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BOMBALA COUNCIL
MEETING FOR 18 NOVEMBER 2014
MEETING:
Ordinary Council Meeting
TIME:
6.30pm
MEMBERS TO ATTEND:
All Councillors
STAFF IN ATTENDANCE:
General Manager
Director Regulatory Services
Director Engineering
Finance Manager
Corporate Services Manager
Relevant Departmental Managers, as required
ADDRESS TO COUNCIL:
Deputations Presentation by:
6.30 – Paul Perkins – Proposals for Swimming Pool & Leisure Centre Upgrade
For Distribution To:
Cr Stewart (Mayor)
Cr Bateman
Cr Haslingden
Cr Yelds
Cr Goodyer
Cr Hampshire
Cr Ingram
GM
DRS
DE
FM
EDO
CSM
CSAO (cut ups)
Library/General Public
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NOTICE OF MEETING
ORDINARY MEETING OF THE
BOMBALA COUNCIL
18 November 2014
COMMENCING AT 6.30pm
TO BE HELD IN THE BOMBALA COUNCIL CHAMBERS
AGENDA
MEMBERS:
The Whole of Council
ACKNOWLEDGEMENT OF COUNTRY:
“We would like to acknowledge the traditional owners of the country on which
this meeting is being held - the NGARIGO peoples and pay our respects to elders
past, present and future”.
STANDING ORDERS:
a) Apologies and Requests for Leave of Absence
b) Deputations/Presentations
c) Disclosures of Interest
d) Confirmation of Minutes of Previous Meeting/s.
e) Business Arising from the Minutes
f) Mayoral Minutes.
g) Notice of Motion of Rescission from Councillors.
h) Notice of Motion from Councillors.
i) Reports of Committees.
j) Reports from Staff.
k) Matters of urgency for which notice has not been given.
l) Confidential items.
m) Questions for Next Meeting
ORDINARY COUNCIL MEETING AGENDA
18 November 2014
TABLE OF CONTENTS
CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS
7
ORDINARY MEETING OF COUNCIL – 15 OCTOBER 2014
7
MAYORAL MINUTE
17
MO 09/14 OFFER OF BLADE FROM BOCO ROCK WINDFARM DEVELOPER
17
NOTICE OF MOTION FROM COUNCILLOR – CR S HASLINGDEN
19
NOTICE OF MOTION FROM COUNCILLOR – CR S HASLINGDEN
21
NOTICE OF MOTION FROM COUNCILLOR – CR D HAMPSHIRE
23
NOTICE OF MOTION FROM COUNCILLOR – CR S HASLINGDEN
25
NOTICE OF RESCISSION MOTION FROM COUNCILLOR – CR D HAMPSHIRE
31
NOTICE OF MOTION FROM COUNCILLOR – CR D HAMPSHIRE
33
REPORTS OF COMMITTEES
37
WASTE MANAGEMENT COMMITTEE – 17 JULY 2014
37
REPORTS FROM STAFF
41
FINANCE MANAGER
41
FM 17/14 REPORT ON COUNCIL INVESTMENTS
FM 18/14 SEPTEMBER QUARTERLY BUDGET REVIEW STATEMENT & QUARTERLY PERFORMANCE REPORT
41
45
CORPORATE SERVICES MANAGER
47
CSM 13/14 MODEL CODE OF CONDUCT COMPLAINTS REPORT
CSM 14/14 POLICY ON PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES TO THE MAYOR AND
COUNCILLORS
CSM 15/14 RE-APPOINTMENT OF SECTION 355 COMMITTEES
47
DIRECTOR ENGINEERING
67
DE 15/14 CAVEAT STREET TREES
DE 17/14 REQUEST TO REMOVE TREES – PLUNKETT STREET
67
71
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51
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ORDINARY COUNCIL MEETING AGENDA
18 November 2014
GENERAL MANAGER
75
GM 48/14
GM 49/14
GM 50/14
GM 51/14
75
77
79
83
SOUTHERN PHONE DIVIDEND 2013/14
FIT FOR THE FUTURE – RURAL COUNCILS WORKSHOP
REGIONAL LEGAL SERVICES PANEL
ANNUAL REPORT
DIRECTOR REGULATORY SERVICES
85
DRS 28/14 REFUND OF FEES DA.14.0015
DRS 29/14 RESUBMISSION OF MONARO REGIONAL WEEDS COMMITTEE AGREEMENT DRAFT
85
87
CONFIDENTIAL ITEMS
95
REPORTS FROM STAFF
97
GENERAL MANAGER
97
GM 52/14 UPDATE ON LEGAL MATTER
SECTION 10A(2)(G) ADVICE CONCERNING LITIGATION.
97
97
DIRECTOR ENGINEERING
98
DE 16/14 STOKES GRAVEL PIT – SALE OF GRAVEL
101
SECTION 10A(2)(C) INFORMATION THAT WOULD, IF DISCLOSED, CONFER A COMMERCIAL ADVANTAGE ON A PERSON WITH WHOM
THE COUNCIL IS CONDUCTING (OR PROPOSES TO CONDUCT) BUSINESS;
101
SECTION 10A(2)(D)(II) COMMERCIAL INFORMATION OF A CONFIDENTIAL NATURE, THAT WOULD, IF DISCLOSED: CONFER A
COMMERCIAL ADVANTAGE ON A COMPETITOR OF THE COUNCIL;
101
ATTACHMENT 1
105
ATTACHMENT 2
107
ATTACHMENT 3
109
ATTACHMENT 4
111
ATTACHMENT 5
113
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CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS
ORDINARY MEETING OF COUNCIL – 15 OCTOBER 2014
MINUTES OF THE ORDINARY MEETING OF BOMBALA COUNCIL HELD AT THE
DELEGATE HOTEL ON WEDNESDAY, 15 OCTOBER 2014, COMMENCING AT 6.30PM
ATTENDANCE
Mayor Robert J Stewart (in the Chair)
Councillors Bill Bateman, Steven Goodyer, Sue Haslingden, Diane Hampshire and Brad Yelds
PRESENT
General Manager (GM), Ms Ngaire McCrindle
Director of Regulatory Services (DRS), Mr Grantley Ingram
Director of Engineering (DE), Mr Peter Sullivan
Finance Manager (FM), Ms Jacqueline Chadwick
Economic Development Manager (EDM), Mrs Karen Cash
Corporate Services Manager (CSM), Mrs Robin Guthrie
APOLOGIES
RESOLVED: Yelds/Haslingden that the apology submitted on behalf of Councillor Ingram be
received and accepted.
18714
PUBLIC SUBMISSIONS AND QUESTIONS
Presentation by Delegate Progress Association (02.25.10)
M Ian Sellers, President of the Delegate Progress Association, was welcomed by the Mayor. Mr Sellers
responded by thanking Council for the opportunity to once again address Council and made the following
comments:
The new amenities block at the Sportsground was recently finished. Thanks and appreciation was
expressed to Council for the completion of this project and it is hoped that a similar facility can be
built at the Bill Jeffreys Caravan Park in the near future.

Mowing – the Association would like to talk to Council re the areas that require mowing. Bill
Jeffreys Park must be maintained.

Drainage issues still at corners of Church and William, Church and Bombala and Bombala Street
and Currowong Roads. The issues at the corner of Church and Bombala Streets were inspected
prior to the meeting.

There is also bogging near the toilets at the entrance to Memorial Park. The DE advised that
Council staff have fixed a leak in the main and there may also be a leak in the bubbler line. It is a
constantly wet area and very difficult to mow in a wet year.
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

Potable Water – The DE advised that the grant submitted after the public meeting had not been
successful, however it has been resubmitted to a second round of funding and Council was waiting
to hear the results of this application. The Mayor advised that the local MP is pushing hard to get
funding approved in the next round for this upgrade.
Footpath – the next section that the Association would like to see completed is from the Hotel to
past Delegate Motors and from the end of the footpath in Bombala Street to the bridge on the
eastern side of Bombala Street.

It was requested that all tree pruning and planting be done in consultation with the Progress
Association, in particular Mrs Doreen Standen.

There has been a request from a resident for maintenance work to be carried out on Baragry Road,
including the ramps.

The Men from Snowy River March celebration plans are progressing well. These will commence
with a series of launches of a book written by Natalie Armstrong and promotion days that include:
2 November 2014 – Delegate

9 November 2014 – Bombala

22 November 2014 – Cooma

23 November 2014 – Goulburn

3 December 2014 – Queanbyan with Dr Bendan Nelson

November 2015 – March re-enactment

January 2016 celebrations including Australia Day events normally held in Bombala being
moved to Delegate with Peter Fitzsimmons booked as the Guest of Honour. However, at this
stage sponsorship money may be needed for him to attend as he is not an Australia Day
Ambassador.

The Tennis Courts have been upgraded with funding obtained through the local state member – four
new poles have been erected with the assistance of Country Energy and volunteers. Local
contractors John Ratcliffe and Russell Carey have also been very helpful.
The surface now needs to be redone and quotes have been obtained for this. The Tennis Club still
holds a spring and autumn competition and it is the only organised sport in the town. Sixth class
children are also allowed to play in the competition.
The Mayor thanked Mr Sellers for his update and Mr Sellers once again thanked Council for allowing the
Association to present to Council.
Presentation from Mrs K Manning re Heavy Vehicle Parking Policy
The Mayor advised Council that Mrs Manning had spoken to him prior to the Council meeting requesting
permission to speak to Council re the Heavy Vehicle Parking Policy.
RESOLVED: Bateman/Haslingden that Council receive a presentation from Mrs K Manning
concerning the Heavy Vehicle Parking Policy.
188/14
Mrs Manning advised that she and her husband had lived at their present address since 1980. Under
Council’s Heavy Vehicle Parking Policy they are required to submit a development application to
Council because a school bus is garaged at their premises.
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Mrs Manning commented that she was aware that a precedent had been set in Bombala township where a
business had been operated since the 1970’s and that business had not been required to submit a
development application.
Mrs Manning had also approached Cooma-Monaro Council concerning this matter and a representative
had advised that they take each case on its merits and do not require a development application for
operators who wish to garage their buses out of town.
Mrs Manning concluded by requesting Council to consider exempting their business from Council’s
policy.
Cr Goodyer suggested that Mr and Mrs Manning forward a letter to Council outlining their concerns and
request.
Mrs Manning thanked Council for their time and vacated the meeting room.
CONFIRMATION OF MINUTES OF PREVIOUS MEETING
Ordinary Meeting – 17 September 2014
RESOLVED: Hampshire/Haslingden that the Minutes of the Ordinary Meeting held on 17
September 2014 be confirmed as a true and accurate record of such meeting.
189/14
Business Arising
Page 9 – Removal of Tree in Delegate Memorial Park (06.20.0)
Cr Goodyer enquired if this tree had been removed. The DE advised that this had not occurred as yet.
Page 9 – MO 06/14 - Fire Safety Upgrades to Existing Commercial Buildings (04.10.0)
Cr Bateman asked if this letter had been sent and the DRS advised that it had been.
Page 8 –DRS 18/14 - IPART Review of Local Government Compliance and Enforcement
Cr Yelds asked if this review had been forwarded. The DRS advised that it had been and he would
arrange for a copy of it to be sent to Councillors.
Page 11 – WM 03/14 – Application for School Bus Route (05.40.15)
Cr Haslingden asked if this matter had been progressed. The DE advised that he had forwarded details to
Carl Brough (Roads and Maritime Services) and Sam Morabito (NSW Police) and he was now awaiting
their comments. The Mayor advised that he had not organised a meeting with the applicant.
Page 12 – CSM 08/14 – Representation on Council Committees (08.52.21)
Cr Haslingden commented that the Timber Consultative Committee had not been re-appointed at the last
meeting. The GM advised that this Committee had been constituted in March for a period of two years
and it was therefore not necessary to re-appoint the members at the September Meeting.
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MAYORAL MINUTES
MO 07/14 – Fit for the Future (03.60.0099)
RESOLVED: Yelds/Hampshire that Council receive and note the information provided and write
to the Minister for Local Government expressing Council’s concern at the process that has been
followed, including the lack of consultation and short time frame, and advising that Council does
not consider this process to be in the best interests of the ratepayers.
190/14
MO 08/14 – Change of Date – November 2014 Council Meeting (08.52.20)
RESOLVED: Hampshire/Goodyer that Council change the date of the November 2014 Ordinary
Council Meeting to Tuesday, 18 November 2014 from Wednesday, 19 November 2014 and this
change, if adopted, be advertised in the local press.
191/14
NOTICE OF MOTION FROM COUNCILLOR DIANE HAMPSHIRE
Report on Southern NSW Local Health District Annual Public Meeting (02.35.0)
The Mayor expressed his thanks to Cr Hampshire for attending this meeting on behalf of Council.
Cr Hampshire added that the Southern NSW Local Health District was not debt free and that hopefully
additional funds will now be available for services. Also, it is envisaged that once the new hospital at
Bega is complete most of the patients from this area will be sent there.
RESOLVED: Bateman/Hampshire that Council note the report on the Southern NSW Local Health
District Annual Public Meeting.
192/14
ADOPTION OF ALL MATTERS IN THE BUSINESS PAPER WITH THE EXCEPTION OF
THOSE ITEMS WHICH HAVE BEEN WITHDRAWN AND WHICH ARE DULY REFERRED
TO IN ORDER IN THE BALANCE OF THESE MINUTES
The Mayor then called the Business Papers over page by page and noted the withdrawals made by
Councillors. The following reports were withdrawn:FM 15/14 – Cr Yelds
EDO 07/14 – Cr Goodyer
EDO 08/14 – Cr Goodyer
DE 13/14 – Cr Yelds
DE 14/14 – Cr Yelds
GM 42/14 – Cr Yelds
GM 44/14 – Cr Yelds
GM 45/14 – Cr Yelds
DRS 27/14 – Cr Yelds
RESOLVED: Hampshire/ Goodyer that all items in the business paper, with the exception of those
items which have been withdrawn, be adopted as follows:-
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Reports of Committees
Bombala Local Government Area Anzac Centenary Committee – 26 August 2014
RESOLVED: That the Minutes of the Bombala Local Government Area Anzac Centenary
Committee held on 26 August 2014 be received and noted and the recommendations contained
therein be adopted.
Reports from Staff – Finance Manager
FM 14/14 – Report on Council Investments
RESOLVED: That the report as presented by the Responsible Accounting Officer be received and
noted.
Reports from Staff – Economic Development Officer
EDO 09/14 – Monaro Education Foundation (03.45.0026)
RESOLVED: That Council donate $500 to the Monaro Education Foundation.
Reports from Staff – Works Manager
WM 05/14 – Road Closure for the 2014 Bombala Bike Show (05.75.10)
RESOLVED: That Council approve the road closure for the Annual Celebration of Motorcycles
pending Police approval.
Reports from Staff – Corporate Services Manager
CSM 11/14 – Pecuniary Interest Returns – 1 July 2013 to 30 June 2014
RESOLVED: That the tabling of Pecuniary Interest Returns for Councillors and designated staff
for the period of 1 July 2013 to 30 June 2014 and for the Finance Manager from 19 November 2013
to 30 June 2014, be noted.
CSM 12/14 – Re-appointment of Section 355 Committee (02.25.20)
RESOLVED: That the Delegate RSL Community Hall Committee be re-appointed under Section
355 of the Local Government Act, 1993.
Reports from Staff – General Manager
GM 46/14 – Administration Officer/Works Department Closure Christmas/New Year Period and Annual
Christmas Party (09.45.0)
RESOLVED:
1)
That Council’s Administration Office close from Thursday, 25 December 2014 to Friday, 2
January 2015 (inclusive), reopening on Monday, 5 January 2015, and that staff take
appropriate leave for that period. Further, that appropriate action be taken to adequately
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2)
3)
publicise these arrangements including emergency contact numbers for the office closure
period.
That the Works Department’s Christmas Break be from Monday, 22 December 2014 to
Friday, 2 January 2015 (inclusive) with staff returning to work on Monday, 5 January 2015
and that staff take appropriate leave for that period.
That Council close its offices from 1.00pm on Friday, 19 December 2014 for the annual
Christmas Party, reopening on Monda7, 22 December 2014, and from 4.00pm on Wednesday,
24 December 2014.
193/14
REPORTS WITHDRAWN FOR FUTHER DISCUSSION
Reports from Staff – Finance Manager
FM 15/14 – Internally Restricted Cash Reserves (03.45.0)
RESOLVED: Haslingden/Yelds that this report be deferred for consideration at the December
Meeting and after the Auditor has presented to Council.
194/14
Reports from Staff – Economic Development Manager
EDO 07/14 – Visitor Information Centre – Harvest House Proposal (06.52.60)
RESOLVED: Hampshire/Haslingden that this item be deferred for consideration at the December
Meeting, with additional information containing:


