

nil

Budget Implications

nil

Area of Responsibility

Emergency Services.

Annexures

1.  Letter from  Canowindra Branch District Council NSW Farmers Association    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203661

 

Director of Engineering and Technical Services' REPORT

 

Council has received a request from the Canowindra Branch/District Council NSW Farmers Association to support their submission to the Premier of NSW to remove rental charges levied by Government Departments on Rural Fire Service communication sites.

 

RFS communications are generally located on high vantage points occupying sites with other utilities.  The rental fees are payable to the land owner or lessee, in many cases this is the Crown.

 

 

 

Recommendation

 

THAT Council supports the letter from the Canowindra branch of the NSW Farmers Association by writing to the NSW Premier to remove the site rental charges for the RFS communication sites and refund of monies already received.

 

 

 

ITEM 23 - FUNDING APPROVAL FOR MANILDRA SEWERAGE SCHEME

REPORT IN BRIEF

 

Reason For Report

To advise Council of the Minister's offer for funding assistance and seek approval to affix Council's Common Seal to the funding document.

Policy Implications

Nil

Budget Implications

Council's contribution towards the project is included in the 2010/2011 Management Plan

Area of Responsibility

Sewerage and Drainage

Annexures

1.  Offer of Financial Assistance for Manildra Sewer Works    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 201683

 

Design Manager's REPORT

Council has received written advice from Minister Phillip Costa in September 2010 regarding the final portion of funding assistance for the Manildra Sewerage Scheme. The letter detailed the Minister’s offer for funding of $666,280, being 60% of the assessed eligible cost of $1,110,463 (excluding GST) for the following works:

·        On-property works including installation of the pressure sewer components, connection to the street reticulation system and connection to the properties existing sewer drainage system. Please note that this work does not include decommissioning of the existing septic tanks nor connection of plumbing fixtures not currently connected to the property's septic tank.

The following works are not included in the Minister’s offer:

Supply of the Pressure Sewer pumps and components. This is subject to a separate offer from the Minister that Council have already resolved to accept at its July 2009 meeting;

·        Design and construction of the Sewerage Treatment Plan (STP) including project management, environmental documentation and land matters. This is subject to a separate offer from the Minister that Council have already resolved to accept at its March 2010 meeting; and

·        Design and construction of the reticulation system and rising main to the STP. This is subject to a separate offer from the Minister that Council has already resolved to accept at its March 2010 meeting.

With the receipt of this advice from the Minster for Water, Council has received the following funding assistance for the Manildra Sewerage Scheme:

 


 



Item

Tendered Amount

($)

Total Funding Assistance Received

(60% of Tendered Amount)

($)

1.       Supply of pressure pumps and pressure sewer components

847,962

508,777

2.       Design and construction of Sewerage Treatment Plant

1,955,604

1,173,362

3.       Design and construction of pressure sewer reticulation system and rising main

1,893,370

1,136,021

4.       Installation of pressure sewerage on-property works

1,110,463

666,280

TOTALS

5,807,399

3,484,440

 

 

Recommendation

THAT Council:

1.      Authorise the affixing of Council's Common Seal to the funding agreement received from the Minister for Water in October 2010 for the Manildra Sewerage Scheme; and

2.      Write to the Minister for Water thanking him and his Department for their assistance with the project.

 

 

 

ITEM 24 - Acquisition of a Portion of Lot 4 DP846004 being for road realignment along Edinboro Lane near Cargo

REPORT IN BRIEF

 

Reason For Report

To acquire a Portion of Lot 4 DP846004 for road realignment purposes as part of the construction of a culvert crossing over Canomodine Creek

Policy Implications

Nil

Budget Implications

Funding available in the 2009/10 Management Plan

Area of Responsibility

 Roads and Bridges

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203430

 

Design Manager's REPORT

 

As part of the construction of the culvert over Canomodine Creek along Edinboro Lane Council have realigned a section of Edinboro Lane just north of the culvert. This realignment was required to increase the safety of road users along Edinboro Lane. This realignment affects Lot 4 DP846004 and involves the acquisition of approximately 0.2 hectares of land for the purpose of road realignment. The owner of Lot 4 DP846004 has agreed to the acquisition of the land on the following conditions:

 

·        A purchase price of $1500.00 +GST. This is based on the base value for the land in question;

·        Council pay all associated costs including surveying costs and legal fees;

·        Council pay for all new fencing required for the realignment.

 

It is noted that these conditions are standard for road realignment matters relating to road improvements.

 

 

Recommendation

 

THAT:

1.           Council accept the purchase price of $1500.00 +GST for the portion of lot4 DP846004 required for road realignment purposes;

2.           Authorise the affixing of the common seal to the transfer document for purchase of the portion of Lot4 DP846004 required for road realignment purposes;

3.           Council pay all associated costs including fencing, surveying costs and legal costs.

 

 

 

ITEM 25 - Molong Historical Society

REPORT IN BRIEF

 

Reason For Report

Society is seeking funding from Council

Policy Implications

No policy implications

Budget Implications

Funding is sought from CIP grant funds

Area of Responsibility

Urban Assets Coordinator

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202567

 

Urban Assets Coordinator's REPORT

 

Council has recently received a request from the Molong Historical Society for a grant of $2,000 for outdoor furniture.

 

The Historical Society has requested the funding from Council’s CIP grant funding but has not submitted a formal CIP application.  The outdoor furniture is to be installed in the grounds of the Molong Historical Society property at 20 Riddell Street, Molong.

 

These grounds are not Council owned or controlled and so the request does not comply with the stated CIP guidelines. Therefore it is recommended that the request is not approved.

 

 

Recommendation

 

THAT Council does not approve $2,000 CIP funding to the Molong Historical Society.

 

 

 

 

ITEM 26 - Cleaning costs at Molong Hall

REPORT IN BRIEF

 

Reason For Report

Contractor seeks an increase in fee payments

Policy Implications

Nil

Budget Implications

Increase in hall maintenace budgets

Area of Responsibility

Council Properties

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203225

 

Urban Assets Coordinator's REPORT

Council’s cleaning contractor for the Molong Hall is being paid $14 per hour which has remained unchanged for approximately ten years. The contractor now seeks an increase of $8 per hour to $22 per hour.

$8 per hour represents a 60% increase over ten years. The cleaning cost for the Molong Hall for 2009/2010 was $2113. A 60% increase would represent an increase of $1267 which would have to be absorbed by the Cabonne halls work and maintenance budget which currently stands at $46,852.

Calculating $14 at 3% average CPI over ten years produces $18.81. This could be rounded off to $20 per hour allowing for extra CPI variations. This is an increase of 43% over ten years which would be an increase of $845 to the annual halls maintenance budget.

This is considered to be a reasonable increase and could be absorbed by the available budget.

 

 

Recommendation

 

THAT Council approve an increase of $6 per hour to raise the hourly cleaning rate to $20 for the Molong Hall and that this amount be offered to the contractor.

 

 

 

 

ITEM 27 - New Policy - Gathering Information - a Risk management Policy

REPORT IN BRIEF

 

Reason For Report

From time to time, Council is exposed to potential litigation from incidents resulting in either a Public Liability or Professional Indemnity claim. The attached Policy and Flow Chart outlines Council's procedure for dealing with these claims.

Policy Implications

A new Policy has been written.

Budget Implications

Nil

Area of Responsibility

Director Finance and Corporate Services - Risk Management Officer.

Annexures

1.  Gathering Information - A Risk Management Policy

2.  Gathering Information Flow Chart    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 202959

 

Risk Management Officer's REPORT

 

Council’s Public Liability Insurer requires incidents that may result in a claim to be investigated and all information pertaining to the incident be provided to the insurer (and the Account Manager). The attached Gathering Information Policy and Flow Chart outlines the method in which Council will investigate the incident with regard to staff availability, budgetary constraints and the need for adequate incident information.

 

 

 

Recommendation

 

THAT the Gathering Information Policy be approved.

 

 

 

ITEM 28 - REQUEST FOR REFUND OF DEVELOPMENT APPLICATION FEES

REPORT IN BRIEF

 

Reason For Report

For Council to determine whether development application fees should be refunded

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203354

 

Director of Environmental Services' REPORT

 

Council has received a request from Colour City Dragon Boat Club for a refund of fees associated with lodgement of a development application for alterations and additions to a facility at Lake Canobolas to enable storage of the club’s dragon boats. The application was for the installation of a roof and a yard to enable secure/all weather protection of the boats. Approval has been granted under delegation to the proposal.

 

Colour City Dragon Boat Club is a non-profit organistation and is in its establishment phase as an active local club. The club seeks Council support to reimburse the club an amount equivalent to the $459.15 development application fee, and indicates that the funds would then be allocated to the training of additional coaches and sweeps (steermen) which in turn will allow the club to meet the growing interest of the community in dragon boat racing.

 

The Council has been supportive of the club in its endeavours to establish itself and to develop its base at Lake Canobolas. Council has previously supported non-profit community groups by donating funds equivalent to submitted development application fees. It is suggested that Council consider supporting the request made by Pearl Butcher, President of the Colour City Dragon Boat Club.

 

 

Recommendation

 

THAT Council support the request made by the Colour City Dragon Boat Club and donate $459.15 to the club, this amount being equal to the amount paid by the club to lodge a development application for installation of a roof over a storage area at Lake Canobolas to enable all weather protection of the club’s dragon boats.

 

 

 

ITEM 29 - JOINT REGIONAL PLANNING PANEL - DELEGATIONS TO THE GENERAL MANAGER

REPORT IN BRIEF

 

Reason For Report

Seeking power of Delegation to General Manager

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

 

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203362

 

Director of Environmental Services' REPORT

 

A report was presented to the June 2010 Council meeting outlining the Department of Planning review of the role and function of its Joint Regional Planning Panels and the proposal to delegate certain responsibilities back to Local Government under delegations to the General Manager. The delegations included matters such as the determination of modification applications to certain developments previously approved by the panel.

 

Council resolved to confer the delegations to the General Manager. Further advice has been received from the Department of Planning that the delegations from the State are to be formalised shortly.

 

To enable the delegation function to be utilised, Council will need to reaffirm its previous decision and vary its Council Delegation policy to extend the power of delegation to the General Manager to determine the following types of application:-

·        Application referred by Joint Regional Planning Panel where no objections to the development have been received.

·        Designated development with a capital investment value of up to $5 million.