195/14
the problems of the current Visitor Information Centre,
the costs involved in bringing this building to a suitable standard, and
a summary of a cost benefit analysis of the new proposal.
ADJOURNMENT
RESOLVED: Goodyer/Bateman that Council adjourn for its dinner break at 7.51pm.
196/14
RESUMPTION
RESOLVED: Hampshire/Goodyer that Council resume with standing orders.
197/14
The meeting resumed at 8.23pm with all Councillors and all staff again present.
REPORTS WITHDRAWN FOR FUTHER DISCUSSION (CONT’D)
Reports from Staff – Economic Development Officer (Cont’d)
EDO 08/14 – Development of Bombala Pool Complex (02.75.5)
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MOVED: Yelds
That Council:
1.
Develop a plan to enhance the existing Swimming Pool Complex by the addition of a flexible
building to accommodate health and leisure businesses; and
2.
Seek expressions of interest from suitably qualified operators/businesses to lease the new
facility planned for the Swimming Pool Complex as part of this plan.
This motion LAPSED for want of a seconder.
RESOLVED: Haslingden/Goodyer that Council develop a plan and cost benefit analysis to
enhance the existing Swimming Pool Complex by the addition of a flexible building to
accommodate health and leisure businesses.
198/14
Cr Bateman requested that his vote be recorded against the motion.
Reports from Staff – Director of Engineering
DE 13/14 – Bombala Council Drinking Water Management System (07.02.0)
RESOLVED: Hampshire/Bateman Council resolve to adopt the Drinking Water Management
System (DWMS) which demonstrates Bombala Council’s compliance with Section 25 of the NSW
Public Health Act 2010 and this document be workshopped before the end of March 2015.
199/14
DE 14/14 – Reclassify Smith Road to Become an Unmaintained Council Road (05.40.0022)
RESOLVED: Hampshire/Yelds that Council approve the reclassification of Smith Road from a
Council maintained road to an unmaintained road.
200/14
Reports from Staff – General Manager
GM 42/14 – Review of Council Policies (08.52.25)
RESOLVED: Hampshire/ Goodyer that the information in this report be received and noted that
Council retain its existing Policy No 2.4.4 Investment Policy with the following amendment:Term to Maturity
Term & Cash Deposits – amended to “not more than 370 days” from “not more than 185 days”
201/14
Cr Yelds requested that his vote be recorded against the motion.
GM 44/14 – Fit for the Future (03.60.0099)
RESOLVED: Yelds/Bateman
a)
That Council:
1.
Receive and note the High Plains Fit for the Future Discussion Paper;
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b)
2.
Endorses the stages outlined in the Discussion Paper as a way forward; and
3.
That the General Manager be delegated authority to implement Stage 1 provided the
State Government agrees to fund the cost of this process.
That Council continue to investigate other options for a way forward to address the Fit for the
Future proposal including discussions with Bega Valley Shire Council.
202/14
GM 45/14 – ANZAC Centenary Project – Bombala Council Area (08.10.0003)
RESOLVED: Yelds/Hampshire that Council receive and note this report and endorse the actions of
the Bombala Local Government Area Anzac Centenary Committee in progressing the Centenary of
Anzac projects.
203/14
Reports from Staff – Director of Engineering
DRS 27/14 – Amendment to Policy 4.1.17 – Use of Public Roads (08.52.25)
RESOLVED: Bateman/Yelds that Policy 4.1.17, Use of Public Roads for sale or display of goods,
be amended to allow flags to be displayed subject to the following conditions:









204/14
The flag pole must be secured to the top of the kerb by a Council approved hold down device;
The hold down device must be flush mounted to the surface of the kerb and not constitute a
trip hazard when the flag is removed;
The premises must hold a current Use of Public Roads approval;
Only one flag on the kerb is permitted per street frontage per premises;
The hold down device and the flag pole must be located within 200 mm of an existing
permanent footpath structure (where the structure is at least 600 mm high) being an electricity
pole, a sign post, a garbage bin or the like.
Flags are not permitted to be installed within 1 m of a bench seat.
The hold down device and the flag must not constitute an obstruction or trip hazard to
pedestrians.
The flags may only be displayed while the business is open for trade.
All other requirements of the policy are met.
CLOSURE OF MEETING TO THE GENERAL PUBLIC TO CONSIDER CONFIDENTIAL
ITEMS
Reports from Staff – Finance Manager
FM 16/14 – Delegate Rural Transaction Centre
This item is classified CONFIDENTIAL under Sections 10A(2)(c) of the Local Government Act, 1993,
which permits the meeting to be closed to the public for business relating to the following reason:Information that would, if disclosed, confer a commercial advantage on a person with whom the Council
is conducting (or proposes to conduct) business;
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Public Interest Test
It is not in the public interest to discuss Report No FM 16/14 in Open Council because it concerns
commercial dealings that Council is conducting with the Delegate Rural Transaction Centre.
Reports from Staff – General Manager
GM 43/14 – Bombala Swimming Pool Operations – Expression of Interest (QN.14.0005)
This item is classified CONFIDENTIAL under Section 10A(2)(c) of the Local Government Act, 1993,
which permits the meeting to be closed to the public for business relating to the following reason:Information that would, if disclosed, confer a commercial advantage on a person with whom the Council
is conducting (or proposes to conduct) business;
Public Interest Test
It is not in the public interest to discuss Report No GM 43/14 in Open Council because it concerns
confidential matters concerning the Bombala Swimming Pool contract.
Council received no written representations in relation to the closure of Council’s meeting and as the one
member of the general public present vacated the Council Meeting Room prior to discussion of the
abovementioned matters , it was not necessary to invite verbal submissions on the closure to discuss the
matters listed above.
RESOLVED: Hampshire/Yelds:1.
That Council resolve into closed Council to consider matters associated with Report No FM
16/14 – Delegate Rural Transaction Centre and Report No GM 43/14 – Bombala Swimming
Pool Operations – Expression of Interest under Section 10A(2)(c) - Information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is conducting
(or proposes to conduct) business;
2.
That pursuant to section 10A(1)-(3) of the Local Government Act, 1993, the media and public
be excluded from the meeting on the basis that the business to be considered is classified
confidential under the provisions of Sections 10A(2)(c)
3.
That the correspondence and reports relevant to the subject business be withheld from access
to the media and public as required under Section 11(2) of the Local Government Act 1993.
205/14
Council closed its meeting at 9.30pm.
FM 16/14 – Delegate Rural Transaction Centre (03.45.0 & 02.25.10)
RESOLVED: Yelds/Bateman that Council enter into a new Revenue Collection Agency
Agreement with the Delegate Progress Association Rural Transaction Centre (RTC) including
appropriate performance measures.
206/14
GM 43/14 – Bombala Swimming Pool Operations – Expression of Interest (QN.14.0005)
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RESOLVED: Yelds/Hampshire that Council accept the Expression of Interest from Paul Perkins Raw Strength and Fitness to operate the pool for the upcoming 2014-2015 Swimming Season in
accordance with the contract for this service and Councillors be notified of the outcome of any
negotiations.
207/14
RESUMPTION INTO OPEN COUNCIL
RESOLVED: Hampshire/Goodyer that Council move out of Closed Council into Open Council.
208/14
Open Council resumed at 9.50 pm.
CLOSURE
There being no further business the meeting was declared closed at 9.51pm.
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MAYORAL MINUTE
File: SC114
MO 09/14
OFFER OF BLADE FROM BOCO ROCK WINDFARM DEVELOPER
RECOMMENDATION:
That Council accept the offer of CWP Renewables, the developer of the Boco Rock Windfarm, provided
that the cost of the installation is borne by the developer.
BACKGROUND:
Council has been offered a blade from the Boco Rock Windfarm development for permanent installation
in Bombala. After speaking to a representative from CWP Renewables I have been advised that the
company will meet all costs of installing the blade in Bombala. The Director of Engineering has
estimated that the cost of installation will be in the vicinity of $25,000. Council may need to consider
paying 50% if the interpretative signage costs estimated at $2,000.
The Economic Development Manager has advised that this blade could be installed in the community
garden area on the Railway Land precinct.
ISSUES:
This provides the opportunity to procure an interesting tourist and educational attraction in the area. The
installation of the blade could expand on the theme of the railway precinct of “Where the Past Meets the
Present” and encourage additional visitation to the railway land and Visitor Information Centre.
The installation of the blade would provide some continuity of involvement with the construction phase
of the windfarm which was of economic benefit to the area.
OPTIONS:
To accept or not accept the offer.
RELEVANT POLICY OR LEGISLATION:
Goal 2.5 of Council’s Delivery and Operational Plan.
FINANCIAL CONSIDERATIONS:
Council may have to consider funding part of the Interpretative Signage.
ENCLOSED DOCUMENTS:
Nil.
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NOTICE OF MOTION FROM COUNCILLOR – CR S HASLINGDEN
AMMENDMENTS TO THE BOMBALA RACECOURSE AND RECREATION GROUND
COMMITTEE CONSITITION
At the recent Bombala Racecourse and Recreation Ground Committee annual geeneral meeting held on 2
September 2014, the committee moved that the below changes be submitted in regards to changes to the
Constitution of the Committee to better guide the Committee:
Current reading:
Bottom of page 57: The Committee is not responsible for the upkeep or maintenance of the
area known as the Platypus Reserve, the road to the Platypus Reserve and the two
grids/ramps.
Proposed Amendment:
The Committee is not responsible for the upkeep or maintenance of the area known as the
Platypus Reserve, the road to the Platypus Reserve, the two grids/ramps or the #2 gravel pit.
Reason: The #2 gravel pit is under Council's control.
Current reading:
Also Bottom of page 57: Fencing of the property is the responsibility of the Committee, where
the Committee leases the remainder of the Racecourse Reserve to a third party, including the
upkeep of the internal fence between the Platypus Reserve and the remainder of the Racecourse
Reserve.
Proposed Amendment:
Fencing of the property is the responsibility of the Committee, except when the Committee
leases areas of the Racecourse Reserve. If a lease is in place, the tennant is responsable for
maintenance of all fencing (and with any 'neighbours' if applicable). The lease identifies the
fence between the Racecourse Reserve and the Platypus Reserve.
Reason:
The Committee do not recognise that it is their responsibility to maintain the fence between the Platypus
Reserve and the Racecourse area. The Committee carried that it is the responsibility of the 'neighbours' to
maintain any separating fence. The 'neighbours' in this case being the land users – the Racecourse Leasee,
Brownlie Brothers and the Platypus Reserve management.
The Platypus Reserve management have raised the issue that stock are entering the Platypus Reserve and
destroying vegetation. A recent inspection was carried out and no stock damage of vegetation was
obvious. It was considered that in fact ground cover was in good condition with native grasses still
carrying seed heads; whereas if the area had been stocked, the grasses would have been eaten.
Recommended:
In the best interest of this issue, it is recommended by the Committee that the Platypus Reserve
management put a padlock on the gate so that it cannot be accessed by unauthorised people and
accidently left open. It is advised that a key be given to the Leasee and also one be held by Council, so
that if any stock do wander into the Platypus reserve, they can be mustered out through the gate.
It is noted in the Lease of the Reserve that the Platypus Reserve is not to be stocked at any time.
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As with any boundary fence, after heavy rain events/rising river waters, that fences be
stock proof – by either party.
inspected to be
Current Reading: Half way down page 58:
Clause (c) be amended to:
The Committee Shall consist of
Two representatives from Bombala Council
Two representatives from the Bombala Campdraft Committee
Two representatives from the Bombala Pony Club
Two community representatives
Four representatives from the Bombala Jockey Club
From which representatives the Chairperson, Secretary and Treasurer will be appointed.
Proposed Amendment:
Clause (c) be amended to:
The Committee Shall consist of
Two elected representatives from Bombala Council
Any two representatives from the Bombala Campdraft Committee
Any two representatives from the Bombala Pony Club
Two elected community representatives
Any four representatives from the Bombala Jockey Club
From which representatives the Chairperson, Vice Chairperson, Secretary and Treasurer
will be appointed.
Reason: At a previous Annual General Meeting is was carried that any representative from a group could
vote on behalf of that group. We also do have a Vice Chair position.
Submitted by:
Clr Sue Haslingden
Secretary Treasurer
BRRGC.
Cr S Haslingden
6 November 2014
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NOTICE OF MOTION FROM COUNCILLOR – CR S HASLINGDEN
COMMUNITY ENERGY GRANT
RECOMMENDATION:
That Council convene a small working group to investigate the feasibility of a community energy project
such as a wind turbine, solar farm or biomass plant, and report their findings to Council for approval to
apply for a Growing Community Energy Grant.
BACKGROUND:
The Growing Community Energy grants are now open and will fund early stage development of
community energy projects, recognising that community energy projects face prohibitive start-up costs.
The grants will finance pre-feasibility studies, community engagement and planning to help create viable
community-owned business models that can attract further investment.
Further details are found at Growing Community Energy Guidelines:
http://www.environment.nsw.gov.au/resources/communities/140792growingcommunityenergy.pdf (This
link has been circulated ten days before the November Council meeting for Councillor reference.). Grant
application closes December 15th 2014. Proposed community-owned energy projects could be:
Community-Owned Wind Turbines:
Acknowledgment: http://hepburnwind.com.au/faq/ "Hepburn Wind is owned by its members, numbering
more than 1900 (as of 1 November 2011). Just over half of Hepburn Wind’s members identify as local to
the project.
Since each member receives a single vote at meetings, all members have an equal say. In order to ensure
that the interests of the local community remain paramount, the board aims to maintain majority local
ownership."
Acknowledgement: http://2degreesproject.com.au/Story/Victorian-town-wipes-out-its-carbon-footprintfor-power-generation:"So we produce enough renewable energy to meet our energy needs making us
carbon neutral for power generation. There are not too many communities who can say that. Our
members absolutely believe in climate change and are proud that we prevent about 12,200 tons of CO2
from being released into the atmosphere every year. On top of that our 2,000 members - the majority of
whom are locals - receive a financial return on the shares they've purchased."
Community-owned Solar Farms:
Acknowledgement: http://www.farmingthesun.net/projects.php?ptid=1 "Community Solar Farms.
The Community Solar Farm project enables local community members and organisations to pool microinvestments to build their very own large solar farm. At the same time this will enable the shift to
sustainability through more affordable solar electricity for a large, local electricity user."
Solar Power - The first initiative of Farming the Sun was a solar power bulk-buy program in partnership
with Ausenergy. It was made up of 4 separate stages and offers which utilised the various government
incentives available at the time.
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This achieved 552 kW of high quality solar power systems, including the first solar trackers in the region,
being installed on homes, farms and other buildings throughout the New England Region. More than a
dozen tradespeople were trained in solar system installation, including an innovative partnership with
BackTrack for young trainees."
Community-owned Biomass/Sewerage:
Acknowledgement: http://www.energyandresources.vic.gov.au/energy/sustainableenergy/bioenergy/bioenergy-sustainable-renewable-energy
"Biogases can be captured in landfills and sewage treatment ponds through collection pipes and flared
(burnt off) or used to generate bioenergy "
Cr S Haslingden
10 November 2014
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NOTICE OF MOTION FROM COUNCILLOR – CR D HAMPSHIRE
RECOMMENDATION:
That Council consider the purchase of Yaranbul Dreaming by Natalie Bateman. It is estimated that the
painting would cost $3,000.
BACKGROUND:
As we are platypus country, this picture is a creative and an impressionable artwork that reflects our
region and goal 6 in our Integrated Strategic Plan: Retain, promote historical, cultural and environmental
attributes.
It is currently on exhibition at the Bundian Gallery.
Natalie is a well-known and professional aboriginal artist: please refer to these links
http://southeastarts.org.au/OnlineGallery/AboriginalArtists/NatalieBateman.aspx
http://www.natsart.com.au/
http://www.natsart.com.au/recognition.htm
This painting would enhance the proposed updated Bombala Council office by either being placed in the
foyer or one of the meeting rooms/or mayor’s office.
Cr D Hampshire
10 November 2014
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NOTICE OF MOTION FROM COUNCILLOR – CR S HASLINGDEN
RECOMMENDATION:
That Council construct a school bus stop at the intersection of MR91 and Ferndale Rd and that works be
completed before the 2015 school year begins on January 28th.
The area has to be so designed to comply with all regulations and that the bus can pull in and out safely
and there is sufficient area for students to step back away from the bus.
BACKGROUND:
A report was to be brought to the October Council meeting:
WM 03/14 –Application for School Bus Stop (05.40.15)
RESOLVED:
Yelds/ Goodyer that the Engineering Manager consult further with the Bus Service
provider and Applicant and report to the next Council meeting.
Such a report was not presented at the last Council meeting. Therefore time has been lost and with
Christmas coming up, Councillor's should consider Option 1 as presented to the September Ordinary
Council Meeting: to build a school bus drop off zone at the intersection of Bombala/Cathcart/Main Road
91 and Ferndale Road.
Mr Peter Sullivan, our Engineer, provided concise information in the September report and that works
would cost about $5,000 and that funding is available via the Country Transport Infrastructure Grant as
advised by Mr Gregory Black, Transport NSW.
Further conversations with Mrs Jane Campbell and school bus operator Mr Tony Roberts, both agree that
a drop off zone opposite Ferndale Rd is the safest with the least risk, and most convenient location for all
users.
Mr Roberts has identified major risks with the other site further along the road previously identified:
unclear lines of vision/especially dangerous in foggy or inclement weather
trucks/vehicles gearing up/speeding to get up hill while the bus is slowing down to pull over to drop
off students
Mrs Campbell has also done a test run of this other site and says
she has an unclear line of vision in either direction even on a clear day
pulling out from the site to cross traffic to return to Ferndale Rd requires low gears and she cannot
build up sufficient speed to be safe in regards to vehicles coming through the cutting and down the
hill at 100km/h (at least) – or as Mr Roberts highlights, with vehicles gearing up for the hill whose
lane she has to cross. This would be especially dangerous in foggy, frosty and inclement weather.
Some time ago, a young family relation of Mr and Mrs Campbell was fatally injured after getting off a
school bus locally. This event has scared the family and also has greatly heightened their awareness in
regards to the risks involved with children, school buses, obscured vision, other vehicles using the road
and the importance of having reasonable access & space in the drop off zone.
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Cr S Haslingden
6 November 2014
DIRECTOR ENGINEERING NOTE for the Application for a New School Bus Stop on Cathcart Road
This is a briefing paper on the progress of the above-mention application and the various options that have been
suggested and considered. To date a response has been received from the RMS regarding their consideration of
the options and I am still waiting on a response from NSW Police.
Council has still to organise a meeting with the Bus Operator and the Applicant. After this is done a report to
Council will be forthcoming. In the background section of this paper are the option presented to the RMS for their
consideration. Council is still awaiting a response from the NSW Police regarding their considerations.
BACKGROUND:
Council has had a request for a new bus stop on the Cathcart Road (MR91) at the Ferndale Rd intersection. There
are a number of options at this location mainly to do with cost and also the applicants preference.
1. This option involves the suggestion to have the drop off and pick up points on the same side of the road
with the bus dropping off the kids whilst parking across the intersection with the bus door facing the
trafficable Lane.
I consider this manoeuvre to be dangerous if not illegal and I will not approve the bus operator to do this
unless advised otherwise. The operator would have to merge back onto the Cathcart Rd at an acute angle
which I believe is unsafe . The red line shows the Drop Off manoeuvre, blue is the pick-up manoeuvre.
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2. This option is the applicants’ preference. That is, to have the drop off and pick up points at the same
location i.e. Ferndale Lane. The estimated cost is $5000 to construct a new pull over bay suitable to
contain a bus well off the trafficable lane of Cathcart Road. The new bay would act as the drop off point
and the Ferndale Road side would be the pick-up point.
3. This option allows a more acceptable manoeuvre and would involve constructing a gravel turnaround bay
past the cattle grid on Ferndale Road so that the bus re-enters onto the Cathcart Road at a perpendicular
angle on the right side of the road. The red line depicts the drop off manoeuvre whilst the blue is the pickup line.
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4. This option utilises Carlyle Road 400 metres towards Cathcart as the drop off point. This is already suitable
for a bus pull over area and parents to park their car well off the road. The drop-off point would still be at
Ferndale Road. This requires no money to setup. The distance between the two points is 400 metres.
Looking East towards Cathcart along Cathcart Road at Carlyle Road Intersection.
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Looking We; towards Bombala along Cathcart Road at Carlyle Road Intersection.
This area does suffer from fog both in the morning and in the evening. There is good site distance at both
Ferndale Road and Carlyle Road.
FINANCIAL CONSIDERATIONS:
Option 4 – will have nil construction costs.
Options 2 and 3 will have an estimated construction costs in the vicinity of $4,000 to $5,000.
ENCLOSED DOCUMENTS:
RMS Email from Karl Brough
Hi Peter,
Just confirming our conversation earlier.
Regarding the first application for Cathcart Rd, proposal (1) for both drop off and pick up at the intersection of
Ferndale Rd is not desirable as the red line for the drop off manoeuvre is both illegal due to travelling along the
wrong side of the road and may be unsafe due to off loading passengers on the Cathcart Rd side. My thoughts
with these applications is that if there is a viable alternate options using existing infrastructure this is preferable
to creating new infrastructure. Often the facility may only be used for a few years and then becomes unused as
families move on or children leave school. On this basis I concur with your proposal (4) to investigate using
Carlyle Rd for drop off. While I appreciate there is an extra distance, this is only 400m which is not an
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unreasonable extra distance for a parent to drive. The only concern would be if the parents are unable to collect
their children by car then they would be forced to walk along the road or shoulder which is not desirable from a
safety perspective. If this is the case option (2) or (3) would need to be considered. Further information on the
ability of the parents to drive to the site would be necessary to make an informed decision.
Once the preferred option has been decided a more detailed assessment of the proposed site may be
undertaken. The Rural School Bus Guidelines prepared for Councils in the Riverina region that I forwarded earlier
(thanks to Sam) would be a useful tool in assessing the site suitability. It looks as though you have already
considered the sight distance issues. RMS does not have any additional guidelines that I can provide.
Regarding the second application, as it is on the Monaro Highway I will investigate and respond direct to the
applicant.
If we could convene a Traffic Committee meeting it would be a good opportunity to get everyone together to
consider this and any other issues. Please find following a link to the section of the RMS website covering Traffic
Powers and Traffic Committees It includes the document "A guide to the delegation to councils for the regulation
of traffic including the operation of Traffic Committees"
http://www.rms.nsw.gov.au/business-industry/partners-suppliers/guidelines/traffic-committees.html
Regards, Karl.
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NOTICE OF RESCISSION MOTION FROM COUNCILLOR – CR D
HAMPSHIRE
Rescission Motion re Motion 194/14
RECOMMENDATION:
That council rescind motion 194/14 pertaining to Report Number FM 15/14 – Internally Restricted Cash Reserves
presented to the October Council Meeting.
BACKGROUND:
At the workshop held on Thursday, 23 October 2014, between Councillors and senior staff, discussion
occurred on rescinding Motion 194/14.
Cr D Hampshire
24 October 2014
Cr B Bateman
24 October 2014
Cr R Stewart (Mayor)
24 October 2014
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NOTICE OF MOTION FROM COUNCILLOR – CR D HAMPSHIRE
RECOMMENDATION:
That, provided Motion No 194/14 is rescinded, Council reconsider Report No FM 15/14 – Internally
Restricted Cash Reserves.
BACKGROUND:
Council considered this report (below report from October meeting) at the October Meeting and deferred
it for consideration at the December Meeting after the Auditor’s presentation.
It is considered prudent for Council’s long term financial planning to consider the report at this meeting.
Cr D Hampshire
10 November 2014
FINANCE MANAGER
File: 03.45.0
FM 15/14 INTERNALLY RESTRICTED CASH RESERVES
RECOMMENDATION:
That the information in this report be received and noted.
BACKGROUND:
The closing balances (including the transfers to/from) of Council’s internally restricted reserves as per the
2013/14 Financial Statements are as follows;
Extract 2013/14 Financial Statements Note 6c. Restricted Cash, Cash Equivalents & Investments
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2014
Opening
Transfers to
Transfers from
Closing
$ '000
Balance
Restrictions
Restrictions
Balance
602
-
(602)
-
1,638
-
(19)
1,619
Employees Leave Entitlement
440
100
Carry Over Works
351
665
Internal Restrictions
Plant & Vehicle Replacement
Infrastructure Replacement
Community Development
-
540
(351)
665
15
-
-
15
Deposits, Retentions & Bonds
154
-
-
154
Economic Development
180
-
-
180
Emergency Services
150
-
(75)
Financial Assistance Grant
882
-
(882)
-
1,285
42
(13)
1,314
54
-
5,751
807
(1,942)
4,616
10,208
1,094
(2,178)
9,124
Snowy River Way Interest - Community Projects
Delegate Disadvantages Units
Total Internal Restrictions
TOTAL RESTRICTIONS
75
-
54
The purpose of each internally restricted reserve is outlined in Council Policy 2.4 (attached). It is
proposed that the reserves be further allocated into the followed specific projects as outlined in Council’s
Community Strategic Plan
Project
CSP
Goal
Snowy River
Way Int. Community
Projects
Infrastructure
Replacement
Economic
Community
Development Development
Delegate Main Street Upgrade
5
60,000
Harvest House
2
100,000
Community Buildings
4
214,000
Bombala Caravan Park
2
100,000
150,000
250,000
Seal Racecourse Road
5
150,000
100,000
250,000
Bombala Main Street
5
300,000
600,000
900,000
Endeavour Reserve Viewing Platform
2
40,000
40,000
Bicycle Path Plan & Associated Works
4
200,000
200,000
Pool Complex
4
Delegate Caravan Park
2
Bombala River Park
2
Social Enterprise business set up
Fencing & Landscaping Platypus
Reserve
1
2
9,000
9,000
Equipment Delegate Art Centre
Equipment Delegate Wood Working
Room
4
2,000
2,000
4
2,000
2,000
Equipment Men’s Shed
Bundian Way Infrastructure within
Bombala Council area
4
2,000
2,000
TOTAL
130,000
Total
190,000
100,000
200,000
214,000
300,000
300,000
150,000
150,000
150,000
150,000
80,000
6
80,000
200,000
1,314,000
1,630,000
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200,000
180,000
15,000
3,139,000
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18 November 2014
OPTIONS:
N/A
RELEVANT POLICY OR LEGISLATION:






Local Government Act 1993 (Section 413)
Local Government (General) Regulation 2005 (Section 205)
Local Government Code of Accounting Practice and Financial Reporting - Update 22
Council Policy No 2.4 Financial Control (Financial Reserves)
Council’s Integrated Community Strategic Plan 2014/2024
Council’s 4 Year Delivery Programs to 2017
FINANCIAL CONSIDERATIONS:
Nil
ENCLOSED DOCUMENTS:
Encl: Council’s Reserves Policy
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REPORTS OF COMMITTEES
WASTE MANAGEMENT COMMITTEE – 17 JULY 2014
MINUTES OF THE MEETING OF THE WASTE MANAGEMENT COMMITTEE HELD ON
17 JULY 2014 IN THE BOMBALA COUNCIL CHAMBERS, COMMENCING AT 5.30PM
PRESENT:
Cr Steve Goodyer (Chair)
Councillors Brad Yelds, Joe Ingram and Bill Bateman.
IN ATTENDENCE:
Ms Ngaire McCrindle, Council General Manager
Mr Steven Baldwin, Council Works Manager
Mr Terry Perkins, Urban Works Supervisor
Mr Peter Sullivan, Council Engineering Manager
APOLOGIES:
RECOMMENDED: B Yelds/Bateman that the apology submitted on behalf of Mr Mal Thompson be
received and accepted.
CONFIRMATION OF PREVIOUS MINUTES:
RECOMMENDED: B Yelds/s Goodyer that the minutes of the meeting held on the 29 July 2013 be
confirmed as a true and accurate record.
PECUNIARY AND NON-PECUNIARY INTEREST DECLARATIONS:
No pecuniary and non-pecuniary interests were declared by those attending the meeting.
BUSINESS ARISING FROM PREVIOUS MINUTES:
Draft Landfill Environmental Management Plan
Cr Yelds asked if anything had been done concerning the draft Landfill Environmental Management Plan
(LEMP). The DE advised that this was in draft form however it needed to be finally completed and
should be available by the end of September. He advised that the capital expenditure at the Bombala and
Delegate waste depots has ensured that Council is in far better position in relation to compliance with
EPA requirements. We are still working towards more in depth consideration given to the financial and
operation considerations.
Cr Yelds also expressed concern about the “wish list” and the plan and the potential for East Gippsland
Council to truck waste to the Delegate Waste Depot. The DE advised that it would need to go to
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Bombala and that the Bombala facility would need to become a licenced facility, which is not currently
required.
RECOMMENDED: B Yelds/W Bateman that:
1. The Draft LEMP for the Delegate Waste Depot be finalised by 30 September 2014 for approval by the
Committee meeting the minimum requirements of the EPA and Council;
2. An Implementation Plan and Option study be developed for the Delegate Waste Depot.
Tana Compactor
Cr Yelds asked about Tana report and the DE advised that a briefing note was given to Council in January
2014. Mr Perkins advised that from an operational point of view this machine has been extremely
successful in improving the trench performance and will increase the life of the site. It was agreed that
a further report will be provided at the next Waste Management Committee Meeting.
In the course of general discussion about operations of the Bombala waste depot Cr Goodyer asked about
drainage at the site and the DE advised this is in the budget. The chipper was discussed and Mr Perkins
advised that as burning is not a viable option and it is also costly the ability to use clean chipped waste as
fill in the trench should be cost effective. This process will be monitored over the next few months to
determine the budget implications. The DE also advised that these changes are being considered for
implementation because there are potential issues in regards to breaching the POEO Act as well as the
WH&S Act.
Waste Audit
Cr Yelds asked about the Waste Audit since the previous meeting. The DE advised that Council does a
quarterly audit of the waste received at the Bombala Waste Depot that complies with our statutory
reporting requirements.
Future Operation Direction
RECOMMENDED: B Yelds/J Ingram, that a report be provided to the next meeting comparing the
operation of the chipper in relation to burning of green waste.
SCAVENGING AT BOMBALA TIP:
The issue of scavenging at the Bombala tip has been reasonably quiet in the community. Staff are looking at the
idea of a tip shop which may provide business opportunities and add to revenue. Mr Perkins asked why not charge
for waste dumped at the tip as a business model would suggest that to do more with recycling, run a tip shop and
provide a better service would require fees.
It was agreed that a report on an overall plan for tip operations including a business plan to increase revenue and
bringing our waste depots up to standard, primarily addressed in the LEMP, will provide a way forward.
Cr Yelds left the meeting at 6.40pm.
SERRG CHARTER:
The draft South East Resource Recovery Group (SERRG) Charter of South East Regional Organisation of
Councils (SEROC) was tabled for information.
STRATEGIC PLAN:
The revised South East Regional Organisation of Councils (SEROC) Regional Waste Stream
Management Strategy 2012-2032 from SERRG was tabled for information.
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RECOMMENDED: W Bateman/J Ingram that the draft South East Resource Recovery Group (SERRG)
Charter and the revised South East Regional Organisation of Councils (SEROC) Regional Waste Stream
Management Strategy 2012-2032 be noted.
S.88 WASTE LEVY:
It was noted that the Local Government Association of NSW responded on behalf of NSW local
government on the Options Paper from the EPA to extend the waste levy under s.88 of the Act. LGNSW
strongly opposes this and strongly supports Option 1 – that the levy NOT be extended to areas outside the
current regulated area (i.e. cities). The DE advised that Council has also been working with SERRG/
SEROC on this and also supported Option 1.
OPERATING COSTS BOMBALA WASTE DEPOT:
The report on the operating costs of the Bombala Waste Depot were considered and the DE advised that
the overruns in 2013/14 were primarily because it cost $7,000 to remove mattresses and lounges during
the year, the Tana had issues with the old trench and materials such as steel damaging the cutting teeth
etc. As there is better compaction and cover this problem should be minimised in the future.
Cr Bateman asked about the removal of cooking oil drums in Delegate and was advised that Burchalls
provide this service in Bombala. Our Bombala Waste Depot does accept cooking oils.
URGENT GENERAL BUSINESS FOR WHICH NO DUE NOTICE HAS BEEN GIVEN:
Mr Perkins advised that Council needs to be aware that every now and then extra maintenance will be
required, e.g. removing wattle from fence or unexpected repairs to the Tana which may exceed the
budget.
Cr Ingram asked whether we should just get extra help for Mal to remove the TVs etc at Bombala
however the DE advised that Mal has been assisted in the loading of the shipping containers by
contractors and also other staff where possible. The collection regime meant that the loading of the ewaste into the shipping containers of legacy waste could be done over time. All e-waste brought in
recently is loaded directly into the containers by those disposing of it and so the Depot Operator does not
have to double handle these.
Cr Ingram asked about the signage for traffic moving around the site and whether it was an issue if it was
two-way traffic. The DE advised that it had not been an issue and that the sign directing traffic one
particular way could be removed.
Cr Ingram asked about the recording of number plates and the DE advised that that was just a component
of the waste audit required to be done by the EPA for reporting purposes. We did have a surveillance
camera in place to try and reduce the time taken to conduct this Audit by the Depot Operator, however it
was stolen.
DATE OF NEXT MEETING:
The next meeting of this committee will be held on 30 September 2014 at 5.00pm
CLOSURE:
The meeting closed at 7.38pm.
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REPORTS FROM STAFF
FINANCE MANAGER
File:
FM 17/14
REPORT ON COUNCIL INVESTMENTS
RECOMMENDATION:
That the report as presented by the Responsible Accounting Officer be received and noted.
BACKGROUND:
In accordance with legislation Council must be provided with a report setting out the details of all
funds that Council has invested.
ISSUES:
Nil
OPTIONS:
Nil
RELEVANT POLICY OR LEGISLATION:




Section 212 Local Government (General) Regulation 2005
Section 625 Local Government Act 1993
Council’s Investment Policy
Goal 7.4 of Council’s Integrated Community Strategic Plan.
FINANCIAL CONSIDERATIONS:
Nil
ENCLOSED DOCUMENTS:
Investments as at 31st October 2014
Cashbook to 31st October 2014
Comparison Report for 12 months to 31st October 2014
CERTIFICATION BY RESPONSIBLE ACCOUNTING OFFICER
In accordance with Clause 212 of the Local Government Regulation 2005, I certify that all investments
have been made in accordance with the Act, the regulations and Council’s investment policy.
Jacqueline Chadwick
Responsible Accounting Officer
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I N V E S T M E N T R E G I S T E R- Summary as at 31st October 2014
Reference
INVESTMENT DETAILS
Term (days)
12-709-2782
14-598-1313
13-600-0173
94-320-1502
94-792-2550
94-792-2825
39-306-4928
39-306-0572
84-214-8674
TERM DEPOSITS
Term Deposit (NAB) - Inv 2 REDEEMED -18/10/13 0.86 to chq a/c
Term Deposit (NAB) - Inv 3 REDEEMED 2/1/14 (1m to Inv 9)
Term Deposit (NAB) - Inv 4 REDEEMED - 15/10/13 2.3m to Inv 8 & 9
Term Deposit (NAB) - Inv 5
Term Deposit (NAB) - Inv 6
Term Deposit (NAB) - Inv 7
Term Deposit (NAB) - Inv 8 REDEEMED-14/3 (0.2 added to inv 10)
Term Deposit (NAB) - Inv 9
Term Deposit (NAB) - Inv 10
082-467 89-565-1006
Subtotal Term Deposits General Fund
AT CALL FUNDS
Cash Maximiser (NAB) Inv 1
At call
2.85
1,008,325.33
AA-
082-467 83-307-0046
General Fund Bank Account (NAB) - Inv 7
At Call
2.50
492,573.03
AA-
082-467 83-307-0150
Trust Fund Bank Account - closed 13/2/13
Subtotal At Call Deposits General Fund
At call
184
180
96
64
95
%
Amount Invested
Rating
3.65
3.61
3.51
1,200,000.00
2,000,000.00
2,000,000.00
AAAAAA-
25/02/2015
18/03/2015
14/01/2015
3.25
2.51
2,000,000.00
1,500,000.00
AAAA-
17/12/2014
17/12/2014
8,700,000.00
TOTAL FUNDS INVESTED
SUMMARY BY FUND TYPE
0.00 Trust
1,500,898.36
10,200,898.36
Total Investments General Fund-1
Total Investments Water Fund-2
5,725,045.90
2,249,463.15
Total Investments Sewer Fund-3
Total Investments Waste Fund-4
Total Investments Trust Fund
TOTAL FUNDS INVESTED (BY FUND)
2,073,230.91
153,158.40
0.00
10,200,898.36
SUMMARY BY FINANCIAL INSTITUTION
National Australia Bank
10,200,898.36
Newcastle Permanent
0.00
Westpac Banking Corporation
0.00
Bank West
TOTAL FUNDS INVESTED (BY FINANCIAL INSTITUTION)
0.00
10,200,898.36
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Maturity Date
AA-
ORDINARY COUNCIL MEETING AGENDA
18 November 2014
Cashbook Balance as at 31st October 2014
$492,573.03
Cash at Bank
Add: Outstanding Deposit
$475,991.44
$0.00
General Account
Trust Account
$
$0.00
-
Less: Unpresented deposits
Less: EFT Outstanding
Less: Unpresented Cheques
$19,702.77
$0.00
($3,121.18)
Balance as per Cashbook
$492,573.03
Limit of Overdraft at Bank
$1,000,000.00
Bank Statements
NAB - General Fund Bank account
Trust Account
000035
$475,991.44
$0.00
TOTAL CASH AT BANK
$475,991.44
Movement in Cash
12,000,000.00
10,000,000.00
8,000,000.00
Waste
6,000,000.00
Sewer
Water
4,000,000.00
General
2,000,000.00
0.00
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FINANCE MANAGER
File: 03.35.0
FM 18/14
SEPTEMBER QUARTERLY BUDGET REVIEW STATEMENT &
QUARTERLY PERFORMANCE REPORT
RECOMMENDATION:
1. That the information in this report be received and noted.
2. Adjust the adopted budget to reflect the recommended variations to income and expenditure as
shown in the Quarterly Budget Review Statement
BACKGROUND:
To inform Council of necessary changes to the 2014/15 budget and to fulfil the legislative requirement to
prepare and submit to the council a budget review statement not later than 2 months after the end of each
quarter (except the June quarter).
RELEVANT POLICY OR LEGISLATION:
Clause 203(1) of the Local Government (General) Regulation 2005
Council’s Operational Plan 2014/15 and Delivery Program 2013/14 to 2016/17
Integrated Planning and Reporting Guidelines 2010
FINANCIAL CONSIDERATIONS:
Various
ENCLOSED DOCUMENTS:
ATTACHMENT 1: Quarterly Budget Review Statement and Quarterly Performance Report to 1 July to
30 September 2014
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CORPORATE SERVICES MANAGER
File: SC88
CSM 13/14
MODEL CODE OF CONDUCT COMPLAINTS REPORT
RECOMMENDATION:
That the Model Code of Conduct Complaints Report be noted.
BACKGROUND:
Under the Model Code of Conduct Procedures each Council’s Complaints Co-ordinator must, within
three months of the end of September each year, report on a range of complaints statistics to the Council
and to the Office of Local Government. This report is attached.
The Office has advised that it intends to publish this data.
ISSUES:
Nil – this is an annual reporting requirement.
OPTIONS:
Nil.
RELEVANT POLICY OR LEGISLATION:
Clause 12.1 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in
NSW.
Goal 7.3 of Council’s Integrated Community Strategic Plan
FINANCIAL CONSIDERATIONS:
Nil.
ENCLOSED DOCUMENTS:
Encl: Model Code of Conduct Complaints Statistics Report.
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Model Code of Conduct Complaints Report
Number of Complaints
1 a
b
The total number of complaints received in the period about councillors
and the general manager under the code of conduct
0
The total number of complaints finalised in the period about councillors and
the general manager under the code of conduct
0
Overview of Complaints and Cost
2 a
The number of complaints finalised at the outset by alternative means by
the General Manager or Mayor
0
b
The number of code of conduct complaints referred to a conduct reviewer
c
The number of code of conduct complaints finalised at preliminary
assessment by conduct reviewer
0
d
The number of finalised code of conduct complaints investigated by a
conduct reviewer
0
e
The number of finalised code of conduct complaints investigated by a
conduct review committee
0
f
Number of finalised complaints investigated where there was found to be
no breach
0
g
Number of finalised complaints investigated where there was found to be a
breach
0
h
Number of complaints being investigated that are not yet finalised
i
The total cost of dealing with code of conduct complaints within the period
made about councillors and the general manager including staff costs
0
0
$0
Preliminary Assessment Statistics
3 The number of complaints determined by the conduct reviewer at the
preliminary assessment stage by each of the following actions:
a
To take no action
0
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b
To resolve the complaint by alternative and appropriate strategies
c
To refer the matter back to the general manager or the Mayor, for
resolution by alternative and appropriate strategies
0
d
To refer the matter to another agency or body such as, but not limited to,
the ICAC, the NSW Ombudsman, the Office or the Police
0
e
To investigate the matter
f
To recommend that the complaints coordinator convene a conduct review
committee to investigate the matter
0
0
0
Investigation Statistics
4 The number of investigated complaints resulting in a determination that there
was no breach, in which the following recommendations were made:
a
That the council revise it's policies or procedures
b
That a person or persons undertake training or other education
0
0
5 The number of investigated complaints resulting in a determination that there
was a breach in which the following recommendations were made:
a
That the council revise any of its policies or procedures
b
That the subject person undertake any training or other education relevant
to the conduct giving rise to the breach
c
That the subject person be counselled for their conduct
d
That the subject person apologise to any person or organisation affected by
the breach
e
That findings of inappropriate conduct be made public
f
In the case of a breach by the general manager, that action be taken under
the general manager’s contract for the breach
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0
0
0
0
0
0
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g
In the case of a breach by a councillor, that the councillor be formally
censured for the breach under section 440G of the Act
0
h
In the case of a breach by a councillor, that the matter be referred to the
Office for further action
0
Categories of misconduct
6 The number of investigated complaints resulting in a determination that there
was a breach with respect to each of the following categories of conduct:
a
General conduct (Part 3)
b
Conflict of interest (Part 4)
c
Personal benefit (Part 5)
d
Relationship between council officials (Part 6)
e
Access to information and resources (Part 7)
0
0
0
0
0
Outcome of determinations
7 The number of investigated complaints resulting in a determination that there
was a breach in which the council failed to adopt the conduct reviewers
recommendation
0
8 The number of investigated complaints resulting in a determination that there
was a breach in which the council's decision was overturned following a review
by the Office of Local Government
0
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CORPORATE SERVICES MANAGER
File: SC168
CSM 14/14 POLICY ON PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES
TO THE MAYOR AND COUNCILLORS
RECOMMENDATION:
That Council adopt the attached policy on Payment of Expenses and the Provision of Facilities to the
Mayor and Councillors.
BACKGROUND:
Each year Council is required to adopt a policy on the payment of expenses and the provision of facilities
to the Mayor and Councillors.
As required, the Policy has been placed on public exhibition for 28 days. No submissions were received
concerning the Policy during the exhibition period.
The amendments made to the Policy are in bold and reflect:Changes to Monetary Limits for Meals and Daily Expenses.
Changes to Travel payments when a private car is used.
ISSUES:
Nil – this is required under Legislation.
OPTIONS:
Add additional expenses or remove expenses that Councillors can claim under this policy. Add additional
facilities that Councillors can be provided with.
RELEVANT POLICY OR LEGISLATION:
Section 252 of the Local Government Act, 1993.
Goal 7.3 of Council’s Delivery Program 2013/14 to 2018/17
FINANCIAL CONSIDERATIONS:
Nil.
ENCLOSED DOCUMENTS:
Encl: Adopted and Amended Policy 7.4.1
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PRESENT POLICY
PAYMENT OF EXPENSES
AND PROVISION OF FACILITIES
FOR MAYOR
AND COUNCILLORS
POLICY NO: 7.1.4
Adopted Via Min No: 213/13 of 20 November 2013
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INTRODUCTION
Under the Local Government Act, 1993 (Section 252) Council is required to adopt a policy regarding the
payment of expenses and the provision of facilities to the Mayor and Councillors.
This policy is a combination of two previous Council policies (2.1.1 and 2.1.4). It is written taking into
account:Guidelines issued by the Department of Local Government,
Updated Guidelines of October 2009 issued by the Division of Local Government, Department of
Premier and Cabinet,
Circular No 11-27 from Division of Local Government, Department of Premier and Cabinet, of 21
September 2011.
PURPOSE OF THE POLICY
This policy aims to establish guidelines for the reimbursement and payment of expenses incurred by
Councillors in attending conferences, seminars, training and development and other events relevant to
local government. The purpose of this policy is to ensure that there is accountability and transparency in
the re-imbursement 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.
OBJECTIVES
Describe the level of support and assistance offered to the Mayor and Councillors in performing their
roles by the provision of equipment and facilities.
Ensure that Councillors should not be out-of-pocket as a result of performing and discharging their civic
duties.
Ensure that any reimbursements claimed by Councillors must be for expenses actually incurred in
performing their civic duties.
PAYMENT OF EXPENSES
Reasonable out of pocket expenses will be met for Council delegates required to attend conferences,
seminars, training/development sessions or the like, outside the Council area, where this has been
approved. It is expected that after returning from a conference Councillors will provide a report to
Council. No travel expenses will be paid for travel within the Council area.
No payment of general expense allowances will be made.
No private benefit, other than incidental, will accrue to Councillors from expenses paid or facilities
provided.
Accommodation – sharing of rooms: Council shall where practicable ensure all accommodation is single
occupant only. Where this is not practicable no more than two occupants per room should be allowed.
Accommodation Costs and Standard. Council will pay the cost of accommodation in the hotel where the
conference, seminar or training course is being held or the nearest accommodation of a similar standard.
Accommodation should be of a minimum of a 3 star rating.
Monetary Limit – Accommodation: Limit shall be $300.00 per day.
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Accommodation – Orders: An official Council order should be issued for all accommodation where
practical.
Accommodation – Check out: The Attendee is to check and certify the account on leaving the
accommodation.
Non-Covered Items: The attendee is responsible for all charges incurred that are not covered under
Council policy. Where an attendee incurs expenses that are not covered by the Council these charges are
to be paid for by the attendee on departure from the accommodation.
Meals & Daily Expenses: The monetary limit for meals will be $82.00 per day. No alcohol will be paid
for by Council. The monetary limit for daily expenses, - taxi fares, refreshments, parking and tolls will be
$150.00 per day.
Travel: Use of Private Vehicle: Where a Council vehicle is made available and the attendee chooses to
use their own vehicle no reimbursement will be made for the cost of using the private vehicle.
Travel: No Council Vehicle Available: Where a Council vehicle is not available and the attendee is
required to use their own private vehicle, the attendee will be reimbursed in accordance with the rate as
set out in clause 14(ix)(a) of the Local Government State Award as follows:
Motor Vehicle under 2.5 litres (normal engine capacity) – $0.65c per km
2.5 litres (normal engine capacity) and over - $0.75c per km
Travel: Associated Costs: Where an attendee takes a Council vehicle or is required to take their private
vehicle, all costs associated with that travel may be claimed by the attendee, eg, parking and road tolls –
monetary limit will be $50.00 as advised in Point 7 above.
Travel: Responsibility for Fines: Any fines incurred while travelling in private or Council vehicles on
Council business will be the responsibility of the Councillor incurring the fine.
Travel: Other Forms of Transport: Where it is more practical for travel to occur via rail or air travel this
can occur at the discretion of the Mayor or Deputy Mayor.
Travel: Overseas: Any request for overseas travel must be considered at an open Council meeting
through a report presented by the Mayor or General Manager. This report should detail who would
undertake the travel, the objectives to be achieved, including the community benefits that would accrue
and costs involved including any amount expected to be reimbursed by participants.
Telephone: Telephone calls for Council business will be covered by Council. Telephone calls to the value
of $5.00 per day for telephone calls only to the immediate family of the attendee will be covered by
Council.
Claims for Reimbursement – Need for Receipts: Councillors are required to provide evidence of expenses
incurred by providing appropriate receipts and tax invoices. Where receipts are not provided no
reimbursement will be made. Claims for re-imbursement must be submitted within two months of
incurring the expenditure.
Cash Advances: Cash advances must be requested at least seven days before required and must be
reconciled within seven days of returning.
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Under no circumstances will spouse/accompanying persons expenses be paid by Council.
APPROVAL PROCESS
Where possible, approval for discretionary trips for attendance at conferences, seminars and
training/development should be approved by a full meeting of Council. If this is not possible then
approval should be given by the Mayor and Deputy Mayor. If the Mayor requires approval to travel
outside of Council Meetings it should be given by the Deputy Mayor and another Councillor.
Legal Expenses: Council may, provided a resolution of council directing such action has been recorded,
indemnify or reimburse reasonable legal expenses of a Councillor, provided that the outcome of the legal
proceedings is favourable to the councillor, in the following circumstances:Defending an action arising from the performance in good faith of a function under the Local
Government Act, or
Defending an action in defamation.
For proceedings for an inquiry, investigation or hearing into a councillor’s conduct by an appropriate
investigative or review body, including
Local Government Pecuniary Interest and Disciplinary Tribunal
Independent Commission Against Corruption
Office of the NSW Ombudsman
Division of Local Government, Department of Premier and Cabinet
NSW Police Force
Director of Public Prosecutions
Council’s Conduct Review Committee/Reviewer.
provided the subject of the proceedings arises from the performance in good faith of a councillor’s
function under the Act and the matter has proceeded past any initial assessment phase to a formal
investigation or review. Legal costs will only be made available in the case of a conduct complaint made
against a Councillor, where the matter has been referred by the General Manager to a conduct
reviewer/conduct review committee. In the case of a pecuniary interest or misbehaviour matter legal
costs will only be made available where a formal investigation has been commenced by the Division of
Local Government.
Legal costs will only be provided where the investigative or review body makes a finding that is not
substantially unfavourable to the Councillor.
If there is any doubt in relation to any of the above legal advice will be sought on the matter.
(e)
Council will NOT meet legal costs for:-
Legal proceedings initiated by a councillor under any circumstances.
A Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious
remedy for possible defamation.
Legal proceedings that do not involve a Councillor performing their role as a Councillor.
18.
Carer Expenses: This has not been provided for in Council’s policy because at this stage it is not
considered necessary.
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PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS
Under no circumstances are council resources/facilities to be used for political purposes.
The following facilities to be provided to Councillors and Mayor
Access to a vehicle for attendance at meetings, seminars or training/development authorised by Council
under the following conditions:Booking of the car to be done through Council’s Corporate Services Department.
Councillors will pick up and return vehicle to Council’s offices or where it is garaged, whatever is
the most practical. The vehicle must be returned with a full tank of fuel.
Except in the case of an emergency the vehicle is not to be driven by anyone other than the
Councillor who has booked the car.
Councillors are requested to report any mechanical problems or defects as soon as practical.
Any accident involving damage to Council’s vehicle or a third party must be reported
immediately.
The vehicle must not be used for private purposes.
Any fines incurred while travelling in Council vehicles on Council business will be the
responsibility of the Councillor incurring the fine.
Provision of secretarial support for Council related activities.
Standard issue business cards.
Name Badges.
Postage of official Council correspondence through Council’s mail system.
Meals and refreshments at Council and committee meetings, workshops and other meetings associated
with Council’s operations.
Insurance: Councillors to be covered for Public Liability, Professional Indemnity, Councillors Liability
and Personal Accident.
Meeting room for Council related business.
The following facilities to be provided to the Mayor in addition to the above.
Provision of a vehicle to be used on Council business and all fuel, repairs, maintenance and running
expenses associated with the vehicle.
Fuel Card for use with Mayoral vehicle.
Provision of a mobile telephone to be used on Council business.
Provision of an office for conducting the business of the Mayor, complete with laptop computer.
Provision of secretarial support for council activities.
MONETARY LIMITS
Council will meet the cost of providing a mobile telephone to the Mayor including maintenance, monthly
service and access fees and call charges up to a maximum of $150.00 per month.
ACQUISITION OF EQUIPMENT
Should the Mayor desire to keep the mobile telephone allocated by Council at the end of his/her term
application should be made to the General Manager to purchase such equipment. The General Manager
in conjunction with the Finance Manager will determine a fair market price for the item.
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REVIEW OF POLICY
This policy must be reviewed annually and forwarded to the Division of Local Government, Department
of Premier and Cabinet.
HISTORY OF POLICY
AUTHORISATION:
Min No:
184/07
Date:
24/10/2007
AMENDMENT
Min No:
169/08
Date:
15/10/2008
Reason for
Amendment
AMENDMENT
To bring Policy into line with requirements of the
Local Govt Department.
105/09
Min No:
Date: 18/11/2009
Reason for
Amendment
REVIEWED
Point No 17 amended to bring Policy into line with
requirement & guidelines issued Oct 2009 of the
Division of Local Govt, Dept of Premier & Cabinet
132/10
Min No:
Date: 20/10/2010
AMENDMENT
Min No:
Reason for
Amendment
Monetary Limits added to bring Policy into line
with requirements issued under Circ No 11-27 from
the Division of Local Government, Department of
Premier and Cabinet.
136/12
Min No:
Date: 21/11/2012
AMENDMENT
Reason for
Amendment
181/11
Date:
23/11/2011
Monetary Limits updated to comply with Local
Government Award for payment for use of motor
vehicles
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PROPOSED AMENDED POLICY
PUBLIC EXHIBITION COPY
PLEASE DO NOT REMOVE
PAYMENT OF EXPENSES
AND PROVISION OF FACILITIES
FOR MAYOR
AND COUNCILLORS
POLICY NO: 7.1.4
PLACED ON PUBLIC EXHIBITION
FROM
15 OCTOBER 2014
TO
12 NOVEMBER 2014
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INTRODUCTION
Under the Local Government Act, 1993 (Section 252) Council is required to adopt a policy regarding the
payment of expenses and the provision of facilities to the Mayor and Councillors.
This policy is a combination of two previous Council policies (2.1.1 and 2.1.4). It is written taking into
account:
Guidelines issued by the Department of Local Government,