·        Applications within certain precincts where detailed planning has occurred, and the Department of Planning has endorsed such delegation.

 

For major projects outside the above delegations the Joint Regional Planning Panel will remain the consent authority. The Council through its Environmental Services & Sustainability Committee has previously nominated the Chair of the Committee and the General Manager as the two Council representatives to the Cabonne Local Government Area Joint Regional Planning Panel, with Councillor Farr as an alternate delegate. With the recent election of Councillor Farr to the role of chair of the Environmental Services & Sustainability Committee may cause Council to consider the appointment of a new alternative delegate to the Joint Regional Planning Panel.

 

 

 

Recommendation

 

THAT:

1.           Council grant power of delegation to the General Manager in accordance with the Instrument of delegation approved by the Minister for Planning on 27 September 2010 to determine the following types of applications:-

·        Major development application submitted to the Cabonne Local Government Area Joint Regional Planning Panel, where no objections have been received.

·        Designated development with a capital investment value up to $5 million.

·        Applications within certain precincts where detailed planning has occurred, and the Department of Planning has endorsed such delegation.

          2. An alternate Councillor delegate be nominated to represent Cabonne         on the Joint Regional Planning Panel.

 

 

 

 

 

ITEM 30 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Environmental Services Committee recommendations and noting of motions carried

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexure

1.  NOV-ENVIRO-RPT.pdf    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2010 - 203616

 

 Director of Environmental Services' REPORT

 

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

 

 

Recommendation

 

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

 

 

   


Item 5 Ordinary Meeting 15 November 2010

Item 5 - Annexure 1

 



























Item 5 Ordinary Meeting 15 November 2010

Item 5 - Annexure 2

 




Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 1

 

Draft Grazing Road Reserves

Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Director of Engineering & Technical Services

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

Tba

2 Summary

To provide an effective management process to permit safe sustainable grazing use of Council’s owned Road Reserves.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

92/06/44

 

15/06/92

93/7/110-3

 

19/07/93

2/7/27

 

15/07/02

06/08/20-8

 

07/08/06

 

Reviewed November 2010 – updated name of Government authority.

 

 


 

4 Reason

Maximise Road User Safety and protect the Road Asset and Environment.

5 Scope

Complete Cabonne Council’s owned Road Reserve Network.

6 Associated Legislation

Rural Lands Protection Act 2008 Regulations

Rural Lands Protection (General) Regulation 2001

Stock and Diseases Act 1923

Roads Act 1993

Rural Lands Protection Board Drovers Code of Conduct

7 Definitions

 

8 Responsibilities

8.1 GM

Authorise “Concurrence Permit” to Livestock Health and Pest Authority to issue “Grazing Permit”.

8.2 Directors and Managers

Monitor issued permit sites.

8.3 Supervisors

Report observed hazardous grazing.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

The policy document for Grazing Stock on Council owned road reserves be adopted as Cabonne’s policy.

Policy for the Grazing of Stock on Council Owned Road Reserves

In accordance with the Roads Act 1993, Section 5, paragraph 1; ‘a member of the public is entitled, as of right, to pass along a public road (whether on food, in a vehicle or otherwise) and to drive stock or other animals along the public road’.

In order for Council to allow the grazing of livestock alongside its road/s, the following conditions must be adhered to;

1.         The applicant must obtain, from the Livestock Health and Pest Authority, a permit for “roadside grazing” issued in accordance with section 101 of the Rural Lands Protections Act 1998;

2.         Whilst within the road reserve stock must be supervised at all times by a responsible person;

3.         Stock may only be grazed within the road reserve during daylight hours only i.e. between sunrise and sunset. Stock must be paddocked outside of these hours;

4.         Stock must be kept off the formed section of the road at all times unless the stock are purposely being transferred from one side of the road to the other;

5.         The owner of the stock must provide, to the LHPA, documentary evidence of and maintain Public Liability Insurance to the value of $20 million with Council named as an interested party;

6.         Council has the right to recover costs from the permit holder for any damage incurred to the road asset or road furniture. For example, damage to recently completed roadworks, guideposts, signs etc;

7.         Council will not be held liable for any damage to person or property as a result of any incident occurring while the stock are in the road reserve and the permit holder must accept all risks associated with the stock being in the road reserve;

8.         Unless prior approval has been obtained from council the maximum length of road covered my the “mob” under the permit is 1 kilometre.

9.         The applicant shall determine any grazing hazards and will bear the potential risks of such hazards to the stock. For example any chemicals used and any withholding period on the proposed grazing area;

10.       All consideration is given to the travelling public in that signage must be erected according to an approved Traffic Control Plan (TCP) designed in accordance with the RTA Traffic at Worksites Manual.

11.       The permit holder must be in compliance with the following:

a.                     Rural Lands Protection Act 2008 Regulations

b.                     Rural Lands Protection (General) Regulation 2001

c.                     Stock and Diseases Act 1923

d.                     Roads Act 1993

e.                     Rural Lands Protection Board Drovers Code of Conduct


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 2

 

Draft Quarries – Reserve for

Restoration Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Operations Manager

Owner

(Relevant director)

Director of Engineering & Technical Services 

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council election

Minute number
(once adopted by Council)

tba

2 Summary

Provides the basis for determining the amount to be set aside for the restoration of gravel pits.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services 

 

 

3 History

Minute No.

Summary of Changes

New Version Date

5971A30

Tucker’s and Cummins Quarries

17/06/85

93/7/110-3

(increased to 25c/m3) in addition to the application of this formula to 1985 and subsequent years, this formula be applied to 1984 production and recouped in 1985.

19/07/93

 

Updated to reflect Closure of Cummins Quarry (owned by Cabonne Council) and increase in rate for Tucker’s from 25 cents to $2.15 and inclusion of other quarries.  Provides for any other privately owned quarry which Council may enter into an agreement with.

 


 

4 Reason

To annually set aside a Reserve of funds for the restoration of any Council owned/used “gravel pit”.

5 Scope

Applies to Tuckers Quarry owned by Council and any other privately owned quarries which council enters into an agreement to use.

6 Associated Legislation

In accordance with Councils’ DA consents.

Mine Health and Safety Act 2004

Mine Health and Safety Regulation 2007

7 Definitions

CPI – Consumer Price Index utilised by Council in increasing its Fees & Charges.

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Tuckers Quarry

That the annual transfer to the reserve for the restoration of gravel pits be a variable sum calculated at $2.15 per m3 (2010/11), subject to annual CPI increases.

 

All other quarries

That an amount be set aside annually for restoration of each gravel pit based on amount per m3 at a rate of $2.15 per m3 (2010/11) subject to annual CPI increases.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 3

 

Draft Leasing Unnecessary Roads

Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Director of Engineering & Technical Services

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Reviewed – draft to November

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Addresses leasing of unnecessary roads.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

7603/1

 

21/04/87

91/10/12

 

21/10/91

92/11/79 & 91/11/80

Amending (5)

18/11/91

93/7/110-3

 

19/07/93

93/11/2

New Act Provisions

01/11/93

 

Revised October 2010 – Public Liability cover increased to $20M.  Roads are not subject to Operational/community property implications (reference deleted).

 

 


 

4 Reason

Land Management Private use of unnecessary road reserves is good land management and reduces Council’s Maintenance costs.

5 Scope

Throughout Cabonne LGA

6 Associated Legislation

Roads Act 1993.

7 Definitions

LGA – Local Government Area

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

THAT:

i.                Road leasing be considered individually in accordance with ss 153 and 157 Roads Act 1993 after receiving a report from the Director of Engineering and Technical Services.

ii.               A minimum rental per annum applies unless otherwise determined by Council.  This rental is detailed in Council's Fees and Charges.

iii.              A standard form of lease document be prepared for each contract.

iv.              Lessees of unnecessary roads be required to produce a Certificate of Currency for Public Liability Insurance on which the interest of Cabonne Council is noted and allowed.  The minimum amount of Public Liability cover required be $20,000,000.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 4

 

Draft Molong Community Centre –

Hire of Kitchen Equipment Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Prohibits hire out of kitchen equipment from the Molong Community Centre.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

98/10/35

 

19/10/98

 

Reviewed by Director of Engineering & Technical Services  November 2010

 

 


 

4 Reason

Due to losses in kitchen equipment from the Community Centre.

5 Scope

Applies to private hire of kitchen equipment form the Molong Community Centre.

6 Associated Legislation

 

7 Definitions

 

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Council not hire kitchen equipment from the Molong Community Centre.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 5

 

Draft Installation of Hail Cannons

Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[17/11/86]

Author

Manager Building and Environment

Owner

(Relevant director)

Director of Environmental Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Reviewed October 2010 0 draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

No Council consent is necessary for any application for Hail Cannons, however, the approval of the Council is necessary for the erection of any building for the housing of such equipment

Approvals

Title

Date Approved

Signature

 

 

 

3 History

Minute No.

Summary of Changes

New Version Date

7211

Reviewed by Director of Environmental Services October 2010

17/11/86

 

 

 

 


 

4 Reason

Outline Council’s policy re hail cannons and buildings housing same.

5 Scope

Applies to the whole of the Cabonne Local Government Area

6 Associated Legislation

 

7 Definitions

 

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

No Council consent is necessary for any application for Hail Cannons; however, the approval of the Council is necessary for the erection of any building for the housing of such equipment.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 6

 

Draft Onsite Waste Water

Management Systems Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Director of Environmental Services

Owner

(Relevant director)

Director of Environmental Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Requires all proposed on-site sewerage management system installations be designed by a suitably qualified consultant based on a site specific assessment in role category areas of high and medium, at the applicant’s cost

Approvals

Title

Date Approved

Signature

Director of Environmental Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

98/7/44-19

 

20/07/98

00/07/36

Amendment – “Medium Risk”

17/07/00

 

Reviewed November 2010

 

 


 

4 Reason

Determines if an on-site sewerage management system installations must be be designed by a suitably qualified consultant and provides for Council Health and Building Surveyors to determine if a full geotechnical report is required based on soil type, topography and distance to watercourses for certain lots.

5 Scope

Throughout Cabonne LGA providing for village zones fully committed to commencing sewerage connection be exempt from the inspection process.

6 Associated Legislation

 

7 Definitions

LGA – Local Government Area.

fully committed” - when the village votes to go ahead with the sewerage and Council takes the steps necessary to implement pre-construction rate payments.