Updated Guidelines of October 2009 issued by the Division of Local Government, Department of
Premier and Cabinet,

Circular No 11-27 from Division of Local Government, Department of Premier and Cabinet, of 21
September 2011.
PURPOSE OF THE POLICY
This policy aims to establish guidelines for the reimbursement and payment of expenses incurred by
Councillors in attending conferences, seminars, training and development and other events relevant to
local government. The purpose of this policy is to ensure that there is accountability and transparency in
the re-imbursement 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.
OBJECTIVES



Describe the level of support and assistance offered to the Mayor and Councillors in performing
their roles by the provision of equipment and facilities.
Ensure that Councillors should not be out-of-pocket as a result of performing and discharging their
civic duties.
Ensure that any reimbursements claimed by Councillors must be for expenses actually incurred in
performing their civic duties.
PAYMENT OF EXPENSES
Reasonable out of pocket expenses will be met for Council delegates required to attend conferences,
seminars, training/development sessions or the like, outside the Council area, where this has been
approved. It is expected that after returning from a conference Councillors will provide a report to
Council. No travel expenses will be paid for travel within the Council area.
No payment of general expense allowances will be made.
No private benefit, other than incidental, will accrue to Councillors from expenses paid or facilities
provided.
1.
Accommodation – sharing of rooms: Council shall where practicable ensure all accommodation is
single occupant only. Where this is not practicable no more than two occupants per room should be
allowed.
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2.
Accommodation Costs and Standard. Council will pay the cost of accommodation in the hotel
where the conference, seminar or training course is being held or the nearest accommodation of a
similar standard. Accommodation should be of a minimum of a 3 star rating.
3.
Monetary Limit – Accommodation: Limit shall be $300.00 per day.
4.
Accommodation – Orders: An official Council order should be issued for all accommodation where
practical.
5.
Accommodation – Check out: The Attendee is to check and certify the account on leaving the
accommodation.
6.
Non-Covered Items: The attendee is responsible for all charges incurred that are not covered under
Council policy. Where an attendee incurs expenses that are not covered by the Council these
charges are to be paid for by the attendee on departure from the accommodation.
7.
Meals & Daily Expenses: The monetary limit for meals will be $89.60 per day (this is in line
with Council’s adopted policy 2.1.1). No alcohol will be paid for by Council. The monetary
limit for daily expenses, - taxi fares, parking and tolls will be $150.00 per day (this is exclusive
of the $89.60 for meal allowance).
8.
Travel: Use of Private Vehicle: Where a Council vehicle is made available and the attendee
chooses to use their own vehicle no reimbursement will be made for the cost of using the private
vehicle.
9.
Travel: No Council Vehicle Available: Where a Council vehicle is not available and the
attendee is required to use their own private vehicle, the attendee will be reimbursed in
accordance with the rate as set out in the Local Government State Award as follows:
Motor Vehicle under 2.5 litres (normal engine capacity) – $0.68c per km
2.5 litres (normal engine capacity) and over - $0.78c per km
10.
Travel: Associated Costs: Where an attendee takes a Council vehicle or is required to take their
private vehicle, all costs associated with that travel may be claimed by the attendee, eg, parking and
road tolls – monetary limit will be $150.00 as advised in Point 7 above.
11.
Travel: Responsibility for Fines: Any fines incurred while travelling in private or Council vehicles
on Council business will be the responsibility of the Councillor incurring the fine.
12.
Travel: Other Forms of Transport: Where it is more practical for travel to occur via rail or air
travel this can occur at the discretion of the Mayor or Deputy Mayor.
13.
Travel: Overseas: Any request for overseas travel must be considered at an open Council meeting
through a report presented by the Mayor or General Manager. This report should detail who would
undertake the travel, the objectives to be achieved, including the community benefits that would
accrue and costs involved including any amount expected to be reimbursed by participants.
14.
Telephone: Telephone calls for Council business will be covered by Council. Telephone calls to the
value of $5.00 per day for telephone calls only to the immediate family of the attendee will be
covered by Council.
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15.
Claims for Reimbursement – Need for Receipts: Councillors are required to provide evidence of
expenses incurred by providing appropriate receipts and tax invoices. Where receipts are not
provided no reimbursement will be made. Claims for re-imbursement must be submitted within
two months of incurring the expenditure.
16.
Cash Advances: Cash advances must be requested at least seven days before required and must be
reconciled within seven days of returning.
17.
Under no circumstances will spouse/accompanying persons expenses be paid by Council.
Approval Process
Where possible, approval for discretionary trips for attendance at conferences, seminars and
training/development should be approved by a full meeting of Council. If this is not possible then
approval should be given by the Mayor and Deputy Mayor. If the Mayor requires approval to travel
outside of Council Meetings it should be given by the Deputy Mayor and another Councillor.
18.
Legal Expenses: Council may, provided a resolution of council directing such action has been
recorded, indemnify or reimburse reasonable legal expenses of a Councillor, provided that the
outcome of the legal proceedings is favourable to the councillor, in the following circumstances:a)
Defending an action arising from the performance in good faith of a function under the Local
Government Act, or
b)
Defending an action in defamation.
c)
For proceedings for an inquiry, investigation or hearing into a councillor’s conduct by an
appropriate investigative or review body, including
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Local Government Pecuniary Interest and Disciplinary Tribunal
Independent Commission Against Corruption
Office of the NSW Ombudsman
Division of Local Government, Department of Premier and Cabinet
NSW Police Force
Director of Public Prosecutions
Council’s Conduct Review Committee/Reviewer.
provided the subject of the proceedings arises from the performance in good faith of a
councillor’s function under the Act and the matter has proceeded past any initial assessment
phase to a formal investigation or review. Legal costs will only be made available in the case
of a conduct complaint made against a Councillor, where the matter has been referred by the
General Manager to a conduct reviewer/conduct review committee. In the case of a pecuniary
interest or misbehaviour matter legal costs will only be made available where a formal
investigation has been commenced by the Division of Local Government.
Legal costs will only be provided where the investigative or review body makes a finding that
is not substantially unfavourable to the Councillor.
(d)
If there is any doubt in relation to any of the above legal advice will be sought on the matter.
(e)
Council will NOT meet legal costs for:-
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(i)
(ii)
Legal proceedings initiated by a councillor under any circumstances.
A Councillor seeking advice in respect of possible defamation, or in seeking a nonlitigious remedy for possible defamation.
(iii) Legal proceedings that do not involve a Councillor performing their role as a
Councillor.
19.
Carer Expenses: This has not been provided for in Council’s policy because at this stage it is not
considered necessary.
PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS
Under no circumstances are council resources/facilities to be used for political purposes.
The following facilities to be provided to Councillors and Mayor
1)
Access to a vehicle for attendance at meetings, seminars or training/development authorised by
Council under the following conditions:
Booking of the car to be done through Council’s Corporate Services Department.

Councillors will pick up and return vehicle to Council’s offices or where it is garaged,
whatever is the most practical. The vehicle must be returned with a full tank of fuel.

Except in the case of an emergency the vehicle is not to be driven by anyone other than the
Councillor who has booked the car.

Councillors are requested to report any mechanical problems or defects as soon as practical.

Any accident involving damage to Council’s vehicle or a third party must be reported
immediately.

The vehicle must not be used for private purposes.

Any fines incurred while travelling in Council vehicles on Council business will be the
responsibility of the Councillor incurring the fine.
2)
3)
4)
5)
6)
Provision of secretarial support for Council related activities.
Standard issue business cards.
Name Badges.
Postage of official Council correspondence through Council’s mail system.
Meals and refreshments at Council and committee meetings, workshops and other meetings
associated with Council’s operations.
Insurance: Councillors to be covered for Public Liability, Professional Indemnity, Councillors
Liability and Personal Accident.
Meeting room for Council related business.
7)
8)
The following facilities to be provided to the Mayor in addition to the above.
1)
2)
3)
4)
5)
Provision of a vehicle to be used on Council business and all fuel, repairs, maintenance and running
expenses associated with the vehicle.
Fuel Card for use with Mayoral vehicle.
Provision of a mobile telephone to be used on Council business.
Provision of an office for conducting the business of the Mayor, complete with laptop computer.
Provision of secretarial support for council activities.
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Monetary Limits
Council will meet the cost of providing a mobile telephone to the Mayor including maintenance, monthly
service and access fees and call charges up to a maximum of $150.00 per month.
Acquisition of Equipment
Should the Mayor desire to keep the mobile telephone allocated by Council at the end of his/her term
application should be made to the General Manager to purchase such equipment. The General Manager
in conjunction with the Finance Manager will determine a fair market price for the item.
REVIEW OF POLICY
This policy must be reviewed annually and forwarded to the Office of Local Government.
HISTORY OF POLICY
AUTHORISATION:
Min No:
184/07
Date:
24/10/2007
AMENDMENT
Min No:
169/08
Date:
15/10/2008
Reason for
Amendment
AMENDMENT
To bring Policy into line with requirements of the
Local Govt Department.
105/09
Min No:
Date: 18/11/2009
Reason for
Amendment
REVIEWED
Point No 17 amended to bring Policy into line with
requirement & guidelines issued Oct 2009 of the
Division of Local Govt, Dept of Premier & Cabinet
132/10
Min No:
Date: 20/10/2010
AMENDMENT
Min No:
Reason for
Amendment
Monetary Limits added to bring Policy into line
with requirements issued under Circ No 11-27 from
the Division of Local Government, Department of
Premier and Cabinet.
136/12
Min No:
Date: 21/11/2012
AMENDMENT
Reason for
Amendment
REAFFIRMED
181/11
Date:
23/11/2011
Monetary Limits updated to comply with Local
Government Award for payment for use of motor
vehicles
20 November 2013 – no changes to previous policy.
Min No: 213/13
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CORPORATE SERVICES MANAGER
File: SC55 & SC62
CSM 15/14
RE-APPOINTMENT OF SECTION 355 COMMITTEES
RECOMMENDATION:
That the following Committees be re-appointed under Section 355 of the Local Government Act, 1993:Delegate Pre-School Committee
Mila Country Club
BACKGROUND:
On a per annum basis Council’s Section 355 Committees are required to submit (if applicable) their fees
and charges, annual report, financial statement and appointment of office bearers and committee
membership.
This information for the 2012 and 2013 calendar years has been received from the Delegate Pre-School
Committee.
The information for the 2012/13 and 2013/14 financial years has been received from the Mila Country
Club.
Previously Council resolved that a list of office bearers and fees charged by the Committees also be
advised. The following information is therefore supplied:Delegate Pre-School Committee
Office Bearers
Chairperson
Secretary
Treasurer
Matthew Farran
Nerida Manning
Paul Taranto
Fees
$72.00 per day
$48.00 per ½ day for children under 2
Mila Country Club
Office Bearers
Chairperson
Secretary
Treasurer
A C Moreing
D K Moreing
D K Moreing
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Description of Fee or Charge for Hire of
Facilities
$
GST
$
TOTAL
$
Hire of Hall (per day with heaters)
20.00
2.00
22.00
Hire of Hall (per day no heaters)
15.00
1.50
16.50
Hire of Hall (per half day)
10.00
1.00
11.00
ISSUES:
Nil - all required paperwork has been submitted by the Committee.
OPTIONS:
Council not re-appoint the Committee.
RELEVANT POLICY OR LEGISLATION:
Section 355 of the Local Government Act.
Goal 4.4 of Council’s Operational Plan 2014/15
FINANCIAL CONSIDERATIONS:
Nil
ENCLOSED DOCUMENTS:
Nil
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DIRECTOR ENGINEERING
File: SC209
DE 15/14
CAVEAT STREET TREES
RECOMMENDATION:
For the information of Council.
BACKGROUND:
The previous resolution relating to the Caveat Street trees is as follows:
1) Remove existing elm trees located under the power lines on the south western side of Caveat Street,
between Maybe and Wellington Streets, in consultation with Essential Energy and Council request
Essential Energy to remove the trees.
2) Seek expert advice on the tree outside Kothes Offices.
3) Retain all other trees, including the two Conker trees, in Caveat Street between Maybe and Wellington
Streets.
4) Further consult residents of Caveat Street on tree themes and sequencing the removal and replacement
based on their feedback. Essential Energy has been consulted regarding this. Consultation letter has been
delivered and feedback received. A report to Council on the feedback will be presented to the November
Meeting.
This report relates to Point 4 of the resolution. Further consultation was conducted on the 11th August
2014. Only two responses were received during this round of consultation. Both basically indicated that
they were happy for Council to take the lead with the original proposal to remove the trees and replace
with suitable species.
ISSUES:
The main issues will be the cost of doing the work as reported previously to Council. An expert arborist
will be engaged to determine the healthiness of the tree outside of the Kothes Office. This will decide
whether this tree will be removed or just pruned.
OPTIONS:
For the information of Council.
RELEVANT POLICY OR LEGISLATION:
Council Policy 5.2.2 – Tree Management – Bombala and Delegate Townships.
FINANCIAL CONSIDERATIONS:
As previously reported.
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ENCLOSED DOCUMENTS:
Encl: Comment from Resident and Copy of Letter sent to residences, letter from Resident
Comment form Resident via email - survey for caveat trees - they will leave in professional hands as council
knows best :)
Mr Peter Sullivan
06.20.10 (SULLIVAN/bj)
11 August 2014
Householder
Caveat Street
Bombala NSW 2632
Dear Householder
Re: Proposal to Replace Existing Street Trees In Caveat Street
This letter is further follow up to the proposal for a new street tree planting schedule for Caveat Street
between Maybe Street and Wellington Street. Council would like to provide an opportunity for residents
to be involved in developing the streetscape for this section of Caveat Street.
Council has considered the comments from the community regarding the proposal and has resolved to:
1. Remove existing Elm trees located under the power lines on the south western side of Caveat
Street, between Maybe and Wellington Streets, in consultation with Essential Energy.
2. Keep the two Chestnut trees at the Caveat Street and Maybe Street intersection.
3. Seek expert advice on the tree outside Kothes Offices before any decision is made on its future.
4. Further consult residents of Caveat Street on tree themes and sequencing the removal and
replacement based on their feedback.
Council would like to request any feedback or suggestions you may have regarding the species of the
replacement trees. Preferred species must be selected giving due consideration to its appropriateness for
the location i.e. powerlines, footpaths, kerb and gutter, road, water and sewer infrastructure.
If you have any questions or require further information please contact Peter Sullivan on (02) 6458 3555.
Yours faithfully
PETER SULLIVAN
DIRECTOR OF ENGINEERING
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DIRECTOR ENGINEERING
File: SC209
DE 17/14
REQUEST TO REMOVE TREES – PLUNKETT STREET
RECOMMENDATION:
That the request for the existing trees to be removed and replacement trees planted, be approved and put
on Councils’ works schedule.
BACKGROUND:
Council may recall a report in the September meeting 2013 presenting a request from a home owner in
Plunkett Street asking for the removal of vegetation growing in a large thicket along the road reserve
boundary fence (Please see attached photo).
Council received a request from the property owners of 14 Plunkett Street for Council assistance in the
removal of plants growing out the front of this property within the road reserve. The reasons for the
request include the unsightly appearance of the vegetation and the opportunity to replace with more
attractive plant species that will add to the visual amenity of the street.
The owners have also sought approval for planting replacement trees within the road reserve and have
offered to provide the replacement plants consisting of Mop Tops and Conifers to improve the amenity of
the streetscape.
At the September 2013 meeting Council resolved that the request for the existing trees to be removed and
replacement trees planted adjacent to 14 Plunkett Street, be approved, at the cost of the landowner and
should the landowner not wish to fund the work it be placed in the unfunded list of works for
consideration in the next Community Strategic Plan.
The landholder has not responded to the letter informing them of the resolution but has once again sought
the assistance of Council.
ISSUES:
The stand of vegetation contains a number of different species including Blackberry and African
Boxthorn, Willow and other deciduous species. Some of these species are considered weeds within the
local area.
The vegetation is unsightly and growing through the fence of the property owner causing damage to it.
The vegetation has also spread into the landowners’ property from the road reserve.
The vegetation could also be protecting the downstream drainage channel from serious erosion. The
waterway has been observed to carry very fast flowing and large volumes of stormwater and the trees and
vegetation would have an energy dissipation effect which could be preventing the start of gully erosion.
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If the vegetation was removed at the point the waterway enters the road reserve it would be highly
probable that some erosion protection of the waterway would be necessary at this point adding to the cost
of the project.
It would appear that the boundary fence is actually on the correct boundary alignment and position and
therefore the trees and shrubs are on Council land.
OPTIONS:
1. That the request for the existing trees to be removed and replacement trees planted, be approved
and put on Councils works schedule.
2. Council undertake part of the requested works to clear the boundary fence of the plants growing
through it.
3. That Council do not approve the request for assistance.
RELEVANT POLICY OR LEGISLATION:
Tree Policy
FINANCIAL CONSIDERATIONS:
For Option 1 the estimated cost for just removing the trees and weeds will amount to approximately
$2500 - $3000.
ENCLOSED DOCUMENTS:
Encl:
RESIDENTS ORIGINAL PROPOSAL
Sent: Monday, 20 October 2014 10:45 AM
To: Council
Subject: Clearing up of Council outgrown Bushes follow up requests.
To: Bombala Council,
71 Caveat Street, Bombala NSW 2632
In the attention of: Peter O'Sullivan,
Engineering Manager
Dear Peter
Re: Clearing up of Outgrown Bushes and plants - On Council property
at 14 Plunkett Street, Bombala, NSW 2632.
We are following up our previous approach to your office by direct emails and conversation on
our last year's request for the clearing up of outgrown plants and bushes at Council property on the
above address in view of the proposed fencing installation surrounding the
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property. We were informed last year that this will be taken up by the council within this
financial year.
As this is now the month of October 2014, may we please have a courtesy follow up on this
persistent requests of chopping and clearing up those outgrown bushes to enable us to pursue the
proposed project of relatively improving the area by fencing installation which
will only create a pleasing view on the neighbourhood.
Your kind and preferential response on this matter will be appreciated.
Yours faithfully
RESIDENTS ORIGINAL PROPOSAL
Proposal to Plant Mop Top Robina trees and Couple of Conifers in-Between on Council Property
(Upfront) :
Following our personal approach to your office and made this in writing; may we
request in courtesy to seek your permission/approval to plant the following on the council area
in -front of the property at 14 Plunkett St., Bombala , NSW 2632; details as under;
(1) Proposal for planting of Mop Top Robina trees (at least 5 to 7 trees) in one line with a couple
of Juniperus chinensis ‘Spartan’ in-between as beautiful specimen trees , all with deep green
foliage. These trees only grow to a height of 3-4 meters, and were not very tall trees, delineated
to form a desirable straight line appearance.
The purpose was to block the roadside *(public) view and give certain privacy, security, and style
to beautify the place for the suburb. Since the council area was large enough to contain these
trees and cover the front location , this will positively give an added suitable
attraction in the council area and to create a pleasing view along the road.
(2) Planting of Climbing roses (on 3 arches) for the Metal flower plant stands in front of the
property to formulate a scheme along the trees line.
Purpose: Beautify the front of the property to match up the Mop Top Robina Trees proposed.
(3) At the same time, coherent with this proposal, can we please take this opportunity to inquire
if possible If the council trucks are delivering the top soil which suits for gardening purposes (
as the council area - re: in front of the property, were coarse and not that suitable soil
for planting). Would you please advise where we can avail from the council a truckload of
top soil as this will help to make the soil more friable to convert and improve the soil
structure in the council area.
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GENERAL MANAGER
File: 01.02.02
GM 48/14
SOUTHERN PHONE DIVIDEND 2013/14
RECOMMENDATION:
That the information be noted.
BACKGROUND:
Council is a shareholder in the Southern Phone Company Limited, a local government-owned
telecommunications provider. This report provides details of the Southern Phone Company Dividend for
the financial year 2013-2014. The company is a national full-service telecommunications provider
offering fixed line, mobile and internet services to customers in all states of Australia.
There are 41 councils that hold two shares each in Southern Phone, purchased for $1 each. Southern
Phone is an unlisted Public Company and is believed to be the most successful commercial enterprise yet
developed by a group of councils in Australia. Only councils can hold shares in the company, with the
shareholding being a means of returning profits to the community.
Sothern Phone’s revenues grew by more than 13% to $85.2 million over the year and their profit rose by
6.2% to $8.2 million.
As a consequence, the Board has declared an increased total shareholder dividend of$3,000,000, up from
a dividend of $2,700,000 in 2012-2013. The dividend payable to Bombala Council is $21,088.66 and
will be paid next February.
The dividend is paid to a formula where 20% is split equally among all 41 shareholders and 80% is paid
according to the amount of business generated in the council’s area. Effectively the more people in the
Bombala Council area who use Southern Phone as their service provider, the more dividend Council
receives.
RELEVANT POLICY OR LEGISLATION:
Integrated Community Strategic Plan 2013/2023
FINANCIAL CONSIDERATIONS:
The dividend paid to Council this year is $21,088.66.
ENCLOSED DOCUMENTS:
ATTACHEMENT 2: Southern Phone Letter and Dividend List
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GENERAL MANAGER
File: SC160
GM 49/14
FIT FOR THE FUTURE – RURAL COUNCILS WORKSHOP
RECOMMENDATION:
That Council note the information on the Rural Councils Workshop.
BACKGROUND:
Following an invitation to Council, the Mayor and General Manager attended the Office of Local
Government’s (OLG) Rural Councils Workshop in Sydney on 3 November 2014 at which 20 Councils
were present. Minister Toole attended the Workshop for part of the morning.
This workshop was one of two held to explore the concept of a “Rural Council”. The second workshop
was held in Dubbo on 5 November 2014. The Workshop looked at the context and drivers we are facing
including cost shifting, excessive regulation and reporting and the fact that all the Councils present are
increasing office staff and decreasing works staff although it was acknowledged that this is partly due to
improved technology. Other key drivers are service delivery, representation and the fact that small rural
communities have significant volunteer support and community “ownership” unlike larger councils.
Considering their capacity to raise revenue it was agreed that many small councils “punch above their
weight” in delivering services and are often very responsive and innovative in solving their local
problems. All rural and regional councils currently operate services that councils in cities do not do such
as aged care, many community services like community transport, medical facilities, etc. It was noted
that all small councils in regional NSW are survivors and have had to significantly innovate just to
continue to date.
So in order not to decimate services and population further in rural and regional NSW thought was given
into how local government could potentially be structured to reduce red tape, improve income streams,
provide a sense of community and place together with local sovereignty and keep jobs in rural towns.
Councils often provide a delivery service for State agencies such as RMS and play an important role in
emergency management.
Some ideas that were considered were looking at the federal assistance grants (FAGs) formula (decided
nationally) and the OLG advised that all States are currently working on this with the Australian
Government. Also depending on the structure of a Joint Organisation (JO) of councils it may be possible
for various functions to be shared or undertaken by one council for others, allowing for a lower operating
cost. For example strategic planning and land use planning may be delivered over a number of councils
as none have the need or ability to employ full time expertise.
Participants identified 9 core functions and services that a Rural Council is responsible for:
 Governance – IP&R, elections,
 Agency for State/Federal – RMS, Service NSW, etc.
 Operational functions – water, sewer, roads, parks, footpaths, etc.
 Economic development – tourism, business attraction and facilitation, etc.
 Community services – preschool, library, medical, caravan park, halls, museums, airport, etc.
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