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

 

8.4 Employees

 

8.5 Others

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

1.       All proposed on-site sewerage management system installations be designed by a suitably qualified consultant based on a site specific assessment in role category areas of high and medium, at the applicant’s cost.

High Risk:

·        Within unsewered village zones

·        Land area less than 2 hectares

·        Less than 200 metres from a watercourse, lake or water body (water course includes any defined drainage line)

·        Flood prone land

·        Aerated waste water treatment system

·        Defined water catchment protection area

Medium Risk

·        Rural residential (between 2-10 hectares)

·        Aerated waste water treatment system used

·        Any premises with a reticulated water supply not in a high risk category

·        Less than 400m from a water course

·        (Minute No. 00/07/36) that for lots between two (2) and ten (10) hectares, Council Health and Building Surveyors may determine if a full geotechnical report is required based on soil type, topography and distance to watercourses

 

2.       Onsite Waste Water Management Systems Inspections

 

3.       That village zones fully committed to commencing sewerage connection be exempt from the inspection process.  “Committed to” be defined as when the village voted to go ahead with the sewerage and Council takes the steps necessary to implement pre-construction rate payments.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 7

 

Draft Property Signposting Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[18/07/94]

Author

Director of Engineering & Technical Services

Owner

(Relevant director)

Director of Engineering and Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Adopted by Council

Next Review Date

Not Required

Minute number
(once adopted by Council)

94/7/78

2 Summary

Council allows the installation of private property signs on Council signposts subject to certain conditions.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

94/7/78

Reviewed by Director of Engineering & Technical Services

18/07/94

 


 

4 Reason

Prohibit private property signposting on public roads.

Private property signposting redundant due to rural addressing and Rural road naming.

5 Scope

Applies throughout the Cabonne Local Government Area

6 Associated Legislation

Roads Act 1993.

7 Definitions

Private property signposting – refers to any sign erected by other than Council or a Statutory authority or Government department which indicates the direction to a particular property.

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 Others

Property owners obtain approval from the RTA and/or Council to erect private signposting.

 

9 Related Documents

Document Name

Document Location

Promotional Signage within the Cabonne Council Area Policy

Policy database

10 Policy Statement

Council prohibit private property signposting on public roads unless approved by the Roads and Traffic Authority (RTA) or have Council Development Application (DA) approval.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 8

 

Draft Dwarf Walls Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Manager Building and Environment

Owner

(Relevant director)

Director of Environmental Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

All dwellings erected within town or village areas are to have a dwarf wall totally enclosing the sub-floor area.

Approvals

Title

Date Approved

Signature

Director of Environmental Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

99/9/99

Reviewed by Director of Environmental Services

20/09/99

 

 

 

 


 

4 Reason

Details Council’s specifications relating to dwarf wall requirements in specific areas.

5 Scope

Applies to all dwellings erected within town or village areas.

6 Associated Legislation

 

7 Definitions

 

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

All dwellings erected within town or village areas have a dwarf wall totally enclosing the sub-floor area and constructed from material subject to approval by the Director of Environmental Services, generally in accordance with:

a.         All dwelling erected within village or rural 1(c) zones are to be provided with a sub-floor enclosure, totalling enclosing the sub-floor area, constructed from weather resistant materials approved by the building surveyor.  Timber slats and lattice be permitted as sub-floor enclosing materials only in areas other than village or rural 1(c) zones.

Note:  timber boarding or baseboards may enclose the sub-floor front + two sides in village and 1(c) zones provided masonry, fibro or similar be placed behind the timber boarding.

 

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 9

 

Draft Notice of Application to Erect a Building Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Director of Environmental Services

Owner

(Relevant director)

Director of Environmental Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected or until incorporated into a DCP

Minute number
(once adopted by Council)

98/1/40

2 Summary

Provides details for when Council is required to give notice when Council has received an application to Erect a Building.

Approvals

Title

Date Approved

Signature

Director of Environmental Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

94/6/110

 

20/06/94

96/3/99-6

“road, laneway, railway, stream”

18/03/96

98/1/40

“…. Pathway, driveway, public roadway or laneway and is directly opposite the subject land”

19/01/98

 


 

4 Reason

Council has obligations under the LG Act to notify adjoining land owners of Applications received to erect a building under certain circumstances.

5 Scope

Throughout the Cabonne LGA.

6 Associated Legislation

Local Government Act 1993

7 Definitions

LG Act – Local Government Act 1993

LGA – Local Government Area

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Notice of Application To erect a Building

Preamble

1.               Council is required by virtue of Section 114 (1) of the Local Government Act 1993, to give notice of an application for approval to erect a building to the persons who appear to Council to own the land adjoining the land to which the application applies if, in the Council’s opinion, the enjoyment of the adjoining land may be detrimentally affected by the proposed building after its erection.

In forming its opinion, Council must take into consideration the effect that the proposed building would have, after its erection, on the following:

The view to and the views from the adjoining land.

The overshadowing of the adjoining land.

The privacy of the adjoining land.

The likelihood of the adjoining land being detrimentally affected by noise.

The streetscape.

Any relevant matter in criteria in a local policy adopted by Council under Part 3 of Chapter 7 of the Local Government Act.

2.           Persons to whom notice will be given

a)          Notice will be given to persons who appear to Council to own the land adjoining the land to which the application applies if, in the Council’s opinion, the enjoyment of the adjoining land may be detrimentally affected by the proposed building after its erection.

b)          Council will also give notice of the making of an application for approval to erect a building to persons to whom notice is required to be given under criteria in a local policy adopted by the Council.

c)          Land is considered to adjoin other land if, and only if it abuts that other land or is separate from it only by a pathway, driveway, public road, laneway, railway, stream or similar thoroughfare.

3.           When will notice be given

Notice will be given as soon as practicable after the building application is made to the council and fourteen (14) days before the Council determines the application.

Form of notice

Notice will be given on the prescribed form to this code and will be accompanied by a plan in an approved form showing the height and external configuration of the building in relation to the site on which it is proposed to be erected.

Criteria concerning notice of applications

Council will have regard to all matters stated in Section 114(2) of the Local Government Act 1993, and listed in Preamble, Clause 2 of this Code.

Notice of applications to erect buildings will not be given to persons other than those required to be given notice under Section 114(1) and listed in Preamble, Clause 1 of this Code.

A period of ten (10) days is the period during which a person may inspect a plan relating to an application; and the concurrent period during which submissions concerning an application may be made.

Who may inspect plans

A person may at any time during the ordinary office hours of the Council, inspect, free of charge such plans of a proposed building as show its height and its external configuration in relation to the site on which it is proposed to be erected, whether or not the person has been, or is entitled to be, given notice, under Section114 or 115, or the making of the relevant application for approval to erect the building.

Making and consideration of submissions

A person may make a submission in writing, addressed to the General Manager, concerning an application for approval to erect a building of which notice has been given under Section 114 or 115.

Notice of determination

Council will give notice of the determination of an application to the applicant as soon as practicable after the determination.

This notice may take the form of the release of the approved plan.

In addition to the notice referred to in 1. above Council will also give notice of the determination of an application for approval to erect a building to each person who made a submission.

Notice of application not required in certain cases

Council will not give notice of an application to erect a building in the following cases; that is where:

Notice has been given of the making of a development application, or an application to vary the building line, relating to the same proposal.

The plans of the proposed building showing its height and external configuration in relation to the site on which it is proposed to be erected where available for inspection at the time the notice of the development application, or the application to vary the building line, was given and there has been no significant change to the height and external configuration as shown on those plans.

The owner of adjoining land is one of the persons who made the application for approval to erect the building.

Approval is sought to enclose a verandah under an existing roof.

Minor alterations to a dwelling where its external configuration will not be altered.

Any other building or addition which in the opinion of the Delegated Officer would not detrimentally affect the enjoyment of adjoining or any other land having regard to the criteria detailed in A.2.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 10

 

Draft Committee Meetings – Local

Traffic Committee Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft for readoption

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Outlines the meeting venue and requirements of the local Traffic Committee.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

03/02/29

 

17/02/03

 

Listed associated legislation and changed location of meetings from Molong to Cudal

 

 


 

4 Reason

Recognises the role of the Traffic Committee and its interaction with Community and Council.

5 Scope

Applies to the local Traffic Committee relating to the Cabonne LGA.

6 Associated Legislation

Road Transport (Safety & Traffic Management) Act 1999, RTA Technical Note 2006/07 and Road Transport (General) Act 2005.

7 Definitions

LGA – Local Government Area

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

That:

·        The Local Traffic Committee meetings commence and finish at the Council offices in Cudal, and

·        The operation of the Local Traffic Committee continues to recognise the structure and statutory requirements placed on the Committee together with the dispersed nature of the Cabonne community and the associated constraints placed upon the conduct of the Committee.

Council debates all Traffic Committee matters on a regular Council Meeting Day.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 11

 

Occupational Health and Safety Committee – Formation of Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[19/07/93]

Author

Risk Management Officer

Owner

(Relevant director)

Director Finance and Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Review Completed

Next Review Date

2012

Minute number
(once adopted by Council)

93/7/110-3

2 Summary

Determines membership of Council's Occupational Health and Safety Committee.

Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services 

 

 

3 History

Minute No.

Summary of Changes

New Version Date

4520/3

 

15/08/83

93/7/110-3

Reviewed by RMO October 2010

19/07/93

 


 

4 Reason

The Occupational Health and Safety Act 2000 and associated Regulations identify the need for consultation on OHS matters within an organisation.  For Council to comply, the Cabonne Council Occupational Health and Safety Committee has been formed to address OHS issues in the workplace.

5 Scope

Cabonne Council must identify the Management appointed staff and the representatives of the salaried and wages staff.

6 Associated Legislation

Occupational Health and Safety Act 2000

Occupational Health and Safety Regulation 2001

OHS Consultation Code of Practice 2001

7 Definitions

OHS consultation arrangements – “the requirement imposed by S16 and S17 of the Act with respect to the establishment of an OHS Committee”.

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

Provide employee representatives on the OHS Committee with the necessary time to undertake their OHS duties and attend meetings.

8.4 Employees

Employee representatives actively participate in the consultation process and attend OHS Committee meetings.

9 Related Documents

Document Name

Document Location

Cabonne Council OHS Committee Constitution

 

10 Policy Statement

Council's Occupational Health and Safety Committee shall comprise the Director of Engineering & Technical Services, Manager Operations and the Plant and Depot Coordinator, as well as one (1) indoor staff representative and three (3) wages staff representatives. The Risk Management Officer will prepare Agendas, take Minutes and be the OHS Committee’s liaison officer.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 12

 

Occupational Health and Safety Rehabilitation and Workers Compensation Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[21/01/02]

Author

Risk Management Officer

Owner

(Relevant director)

Director Finance and Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Reviewed October 2010 - draft

Next Review Date

12 months from date of approval

Minute number
(once adopted by Council)

 

2 Summary

Council is required to provide worker’s compensation and a return to work program for injured/ill workers.  Worker’s Compensation ensures that an employee is appropriately paid, and the Return to Work program ensures an early and positive commitment to get the injured/ill employee back to work safely, working towards rehabilitation for a permanent return to pre injury duties.

3 Approvals

Title

Date Approved

Signature

Director Finance and Corporate Services

 

 

4 History

Minute No.

Summary of Changes

New Version Date

02/01/19

Reviewed October 2010

 

 


 

5 Reason

Worker’s Compensation and Return to Work Policy and procedure is required to provide all employees with full access to rehabilitation after an injury, and to assist them to return to pre injury work as soon as possible.

6 Scope

If an employee has a work related injury or illness and need medical treatment at either a hospital or your doctors’, and/or the employee cannot work for a certain period of time because of that injury or illness, then they can claim workers compensation.  This provides for coverage of wages whilst they are unfit for work or are on selected duties.  The Return to Work program provides a means by which the employee is able to return to work under medical supervision until they are deemed fit for pre injury duties.  Worker’s compensation payments are made to permanent, permanent part time, part time and casual employees of Council, but exclude Councillors, volunteers and (generally) contractors.

7 Associated Legislation

Worker’s Compensation Act 1987

Workplace Injury Management and Workers Compensation Act 1998

Occupational Health & Safety Act 2000

Occupational Health and Safety Regulation 2001

8 Definitions

Injury Management Plan - A plan for coordinating and managing those aspects of injury management that concern the treatment, rehabilitation and retraining of an injured worker, for the purpose of achieving a timely, safe and durable return to work for a particular employee

Insurer - Council’s licensed Worker’s Compensation insurance company as defined by New South Wales Workers’ Compensation legislation ie StateCover Mutual Limited.

Nominated Treating Doctor - The doctor nominated by the injured employee to provide and coordinate treatment.

Return To Work Co-ordinator – Trained Council appointed officer responsible for the co-ordination of rehabilitation for injured employees.        

Return to Work Program – A formal Procedure that Council must have in place to help injured/ill workers with their recovery and return to the workplace.      

Rehabilitation Provider - An external organisation appointed by Council or the insurer to provide individual case management to injured employees including the assessment of injured employees, inspection of work sites and re-training where required.

Significant Injury/Illness -  An injury/illness arising out of or in the course of employment where an employee is unlikely to be able to undertake their usual duties and/or normal hours for a continuous period of more than seven days.

Suitable Duties - Those duties selected by Council within the restrictions as prescribed by the Nominated Treating Doctor on a Workcover Medical Certificate. Suitable duties are temporary restrictions and are subject to a review date. Tasks or jobs selected as appropriate for an employee to undertake in order to continue productive employment whilst recovering from injury

9 Responsibilities

9.1 GM

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

9.2 Directors and Managers

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

9.3 Supervisors

Supervisors are responsible for assisting the Return to Work Coordinator in the selection of suitable duties and supervising the injured/ill employee who is working under a Return to Work Plan.

9.4 Employees

Employees who are injured or ill and are on worker’s compensation must cooperate with the employer and comply with the requirements of the Return to Work Plan.

10 Related Documents

Document Name

Document Location

 

 

11 Policy Statement

Cabonne Council is committed to preventing injury and illness by providing a safe and healthy working environment. Council will ensure, as far as is reasonably practicable, that its Worker’s Compensation and Return-To-Work requirement is committed to:

·    Designating and supporting the Return-To-Work  Coordinator,

·    Providing an occupational rehabilitation process as soon a possible after a workplace  injury/illness in a manner consistent with medical judgement that minimises lost time and ensures a staged return to normal duties,

·    Ensuring that it is normal practice and expectation for an injured/ill employee to return to work as soon as possible after an injury/illness,

·    Providing suitable duties/employment for an injured employee as an integral part of the rehabilitation process,

·    Consulting with staff and their representatives to ensure that the rehabilitation of any injured/ill employee has been developed and is working effectively,

·    Ensuring that participation in a Return-To-Work program will not, of itself, prejudice an injured/ill employee.

·    Providing training for the prevention of workplace based injury and illness, and ensuring an effective system for the identification and review of the causes of injury,

Worker’s Compensation and Return to Work and Rehabilitation Procedures.

A.      WORKERS’ COMPENSATION PROCEDURE

·         Complete an Incident and Accident Report form for any injury, illness, accident, incident or near miss by the end of the day it occurs or no later than 24 hours after the incident. These forms are available from your Supervisor.

·         Time frames apply to Council with respect to notification of injuries/illness.

·         Give the completed Incident and Accident Report form to your immediate Supervisor who will conduct an investigation and where applicable take action to eliminate hazards.

·         If an injury results in time lost from work or medical expenses, obtain an Employee’s Compensation Claim form and an Authority Form from your Supervisor or Overseer, the Return to Work Co-coordinator or the Payroll Officer.

·         Complete these forms honestly, and include the names of any witnesses to the injury or other people who may be able to verify your claim.

·         Attach a Workcover Medical Certificate and forward this form to the Risk Management Officer/Return to Work Coordinator in Cudal.

·         Forward all further medical certificates and accounts related to the injury to:

Return to Work Co-coordinator

Cabonne Council

PO Box 17

MOLONG  NSW  2866

·         Instruct all medical providers to send accounts to the same address.

·         When a claim number has been advised, include that number on all correspondence (including timesheets) and accounts.

·         As far as possible have doctors indicate the length of incapacity and any restrictions required for safe return to work on suitable duties, on the Workcover Medical Certificate.

·         Carefully note and follow the recommended treatment by the doctor and rehabilitation service provider(s) where applicable.

·         Maintain close liaison with the Return to Work Co-coordinator.

·         Early rehabilitation is the primary aim. It is also the employees’ responsibility to resume normal duties as soon as possible.

NOTE

·        Notice of an injury may be given orally or in writing except in the case of loss of or further loss of hearing where the notice must be in writing.

·        If compensation is claimed, the claim must be made within six months after the injury or accident happened. However, failure to make a claim within six months is not to be a bar to the recovery of compensation if the failure was occasioned by ignorance, mistake, absence from the State or other reasonable cause.

·        An employer is guilty of an offence under the Workers’ Compensation Legislation if the employer:

·                            Fails to forward any claim or other documentation to the insurer within 7 days after the receipt; or

·                            Fails, within 7 days, to provide the insurer with information requested and in the Council’s possession or reasonably obtainable by Council; or

·                            Fails, as soon as practicable, to pay over compensation received from the insurer to the person entitled.

·                            Weekly payments are to commence as soon as practicable after the claim is duly made. If liability for the claim is disputed, the claimant can seek to have the claim reviewed by completing an Application for Review of Decision that will be provided by Council’s insurer.

·         A party to any dispute relating to worker’s compensation may request that the dispute be referred to the Worker’s Compensation Commission.

·         The Council’s Workers’ Compensation insurer is:

StateCover Mutual Limited

PO Box H25

Australia Square

SYDNEY  NSW  1215

·                            Employees may be required to submit to a medical examination by a medical practitioner nominated by StateCover.  Travelling expenses are claimable.

·                            All medical certificates must be in the Workcover Worker’s Compensation Medical Certificate format.

·                            Compensation payments will be made fortnightly in line with Council’s standard pay day.

Council’s nominated Return to Work Co-coordinator is Council’s Risk Management Officer.

B.      RETURN TO WORK AND REHABILITATION PROCEDURE

Council will consult with the employee (and/or their representative(s) if requested) and then the Rehabilitation Provider regarding the rehabilitation programme and will ensure that no injured worker is disadvantaged whilst undergoing rehabilitation.

Council has implemented the following procedures to ensure a successful rehabilitation:

·         The worker must give early notification of a work related injury. Notify Council of the injury/illness by the end of the day it occurred or no later than 24 hours from the time of the injury/illness. Council must comply with injury/illness notification time frames.

·         The Return to Work Co-ordinator will contact the injured worker to ensure that appropriate medical attention is being received and to prepare the injured worker for a safe and timely return to work consistent with medical advice.

·         Where the nature of the injury warrants, the Council and/or the insurer may direct the employee to a Rehabilitation Provider.

·         It is recognised that Council’s insurer (StateCover) has the right to direct the injured employee to undertake examination by an appointed medical officer.

·         When the injured worker is unlikely to resume previous duties or cannot do so without alteration to the workplace or working arrangements, the Return to Work Co-coordinator will consult with the treating doctor, allied health professionals and/or the Rehabilitation Provider to obtain assistance.

·         The Return to Work Co-coordinator and/or rehabilitation provider in consultation with the nominated treating doctor,  will ensure that individual return to work strategies are developed where required.

·         If it is determined by a specialist and/or the nominated treating doctor that the injured worker will never fully recover, Council will contact the Rehabilitation Provider to assist in determining appropriate permanently modified duties with Council, duties with another employer, or by assisting the employee to undertake vocational retraining.

Unsuccessful Rehabilitation

Where an employee has been absent for a period in excess of six months and all attempts of rehabilitation have been unsuccessful, there will be consultation between the Return to Work Co-coordinator, the injured worker, Council’s Human Resource Officer and the medical practitioner regarding a re-deployment search or the termination of employment may be considered.

Casual Appointments

The General Manager has the authority to appoint casual or temporary staff to replace staff members absent for extended periods of Workers’ Compensation.

Disputes

The Return to Work Co-coordinator will make every endeavour to resolve disputes by consultation with the worker, the Rehabilitation Provider and where applicable, the industrial union representing the worker. If a dispute cannot be resolved, the matter may be referred to the Worker’s Compensation Commission.

 

Council’s nominated Return to Work Co-coordinator is Council’s Risk Management Officer.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 13

 

Draft Risk Management Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Risk Management Officer

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

12 months from approval

Minute number
(once adopted by Council)

tba

2 Summary

Council will utilise AS/NZS ISO 31000:2009 to integrate sound risk management procedures into all aspects of Council’s business. This will allow the formulation of a risk profile that is affordable and acceptable to the community.

Approvals

Title

Date Approved

Signature

Director of Finance & Corporate Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

95/07/17

Review and alteration of Policy wording to conform to new Australian Standard

November 2010

 


 

4 Reason

Risk management is a systematic process that involves establishing the context of risk management, identifying risks, analysing risks, addressing risks, periodic monitoring and communication. Risk management does not eliminate all risk.  The application of risk management thinking, principles and practices aims to help Council deliver quality services, improve decision-making, set priorities for competing demands/resources, minimize the impact of adversity and loss, ensure regulatory compliance and support the achievement of Council’s objectives.

5 Scope

The context of risk management at Cabonne Council will be ‘enterprise wide’.  This means council will consider risks across all council strategies, plans, activities and processes.  Therefore, this policy applies to all Councillors, management, staff, contractors and volunteers across all Council activities and processes.

6 Associated Legislation

7 Definitions

Risk – the effect of uncertainty on objectives.

Risk Management – coordinated activities to direct and control an organisation with regard to risk.

Risk Management Process - the systematic application of management policies, procedures and practices to the activities of communicating, consulting, establishing the context, and identifying, analysing, evaluating, treating, monitoring and reviewing risk.

From “AS/NZS ISO31000:2009 Risk Management – Principles and guidelines”.

8 Responsibilities

8.1 GM

The General Manager is responsible for the overall control of the Risk Management

Policy and its implementation across all aspects of Council business

8.2 Directors and Managers

Directors and Managers are responsible for the control of the Policy and its associated

Procedures within their area of responsibility and for implementing and maintaining sound risk management processes and structures within their area of responsibility in conformity with Council’s risk management framework and periodically reveiwing and updating risk profiles

8.3 Supervisors

Are required to create an environment where the management of risk is accepted as the   personal responsibility of all staff, volunteers and contractors.  Supervisors are accountable for the implementing and maintaining sound risk management processes and structures within their area of responsibility

8.4 Employees

Are responsible and accountable for taking practical steps to minimise Council’s exposure to risks including contractual, legal and professional liability in so far as is reasonably practicable within their area of activity and responsibility

8.5 Others

Councillors are ultimately responsible for adopting and committing to this risk management policy and for overseeing Council’s risk management framework.

9 Related Documents

Document Name

Document Location

AS/NZS ISO 31000:2009 Risk Management – Principles and guidelines.

AS/NZS ISO 31010:2009 Risk management – Risk assessment techniques

Hard Copies only

10 Policy Statement

Cabonne Council recognises that risk management is an integral part of good management practice and is committed to ensuring that a strong risk management culture exists and will undertake a range of activities to help promote and embed risk management practices by:

§   maintaining policies that compliment Risk Management such as Fraud Prevention;, Business Continuity Management, OH&S management systems and Code of Conduct;

§   aligning risk management to Council’s existing planning and operational processes;

§   allocating sufficient funding to risk management activities;

§   providing staff with appropriate training – including risk management;

§   including risk management responsibilities in job descriptions and staff performance appraisals;

§   discussing risk management issues and incidents at team meetings;

§   including risk management information and updates in Council reports

 

Council is committed to excellence in Risk Management using the new international standard AS/NZS ISO 31000:2009 Risk Management – Principles and guidelines in order to maintain a risk profile that is affordable and acceptable to the community in the provision of the services that Council delivers to the community.  To meet this commitment, risk management is to be a factor in every employee and Councillor’s role.  All employees are required to identify and report hazards and comply with sound risk management practice. 

Councillors are to participate in the optimum allocation of Council’s resources for the benefit of the area and to represent the interests of the residents and ratepayers utilising sound risk management practice.

Council’s Annual Management Plan will include the identification of an acceptable risk profile.  Implementation of a risk management strategy to achieve this profile will be a Council priority and will be implemented through consultation with the General Manager, Directors, and all employees.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 14

 

Draft Signs as Remote Supervision –

A Risk Management Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Risk Management Officer

Owner

(Relevant director)

Director Engineering and Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

12 months from approval

Minute number
(once adopted by Council)

tba

2 Summary

By using a procedural approach, Council will control facilities with signs providing information to the community.  The signage will be inspected within determined timeframes with respect to staffing and budget.

Approvals

Title

Date Approved

Signature

Director Engineering and Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

03/04/22-5

 

3 April 2007

 

Reviewed November 2010

 

 


 

4 Reason

The policy “Signs as Remote Supervision” ensures that Cabonne Council has clear and concise directions, as to the location, content and frequency of signs and to minimise public liability exposure emanating from the provision of services to the community.

 

Signs play an important role in advising, directing and warning members of the public of inherent dangers in the environment in which they are operating.

5 Scope

The benefit of a sign is that it brings the foreseeable risk to the attention of the person at that location.  It is supposed to add to the knowledge of the person who views the sign.  If the person then elects to enter the area and suffers injury, then arguably Council had satisfied its duty of care and no liability will be incurred.  The sign must be appropriate to the situation and placed in an appropriate position.

6 Associated Legislation

Civil Liability Act 2002

7 Definitions

Facility - “a parcel of land that may include reserves, parks, pools and where applicable, waterways, either owned, operated or under the care and control of Council”.

8 Responsibilities

8.1 GM

The General Manager is responsible for the overall control of the “Signs as Remote Supervision” Policy and its implementation across Council.

8.2 Directors and Managers

Directors and Managers have the responsibility to ensure that the “Signs as Remote Supervision” Policy and the associated procedures are implemented within their areas of responsibility.

8.3 Supervisors

Supervisors are responsible for ensuring that signs are installed and maintained in each of Council’s facilities as required by the Policy and Procedures.

8.4 Employees

Employees are responsible for notifying their supervisors if any signs require replacement or repair.

8.5 Others

The community is required to comply with any signage where it is required at or in Council facilities

9 Related Documents

Document Name

Document Location

Risk Management Policy

Gathering Information Policy

 

10 Policy Statement

Cabonne Council will aim to satisfy the duty of care that it has with respect to each facility by using a systematic, factual and repeatable approach to the provision of signs for the information of people using those facilities under Council’s care and control. All facilities signage will be inspected on an at least an annual basis but within the constraints of staffing and budget.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 15

 

Draft Public Use of Sporting Fields

Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Council requires all sporting bodies to complete the “Application to Use Council’s Sporting Fields and Associated Facilities” before they are given authority to use the facility.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

01/05/32

 

21 May 2001

 


 

4 Reason

·        Management and scheduling of organised activities using Council’s sport and recreation facilities;

·        Due diligence with regard to Risk Management and Public Liability.

5 Scope

All sport and recreation facilities owned or managed by Cabonne Council.

6 Associated Legislation

Association Incorporations Act 1984

7 Definitions

FACILITIES – includes parks and reserves, buildings and structures.

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

Co-ordinator Urban Services

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Council require all sporting bodies must be an incorporated association with a minimum public liability insurance cover of $20,000,000 and submit a completed “Application to Use Council’s Sporting Fields and Associated Facilities”.

Approval will be subject to availability and suitability of the facility requested.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 16

 

Draft Dog Control –

Canowindra Parks and Oval Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[15 November 2010]

Author

Manger Building & Environment

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Reviewed -

Next Review Date

Within 12 months of Council election

Minute number
(once adopted by Council)

 

2 Summary

Council policy prohibits the presence of dogs at the Canowindra Oval, Morris Park and Memorial Park.

3 Approvals

Title

Date Approved

Signature

Director of Environmental Services 

 

 

4 History

Minute No.

Summary of Changes

New Version Date

01/08/35-5

Reviewed by Manager Building & Environment

August 2001

 

Reviewed draft to November Council meeting

 

 


 

5 Reason

To provide for use of public space free of any dog nuisance.

6 Scope

Applies to Parks and public areas in Canowindra Village area.

7 Associated Legislation

 

8 Definitions

 

9 Responsibilities

9.1 GM

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

9.2 Directors and Managers

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

9.3 Ranger

To enforce compliance.

10 Related Documents

Document Name

Document Location

 

 

11 Policy Statement

That:

1.               Council prohibit the presence of dogs at the Canowindra Oval, Morris Park and Memorial Park whether leashed or otherwise and erect appropriate signage at entrances of these public areas.

2.               The signage advise that breaches of this Council order imposes a fine.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 17

 

Draft Council Swimming Pool –

No Private Use Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Council will not allow the practice (by pool supervisors) of hiring out its public swimming pools for private parties.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

99/9/110-12

Reviewed November 2010

Specific reference to Cumnock pool removed – retitled and amended to not allow hire out for private events

05/10/99

 

 

 

 


 

4 Reason

Based on Public Safety and Council liability associated with use of a Public Facility.

5 Scope

All Council Public Pools.

6 Associated Legislation

 

7 Definitions

 

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Council prohibits the private hire of Council’s Pools for private events.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 18

 

Draft Swimming Pool Managers

and Supervisors –

Minimum Qualifications Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Specifies the minimum qualifications for managers and supervisors of Council’s swimming pools.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

93/9/117-5

 

06/09/93

94/9/103

25m Pools

19/09/94

 

Reviewed November 2010, qualifications updated

 

 


 

4 Reason

Duty of Care with regard to the safety of the Public using Councils Public Baths.

5 Scope

All Council’s public swimming pools

6 Associated Legislation

Local Government Act 1993

Industrial Relations Act 1996

Local Government Practice Note 15, 2005

7 Definitions

Council’s Swimming Pools are Category 4 – being a facility that has one or two bodies of water with medium to low patronage levels and no more than one aquatic activity occurring at any on time eg: one main swimming pool and a diving pool or toddler pool.  Pool configuration is generally a standard rectangular shape (DLG Practice Note 15)

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

That a person appointed by Council to have charge of any public baths shall:-

·        be at least eighteen years of age, and

·        Category 4 pools, Minimum Pool Attendant Qualification;

°        RLSSANSW Pool Lifeguard Licence – Update annually consisting of RLSSA Bronze Medallion, NSW Workcover approved Senior First Aid (Updated every 3 years) and RLSSA Oxygen Equipment; or

 

°        The equivalent in competencies from the Community Recreation Training Package, provided by a registered training organisation eg: RLSSA Pool Lifeguard Licence.

 


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 19

 

Draft Tree Management Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Needs Reviewing

Minute number
(once adopted by Council)

tba

2 Summary

Council join in Joint Tree Management with the relevant Electricity Supplier.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

10972

 

20 August 1990

 

Reviewed November 2010 – reference to electricity supplier made general

 

 


 

4 Reason

To avoid interference with power lines.

5 Scope

LGA

6 Associated Legislation

In accordance with Energy Supplier guidelines.

7 Definitions

 

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Council join in Joint Tree Management with the relevant Electricity Supplier on the following basis:-

1.       Tree Planting - New and Replacement by Cabonne Council

New Trees (including replacements), which are to be planted beneath power lines, should be trees which, when fully grown, have heights less than 5 metres where, in the opinion of Cabonne Council, such suitable trees exist for the particular location.

Where such trees do not exist, the trees planted should be able to be directionally pruned and in all other aspects should be compatible with the requirements of trees placed beneath power lines.

Existing Trees

Existing trees which are located beneath power lines shall be pruned by Electricity Supplier in order to maintain statutory clearances between the foliage and the conductors.  Where, in the opinion of the Electricity Supplier the tree is unsuitable for location beneath power lines, the tree shall be marked with yellow tape and reported to Cabonne Council.  Cabonne Council shall determine what action, if any, shall be taken with regard to replacing the existing tree.

Tree Planting - By the Community on Public Land

The Council shall, wherever possible, cause to have unsuitable trees which are less than two years old and are located beneath power lines, either removed or replaced when such trees are brought to the attention of Cabonne Council.

Notes:  A tree shall be considered to be beneath power lines if, during its expected growth, it is likely to come within 1 metre of power line conductors.


Item 10 Ordinary Meeting 15 November 2010

Item 10 - Annexure 20

 

Draft Public Water Supplies –

Restriction Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2010]

Author

Assets Manager

Owner

(Relevant director)

Director of Engineering & Technical Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

draft

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

Council authorise cutting off the supply of water to any occupier of land in the Cabonne Council who is not abiding by any water restriction notice.

Approvals

Title

Date Approved

Signature

Director of Engineering & Technical Services

 

 

3 History

Minute No.

Summary of Changes

New Version Date

7485/30

 

16/02/87

93/7/110-3

 

19/07/93

 

 

 

 


 

4 Reason

Required at times when water restrictions are applied.

5 Scope

Throughout Cabonne LGA

6 Associated Legislation

 

7 Definitions

LGA – Local Government Area

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.

9 Related Documents

Document Name

Document Location

 

 

10 Policy Statement

Council will cut off the supply of water to any occupier of land in the Cabonne Council who is not abiding by any water restriction notice and a reconnection fee as detailed in the Fees and Charges each year will apply.

Should water restrictions apply, this policy of Council will be appropriately advertised.

 


Item 12 Ordinary Meeting 15 November 2010

Item 12 - Annexure 1

 

DRAFT Payment of Expenses

and Provision of Facilities for Mayor and Councillors 2011 Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[1 September 2011]

Author

Administration Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft 

Next Review Date

Within 12 months of Council being elected

Minute number
(once adopted by Council)

tba

2 Summary

The purpose of the policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by councillors.  The policy also ensures that the facilities provided to assist councillors to carry out their civic duties are reasonable.

Approvals

Title

Date Approved

Signature

General Manager 

 

 

3 History

Minute No.

Summary of Changes

New Version Date

00/1/10

Complete Review

17/01/00

01/02/10

Addition of Uniform Contribution

19/02/01

04/05/16

Amended

17/05/04

05/07/9

Amended after advertising to allow for laptops for councillors and a mobile phone for the Mayor

18/07/05


 

Draft

Amended to comply with DLG updated guidelines – Circular 07-22 refers

October 2008

08/10/15

Draft amended at October 2008 Council meeting to add provision for Internet access reimbursement and advertised for public submissions.

 

08/12/26

Adopted without further change at December 2008 Council meeting

December 2008

09/06/14

Amended at June Council Meeting that where individual limits are set for Councillors such limitations are a global amount and not a strict individual limit.

15/06/09

09/08/36 - 2

 

Credit Card facility for Mayor with $3,000 limit approved

17 August 2009

draft

Policy reviewed in accordance with DLG revised Guidelines October 2009. 

 

Additional clarification added (pg 10) in relation to non payment of expenses relating to political fundraising events, or donations to a political party or candidate’s electoral fund. 

 

A process to resolve any disputes that arise about the provision of expenses and facilities was added (page 8).

No other substantial change required.  Submitted to October Council meeting.

October 2009

09/11/10

Adopted without further change at November 2009 Council meeting

November 2009

10/02/17

Readopted by Council

15 February 2010

10/08/17, 18, and 19

Reviewed for 2011.  Draft prepared for September 2010 Council meeting. Corrected omission of annual maximum limits for Mayoral Phone, vehicle and noted Councillors’ out of area travel covered within travel expense item.  Provision of credit card and multifunction printer/copier/scanner and consumables for at home use by Mayor added

August 2010

 

Council determined to withdraw the provision of a multifunction printer/copier/scanner and consumables for at home use by the Mayor.

September 2010


 

4 Reason

Councillor expenses and facilities policies are made under the Local Government Act 1993 (“the Act”) and in accordance with sections 252 and 253 of the Act as well as clause 403 of the Local Government (General) Regulation 2005 (‘the Regulation’).

 

Under section 252(5) of the Act councillor expenses and facilities policies must comply with the provisions of the Act, the Regulation, guidelines provided by the Division of Local Government and other policies nominated in said guidelines.

 

Under section 440 each council must adopt a code of conduct that incorporates the provisions of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

5 Scope

This Policy applies to all councillors.

Principles Guiding This Policy

The overriding principle of this policy is that the provisions made in regard to expenses and facilities for councillors are acceptable to, and meet the expectations of the local community.

The following are important elements of the principles that underpin this policy:-

Councillor conduct

As required by section 439 of the Local Government Act 1993 (LGA) and reinforced in the Model Code of Conduct provisions, councillors must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out their functions;

Councillors are to be mindful of the provisions of the Anti-Discrimination Act 1977 which make it unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the grounds of race, sex, transgender, marital status, disability, responsibilities as a carer or homosexuality.

Equity, access and ability to participate

This policy is to be applied in a non-discriminatory and equitable manner to enable full participation by councillors from varied walks of life, allowing representation of the community in different ways and accommodating individual differences;

Council values a diversity of representation.  This expense and facility policy will be interpreted such that any under-represented groups within the community will not be discouraged from undertaking the civic duties of a councillor by reason of financial or other disadvantage;

Similarly this policy will be interpreted so that reasonable provision for the special needs of councillors is accommodated.  This will include access to the appropriate parts of council premises and facilities and maximise participation in the civic duties and business of council.  It will also include provision for sight or hearing impaired councillors, those with other disabilities and make reasonable transportation provisions for those unable or unwilling to drive a vehicle.

Accountability and transparency

This policy details both the specific expenses for which councillors are entitled to receive reimbursement and the facilities they are entitled to access.  Councillors may only receive these where they are so identified.  This Policy document will be open to public scrutiny at all times;

Annual reporting requirements as defined in the LGA, associated Regulation and DLG Guidelines are included in this policy and will be followed;

Reasonable and relevant expenses

This policy provides for the provision of reasonable and relevant expenses in relation to the role as a councillor and which are in proportion to the size and extent of affordability by the operations of Cabonne Council.4.1.5      Defined limits over expenses and facilities

All expenses defined in this policy are associated with specific monetary limits where practicable and appropriate.  Similarly standards for the provision of equipment and facilities provided to councillors are defined.  No provision for a “General” expense or allowance is included in this policy.4.1.6          Annual fees and expenses a separate issue

The Local Government Remuneration Tribunal has adopted the principle that expenses reasonably incurred by councillors are outside provisions made under the annual fee determinations.  Accordingly this policy does not require councillors to pay for some of their expenses from their annual fee since it is recognised that this can have the effect of financially disadvantaging councillors.4.1.7          Expenses and allowances

Only payment or reimbursement of actual expenses incurred by councillors in carrying out their civic duties is permitted under this policy.

Payment will generally be way of reimbursement after the event.  Consideration will be given to a request by a councillor for the provision of an advance payment for the cost of a service associated with a civic duty.  Expenses typically paid in advance are specified.  Payments in advance are subject to reconciliation within 60 days.

There are no circumstances in which legal expenses will be met by a council for proceedings initiated by a councillor.  Nor will legal expenses be met for a councillor defending any action in a matter not rising directly as a result of his or her civic duty.

Councillors using private vehicles in carrying out their civic duties will be paid the mileage allowance at the then current rate set by the Local Government (State) Award;

Approval arrangements

This policy defines approval arrangements, and requires more than one person as decision maker in order to prevent potential conflicts.

Private benefit

Councillors will not generally obtain private benefit from the provision of equipment and facilities, nor from travel bonus or any other such loyalty schemes.  However, it is acknowledged that incidental use of council equipment and facilities may occur from time to time.  Such incidental private use is not subject to a compensatory payment.

Where more substantial private use has occurred, the Act provides that a payment may be made to cover the level of that private use.  Council has established that this would be at the current rate set by the Local Government (State) Award in the case of kilometres using council vehicles incurred by councillors on Council duties and at an agreed rate for private use by the Mayor in the mayoral vehicle (as provided by section 252(2) of the Act);

6 Associated Legislation

A policy for the payment of expenses and the provision of facilities for councillors is made under section 252 of the Local Government Act 1993 and in accordance with clause 403 of the Local Government (General) Regulation 2005.

Other policy provisions, which should be considered, include the DLG guidelines, Department of Local Government circulars to councils, the Model Code of Conduct for Local Councils in NSW and the Independent Commission against Corruption publication No Excuse for Misuse.

Details of relevant statutory requirements and other policy provisions are at APPENDIX 2 of the DLG guidelines (circular 07-22).

7 Definitions

“DLG”             – Division of Local Government

“Act”               – Local Government Act 1993

“Regulation” – Local Government (General) Regulation 2005

8 Responsibilities

8.1 GM

Jointly with the Mayor, (or Deputy Mayor if the expense relates to the Mayor), approve expenses that are to be incurred prior to the opportunity to be reported to a Council meeting.

The General Manager and/or Director of Finance & Corporate Services is required to ensure the return of equipment and services when such return is required by the policy and the equipment or facility is not acquired by councillors.

8.2 Directors and Managers

The Director of Finance & Corporate Services and/or General Manager is required to ensure the return of equipment and services when such return is required by the policy and the equipment or facility is not acquired by departing councillors.

The Finance Manager is required to ensure accounting staff are provided with and process the Mayor’s motor vehicle log books and mobile telephone account indicating private calls made.

The Administration Manager is required to determine availability of a vehicle for councillors when appropriate.

The Finance Manager and Administration Manager are responsible for providing an annual report to Council each September providing a break-up of expenses provided under the headings of Councillor or staff member, type and amount of expense, facility or other in-kind benefit, etc for the previous financial year.

8.3 Staff

The General Manager’s Personal Assistant is required to provide Secretarial services for the Mayor.

9 Related Documents

Document Name

Document Location

DLG Guidelines for payment of expenses and provision of facilities

 

Model Code of Conduct

 

 

DLG Circulars to councils

 

 

ICAC publications – No Excuse for Misuse, preventing the misuse of council resources

 

 

Mobile Phone Policy

 

Councillors Approval Request Form

To Attend Conference

 

10 Policy Statement

 

Wherever possible this Policy uses the suggested format by the DLG whilst complying with Council’s standard Policy template. 

 

Part 1 - INTRODUCTION

 

Reporting requirements

Review

Councils are required on an annual basis to review and submit their policy to the Division of Local Government within 28 days of adoption by council, even if they propose to adopt an unchanged policy.  Policies must be submitted by 30 November each year.

 

Annual reporting requirements

 

Section 428 of the Local Government Act 1993 requires councils to include in their annual report:

•          the council’s policy on the provision of facilities for, and the payment of expenses to, mayors and councillors

•          the total amount of money expended during the year on providing those facilities and paying those expenses

•          additional information as required by the Local Government (General) Regulation 2005.

 

Additional annual reporting requirements

Amendments to clause 217 of the Local Government (General) Regulation 2005 made in December 2006 now require councils to include additional reporting information in their annual reports.

 

The additional reporting information required is for the purposes of transparency and accountability and should not be seen as a disincentive for the payment of appropriate expenses to councillors.

 

Councils are now required to report separately on:

•        the total cost of expenses and the provision of facilities for the mayor and all councillors, as well as:

Provision of facilities

The cost of the provision of dedicated office equipment allocated to councillors on a personal basis such as laptop computers, mobile phones, telephones and facsimile machines and Internet installed in the councillors’ homes (including line rental and internet access).  This item does not include the costs of using this equipment, such as calls.

Expenses

•          the cost of phone calls including mobiles, home located landlines, facsimile and internet services

•          spouse/partner/accompanying person expenses (limited to circumstances outlined on page 14 of the DLG Guidelines)

•          conference and seminar expenses

•          training and skill development expenses

•          Interstate travel expenses (including subsistence and out-of-pocket expenses)

•          overseas travel expenses (including subsistence and out-of-pocket expenses)

•          care and other related expenses (of dependants to enable a councillor to undertake his or her civic functions).

 

Reporting of exceptional equipment and facilities costs

In addition to the statutory reporting requirements, councils should report other costs where these are significant.  For example, councils should report the cost of the provision of facilities and equipment where such provision is above what would normally be required for the day-to-day running of the council.

 

Legislative provisions

Expenses and facilities policies must not include a general expense clause.

Clause 403 (previously 42A) of the Local Government (General) Regulation 2005 provides that councils must not include in their section 252 policies any provision that enables council to pay a councillor an allowance in the nature of a general expense allowance.

Section 252 of the Local Government Act 1993 only authorises payment or reimbursement of actual expenses incurred by councillors in carrying out their civic duties.  It is not appropriate or lawful for councils to pay general allowances unrelated to actual expenses incurred or designed to supplement councillors’ annual fees.

 

Monetary limits to expenses

 

It is the responsibility of individual councils to establish what they would consider a reasonable level of provision by determining their own monetary limits and/or rates for the payment of expenses and other benefits to their councillors.  These limits have been determined and are clearly stated in the policy.

 

Identifying and publishing monetary limits allows members of the public to know the expected cost of providing services to councillors and to make comment during the public consultation phase of making or amending the policy.  It also avoids situations where councillors incur costs that are unforseen or considered unreasonable by other councillors and the public.

Standard of provision of equipment and facilities

 

The DLG guidelines do not specify a specific standard for the provision of equipment and facilities to councillors.  As with expenses, it is the responsibility of councils to establish and define an appropriate and reasonable level of provision that would enable councillors to effectively carry out their civic duties.   Council has determined the level of equipment and facilities to be provided to the Mayor and councillors.  These are detailed in the policy.

Approval arrangements for claiming expenses and use of facilities

 

Approval of councillor expenses will be consistent with the stated guiding principle that no one person is the sole decision maker in giving approval.

Part 2 - PAYMENT OF EXPENSES

 

General Provisions

 

Whenever possible approval for discretionary trips and attendance at conferences and the like should be approved at a Council meeting.  If this is not possible then the approval should be given jointly by the Mayor and the General Manager.  If the Mayor requires approval to travel outside of council meetings it should be given jointly by the Deputy Mayor and the General Manager.

Travel involving an overnight stay will require prior approval with full details of the travel.  This should include itinerary, costs and reasons for the travel being provided;

Approval to meet expenses will only be given when the function is relevant to the council's interest.  No approval will be given for any cost component that is additional, or not relevant to, the service cost of the function.

Should dispute(s) arise about the provision of expenses and facilities the matter is to be resolved by determination of the General Manager, in compliance with Council’s Policy, in the first instance.  Should the councillor consider the General Manager’s determination to be incorrect then the matter shall be reported for determination by the Full Council at the next available Council meeting.

Payment of expenses generally

 

a)      Allowances, expenses and motor vehicle availability

 

In accordance with the LGA this policy does not permit:

i.                 The payment to any councillor of an allowance in the nature of a general expense or allowance;

ii.                The exclusive or primary use of a motor vehicle by any councillor other than a Mayor (or Deputy Mayor under specific conditions).

 

b)      Reimbursement and reconciliation of expenses

 

i.                 Reimbursement of costs and expenses to councillors will only be made upon the production of appropriate receipts and tax invoices, and the completion of the required claim forms.

ii.                Expenses and costs incurred must be in accordance with the requirements of this policy.

iii.               The maximum time limit for councillors to seek reimbursement for their expenses is within 60 days from the date of the receipt, invoice or voucher.

c)      Payment in advance

 

Councillors may request payment in advance in anticipation of expenses to be incurred in attending conferences, seminars and training away from home.  Councillors may also request an advance payment for the cost of any other service or facility covered by the policy.  However, councillors must fully reconcile all expenses against the cost of the advance when they return within the above time limit. 

 

Allowance type payments are not payable in any circumstances.

 

Establishment of monetary limits and standards

Note: where individual limits are set for Councillors such limitations are a global amount and not a strict individual limit except where specified.

 

The following currently apply as monetary limits to expenses:

 

 

Expense

Mayor

Deputy Mayor

Councillors*

Maximum Annual Expense Limits ($)

Agreed training

3,500

2,500

20,000

Mandatory Councillor Information session

400

400

4,000

Conferences & Seminars

5,000

3,000

20,000

Travel -Local and Out Of Area

N/A

4,000 - Council vehicle for attending out of area functions

40,000 - Council vehicle for attending out of area functions

Interstate Travel

2,000

1,500

10,000

Overseas Travel

Not Available

Not Available

Not Available

Motor Vehicle

15,000^

See Travel - Local and Out Of Area

See Travel - Local and Out Of Area

Mobile Phone

3,600

Not Available

Not Available

Internet Access

360 (max)

360 (max)

360 (max) per councillor

Stationery

200

100

1,000

Business Cards, Name tags, etc

150

150

1,500

Corporate Uniform

(50% contribution)

200 (max.)

200 (max.)

200 (max.) per councillor

Mayoral Office Refreshments

1,500

Not Available

Not Available

^ - Based on Maximum Annual Expense Limit for the Mayoral Vehicle set as $10,000 (based on 50,000kms per vehicle) with actual usage indicating 75,000kms travelled per year.

* Note: Global limit

Spouse and partner expenses

There are limited instances where certain reasonable costs incurred by the councillor for their spouse, partner or accompanying person are properly reimbursable by Council:

 

a.      Where the costs relate to attendance at official council functions of a formal and ceremonial nature and occur within the local government area.  Such functions would be those which a councillor’s spouse, partner or accompanying person could be reasonably expected to attend.  Examples could include but not be limited to: Australia Day award ceremonies, Citizenship ceremonies, civic receptions and charitable functions supported by the council;

b.      In relation to Local Government and Shires Associations' annual conferences, costs limited to the cost of registration and the official conference dinner.  Travel, any additional accommodation, and the cost of partner/accompanying person tours etc would be the personal responsibility of individual councillors (Council will meet the equivalent cost of Single accommodation for the Councillor with any additional cost borne by the councillor);

c.       Where they occur outside the council's area, but within the State, costs of representing the Mayor, at an official function of councillor or those of accompanying the Mayor whilst on an official ceremonial duty.  Examples could include charitable functions, award ceremonies and other functions to which the Mayor has been invited and is representing the council.

d.      In the above circumstances, reimbursable costs are confined to the ticket, meal or direct cost of attending the function.  Reimbursable costs do not extend to items such as special clothing, grooming or transport.

Apart from where defined above, other accompaniment costs outside the Council area will not be reimbursed.

 

•        Accommodation: Equivalent of Single Accommodation cost for the councillor is to be met by Council with additional accommodation cost to be met by delegate/spouse.  All additional costs are to be met by spouse/partner unless such is related to the official capacity of the delegates partner (e.g. official conference dinner).

 

Specific Expenses For Mayors And Councillors

 

Attendance at seminars and conferences

 

Attendance at Annual Conferences of Local Government and Shires Associations will normally be undertaken by the Mayor.

 

At least two Councillors may be afforded the opportunity to attend the Shires Association conference each year.

 

Councillors may be nominated to attend conferences, seminars and similar functions relevant to Council's interests by:-

 

²    the Council, through resolution duly taken.

²               the Mayor, acting within his/her delegated authorities and subject to budget requirements. 

Approval to attend must be resolved at a Council meeting or by both the Mayor and General Manager if attendance is required prior to the next Council meeting.  If the proposed attendance is by the Mayor then approval by the Deputy Mayor and General Manager is required.

Councillors will be required to provide a written report to Council on such conferences.

 

Council will pay conference registration fees, including the costs of related official meals or activities where these are relevant to the business and interests of Council.

 

The reasonable costs of transport and accommodation associated with conference attendance will also be met as will meals when not included in conference fees.  When overnight accommodation is necessary (the night before or after the conference) accommodation costs must be approved by Council.

 

Where attendance at other functions is relevant to Council's interest by reason of briefings, information or networking with key community members, business identities or politicians, approval may also be given by Council.  Such approval will extend to the cost of the function and not to political donations.

 

No payment should be made by a council for attendance by a councillor at any political fundraising event, for any donation to a political party or candidate’s electoral fund, or for some other private benefit.

 

Council staff should ascertain whether any expenses to be incurred would be directed towards such events and activities prior to approving expenditure.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Training and Educational Expenses

 

Each Councillor is required to undertake a Councillor Information session run by the DLG on election to Council.

 

Each Councillor will be encouraged to undertake at least one Professional Development Course every two (2) years. 

 

A Personal Development Training Plan is to be prepared by the General Manager each year based on funds allowed within the annual estimates of Income and Expenditure.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Local travel arrangements and expenses

 

Councillors are required to use private vehicles to attend Council and/or committee meetings and will be paid the kilometre allowance at the then current rate set by the appropriate Local Government (State) Award from time to time, but subject to the most direct route being taken.

 

When acting for the Mayor at Civic functions councillors will also be reimbursed on a kilometre basis at the rate specified above.

 

Travel undertaken by a councillor in the capacity of Chair of a council committee or as a delegate of Council will also be reimbursed on a kilometre basis at the rate specified above.

 

The driver is personally responsible for traffic or parking fines.  An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Travel outside the LGA including interstate travel

 

All reasonable travel costs will be met by the Council subject to prior Council approval.  Where appropriate, travel will be provided by air (economy class).  Depending upon the circumstances, it may be more appropriate for travel to be undertaken by car. 

 

Where a private vehicle is used, kilometre payments are not to exceed the economy air fare and should apply to the most direct route.  The driver is personally responsible for traffic or parking fines.

 

Travel by motor vehicle may be undertaken in a Council vehicle (where available – contact Council’s Administration Manager to determine availability) or by private vehicle, subject to prior approval from the Council or jointly by the Mayor and General Manager.

 

Costs of vehicle hire, taxi fares, public transport, road tolls or parking costs which are reasonably incurred while attending Council business will be reimbursed by the Council.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Telephone costs and expenses

 

The Mayor is required to reimburse Council for private calls made on the provided mobile phone.

 

An honesty system is in place using identification of all private telephone costs by the Mayor on the account statements.  Account statements must be returned by the period stated in the Mobile Phone policy.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Internet Access expenses

 

Council will reimburse the Mayor and Councillors up to $30 per month towards the cost of access to Internet services (including broadband and wireless) utilised by Councillors for official council business purposes including research, etc.

 

Council’s Code of Conduct requirement that:

 

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.”

 

is relevant and repeated herewith for convenience.

 

Evidence of having incurred an Internet access expense must be produced to allow reimbursement.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

Care and other access related expenses

 

Council will meet reasonable costs of facilitating access to council premises, functions and activities where, by reason of disability, caregiver role or other special need, a councillor would not otherwise have equity of access with other councillors. Such support will allow the fullest participation reasonably possible.

 

If required an annual monetary limit would apply and once determined will be shown at Establishment of monetary limits and standards.

 

Insurance Expenses and Obligations

 

Council provides insurance cover for: 

·                 Public liability for liabilities that might arise from performance of civic duties and/or exercise of council functions – Public Liability Insurance

·                 Professional indemnity for liabilities that might arise from performance of civic duties and/or exercise of council functions - Professional Indemnity Insurance

·                 The internal running of Council and duties to shareholders.  Examples of internal running are things like harassment and unfair dismissal.  An example of duties to shareholders is something that puts the financial viability of Council on the line - Councillors and Officers Liability Insurance

·                 Personal Injury whilst on council business – Personal Accident Insurance

·                 Travel insurance for approved flights – Personal Accident Insurance

 

All insurances are subject to any limitations and conditions set out in Council’s policy of insurance.

 

Legal Expenses and Obligations

 

Council will only be prepared to consider reimbursement of legal expenses of Councillors in accordance with the guidelines from the Department of Local Government, these being:

 

1.      That a Council may only disburse money if the disbursement is authorised by the Local Government Act, 1993, either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions.

 

2.      In the particular circumstances outlined below, a council may therefore indemnify or reimburse the reasonable legal expenses of:

 

(a)     A councillor defending an action arising from the performance in good faith of a function under the Local Government Act (s71), or

 

(b)     A councillor defending an action in defamation provided the statements complained of were made in good faith in the course of exercising a function under the Act, or

 

(c)     A councillor for proceedings before the Local Government Pecuniary Interest Tribunal or an investigative body provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the Tribunal or investigative body makes a finding substantially favourable to the Councillor.

 

3.      Legal expenses incurred in relation to proceedings arising out of the performance by a councillor of his or her functions under the Act should be distinguished from expenses incurred in relation to proceedings arising merely from something which a councillor has done during his or her term of office.  An example of the latter is expenses arising from an investigation as to whether a councillor acted corruptly by using knowledge of as proposed rezoning for private gain.  This latter type of expense should not form part of a policy adopted under s252 of the Act.

 

4.      A council may lawfully obtain insurance cover against the risk of having to meet the costs of or to reimburse a councillor provided that the costs or reimbursements are ones which the council is authorised to meet.

 

5.      A council may not meet the costs of an action in defamation taken by a councillor as plaintiff in any circumstances.

 

6.      Where doubt arises in relation to any of these points, the Council should seek legal advice.

 

7.      Council will not provide legal assistance in respect of legal proceedings initiated by the Mayor and/or councillors in any circumstances.

 

ADDITIONAL MAYORAL EXPENSES

 

In addition to those facilities provided to the Councillors the Mayor is to receive the benefit of:-

 

•        Motor Vehicle - (Holden Statesman or equivalent).  The vehicle is to be used at the discretion of the Mayor for official Mayoral, Councillor or Council purposes.  The Mayor is to pay an amount as determined by Council and included in Council’s Fees & Charges for the use of this vehicle and he/she is to provide fuel for private usage. 

 

The following conditions apply:-

 

a)      The Mayor must authorise Council to deduct private usage payments of the agreed amount per month from the Mayoral allowance for the use of the Mayoral Vehicle;

 

b)      The Mayor’s Council motor vehicle must be made available for use by the Deputy Mayor during those periods when, in accordance with the policy of the Council during the absence of the Mayor, the Deputy Mayor is entitled to be paid a proportionate amount of the Mayoral Allowance;

 

At present this absence is defined as absent from the Council area by the Mayor for a minimum of three (3) weeks.

 

c)      That the Mayor or in such absence the Deputy Mayor provide petrol for such private use;

 

d)      The Mayor, or Deputy Mayor in the Mayor’s absence, is also required to keep log books relating to the vehicle, to be submitted monthly to Council accounting staff.

 

•        Mobile phone and car kit for official purposes.  The Mayor is responsible for reimbursement of private calls made on this mobile phone, by way of certification and submission of monthly accounts by the Mayor to Council accounting staff.  Telephone accounts indicating private use must be returned by the set period in the Mobile Phone Policy.

 

•        Secretarial Services - word processing and administrative support provided by the General Manager's Personal Assistant.

 

•        Administrative Support - assistance with functions, organisations, meetings, and the like for official purposes.

 

•        Mayoral Office Refreshments - at the discretion of the Mayor for Official purposes.

 

•        Credit Card facility with a limit of $3,000.

 

Annual monetary limits apply and are shown at Establishment of monetary limits and standards.

 

Part 3 - PROVISION OF FACILITIES

 

GENERAL PROVISIONS

 

Provision of facilities generally

 

The following facilities are currently available to Mayor and councillors as indicated:

 

Facility

Mayor

Deputy Mayor

Councillors

Facilities available / Not available for Council Business Use

Laptop computer *

Available

Available

Available

Fax Machine*

Available

Available

Available

Mobile Phone *

Available

Not available

Not available

Motor Vehicle Use

(Contact Council’s Administration Manager to determine availability)

Designated Vehicle

When acting as Mayor or subject to policy and availability

Subject to policy and availability

Furnished Mayoral room

Available

Available by arrangement with Mayor

Available by arrangement with Mayor

Secretarial & Administrative support

Available

Not available

Not available

Photocopier

Official purposes only at Molong and Cudal Council offices

Available

Available

Available

Stationery & office supplies

Available

Available

Available

Business cards

Available

Available

Available

Credit Card

Available

Not Available

Not Available

Consumables eg toner

Available

Available

Available

Corporate clothing

Available

Available

Available

Safety equipment

(eg Safety vests on Traffic committee inspections)

Available

Available

Available

Meals / refreshments related to council, committee and work group meetings and office functions.

Available

Available

Available

Ceremonial garb

Available

Not Available

Not Available

Use of council chamber

When free for use

When free for use

When free for use

* - Equipment remains the property of Council.  On completion of Term, councillors may request to purchase equipment at written down value or at an agreed fair market price.

 

Private use of equipment and facilities

 

Council facilities, equipment and services are not for private use.  “Private use" includes the production of election material or material for other political purpose.

 

Acquisition and returning of facilities and equipment by Councillors

 

Equipment is to be returned promptly to the General Manager or Director of Finance & Corporate Services in the following circumstances:

a.                Councillor is going on extended leave of absence;

b.                Councillor has completed term of office or ceasing civic duties and is not acquiring equipment.

In general the use of council facilities and equipment should be in accord with the DLG Model Code of Conduct for Local Councils in NSW, - June 2008.

 


Item 13 Ordinary Meeting 15 November 2010

Item 13 - Annexure 1

 

Promotional Signage within the Cabonne Council Area Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[21/02/94]

Author

Director of Environmental Services

Owner

(Relevant director)

Director of Environmental Services