Advocacy services – on behalf of community, education, health, etc.
Emergency services – fire, flood, etc.
Regulation services – ranger, animals, weeds, health, building, town planning, etc.
Administration services – records management, IT, HR, WHS, financial management, etc.
These functions and services are listed in order of considered priority where the functions at the bottom of
the list were ones that could be done elsewhere or by some other organisation.
It was acknowledged at the workshop that in order to achieve sustainability of rural and regional local
government in the long run the system of measurement firstly needs to more accurately reflect the reality,
e.g. 60% own source revenue is not possible in almost all cases and FAGs should be included.
Secondly it was acknowledged that just putting together two or three “broke” rural councils with large
areas, small populations and lots of small communities, water and sewer schemes and long distances of
roads, achieves nothing but a larger “broke” council. It will achieve potentially higher costs to the
communities, less service, less local representation, less sense of place and community. In other words it
really does not achieve anything positive and has the potential to further decimate small rural towns in
regional NSW.
Next Steps
After the consultant finishes the reports they are circulated and these documents have now been received
and are attached. The OLG is then starting to develop a draft model Rural Council and will be issuing a
policy paper on this towards the end of November. At the same time they hope to develop by the end of
the year a clearer articulation of a Rural Council and set up the Rural Council template for Councils to
work through in the new year. After this we will need to consider our options, talk to our community and
develop a response by 30 June 2015.
OPTIONS:
As yet unknown.
RELEVANT POLICY OR LEGISLATION:
N/A
FINANCIAL CONSIDERATIONS:
N/A
ENCLOSED DOCUMENTS:
ATTACHMENT 3: Copies of Responses from the Sydney and Dubbo Workshops
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GENERAL MANAGER
File: SC324
GM 50/14
REGIONAL LEGAL SERVICES PANEL
RECOMMENDATION:
That Council agree to continue the term of appointment of the Legal Services Panel for two years from 1 June
2014.
BACKGROUND:
Council resolved on 18 January 2012 (Minute 12/12)
1. Council advise SEROC that it supports the process to appoint a Regional Panel for Legal
Services and will be a potential user of the Panel.
2. Council authorises SEROC under Section 377 of the Local Government Act 1993 to undertake
the tender process on its behalf.
3. Council notes that any decision regarding any tender recommendation by SEROC will need to
be formally made by Council.
In reviewing SEROC project commitments, the Executive Officer has identified that the Legal Services
Panel contract expired on 1 June 2014. However, the conditions of appointment are as follows:
The term of appointment is for two years commencing 1 June 2012, with an option for a further two year
appointment at the discretion of Council.
A template letter has been provided to all SEROC member councils to be placed on each individual
council’s letter head to allow this contract to be extended for a further two years. Each Council needs to
individually decide to extend this contract under our current legislation. This letter is attached.
This agreement has been operating successfully for two years. Bombala Council has used the services of
at least one of these firms during the last two years. Councils are obviously not bound to a certain
volume of business and are free to appoint other law firms to provide legal services.
Until such time as the Act is amended, under Section 377 of the Local Government Act 1993, Council
may delegate the tendering process to SEROC; however, the acceptance of any tenders must be carried
out by Council itself. Therefore each Council needs to resolve to continue with this agreement.
OPTIONS:
1.
That Council agree to continue the term of appointment of the Legal Services Panel for two years from 1
June 2014.
2.
That Council not sign this letter to continue the term of appointment of the Legal Services Panel for two
years from 1 June 2014.
RELEVANT POLICY OR LEGISLATION:
Local Government Act 1993
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FINANCIAL CONSIDERATIONS:
Not applicable as dependent on individual use
ENCLOSED DOCUMENTS:
Encl: Template letter from SEROC for each Council
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GENERAL MANAGER
File: FY110
GM 51/14
ANNUAL REPORT
RECOMMENDATION:
That the Annual Report for 2013/14 be adopted.
BACKGROUND:
Each year Council is required to produce an Annual Report. This incorporates what information the
Council would like to advise to its constituents as well as certain information required by legislation. This
report covers the period 1 July 2013 to 30 June 2014.
ISSUES:
Issues are covered in the document itself and as such are not repeated here.
OPTIONS:
Modify the Annual Report as seen fit.
RELEVANT POLICY OR LEGISLATION:
The document has been produced in accordance with the various legislative and regulatory guidelines
prescribed in the Local Government Act, 1993.
FINANCIAL CONSIDERATIONS:
Nil.
ENCLOSED DOCUMENTS:
ATTACHMENT 4: Annual Report for 2013-14.
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DIRECTOR REGULATORY SERVICES
File: DA.14.0015
DRS 28/14
REFUND OF FEES DA.14.0015
RECOMMENDATION:
That Council do not refund any fees relating to DA 14.0015
BACKGROUND:
Council recently received a development application for a new gravel quarry at Tombong. Upon
lodgement and payment of fees ($395) staff identified a number of significant omissions in the
application. After discussion between staff, the applicant and their surveyor the applicant decided to
withdraw the application and submit a fresh application containing all of the required information.
The new application was lodged and new fees were paid at the time of lodgement. This application is
currently being processed.
Subsequently the applicant has requested Council (letter attached) to consider a refund of the fees paid on
the withdrawn application DA 14.0015.
ISSUES:
The refund of fees is a matter for Council’s consideration. Council have previously not been inclined to
offer refunds in such circumstances. The matter of setting precedence needs to be considered.
Also for consideration are the costs associated with staff time in dealing with the development application
when received.
OPTIONS:
Offer a full refund of fees. This may be seen as setting precedence.
RELEVANT POLICY OR LEGISLATION:
Environmental Planning and Assessment Act 1979
FINANCIAL CONSIDERATIONS:
If a refund is made income will decrease.
ENCLOSED DOCUMENTS:
Encl: Applicants request.
Sent: Monday, 3 November 2014 3:13 PM
To: Council
Subject: Re DA fees refund
To whom it may concern
We are requesting a refund for our first DA fees for D & L High Country Earthworks that we have now
paid twice as we pulled our DA out to add some more information as requested and when we resubmitted
our application we had to pay the fees again. Could someone from the Shire please advise on how we get
these back.
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DIRECTOR REGULATORY SERVICES
File: SC79
DRS 29/14
RESUBMISSION OF MONARO REGIONAL WEEDS COMMITTEE
AGREEMENT DRAFT
RECOMMENDATION:
Council resolve to Affix Council Seal to the reviewed and updated MRWC Agreement.
BACKGROUND:
This agreement was brought before Council at the November 2013 Meeting and brought back before
Council at the January 2014 meeting. Council resolved to Affix Council Seal to the agreement.
Reports from Staff – Director of Regulatory Services
DRS 01/14 – Affixing of Council Seal to the Monaro Regional Weeds Committee Agreement
(04.45.0009)
RESOLVED: That the Council Seal be affixed to the Monaro Regional Weeds Committee Agreement.
07/14
At the last Monaro Regional Weeds Committee Meeting held on Wednesday 26th July 2014 it was
identified that the MRWC Sec 355 Committee Agreement was still an outstanding action item. Reason
being that there were outstanding Cooma Council concerns over member organisations renaming as well
as a concern about Clause 8, Dot Point 10.2.
At the meeting held on 26th July 2014 the following decision moved.
c)
MRWC Agreement
Discussion occurred on Section 8, the last dot point. “Host Council is to be compensated for costs
associated with the administration of the MRWC including mailing, telephone. Computer/Email and
vehicle costs”. Back in 2011 there was a group discussion that the Host Council is earning interest
on the funds held within its accounts and therefore this clause could possibly be
deleted.
The
Committee moved that this clause is maintained as there may not always be the amount of funds
within the account (earning interest) but status quo is that the Host Councils have not been seeking
reimbursement for these costs. Coordinator to update member names and redistribute for Councils
next meetings.
Moved: Winston Phillips
Second: Vickii Wallace
Carried.
ISSUES:
Nil
OPTIONS:
Not affix the seal. This may compromise the current MRWC funding arrangements.
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RELEVANT POLICY OR LEGISLATION:
Local Government Act 1993.
FINANCIAL CONSIDERATIONS:
Nil
ENCLOSED DOCUMENTS:
Encl: Draft Monaro Regional Weeds Committee Agreement.
MONARO REGIONAL WEEDS
COMMITTEE AGREEMENT
This Agreement was made on 14th April 1999 with a view to formalising a closer working relationship for
the control of noxious weeds in the participating Local Government areas of Bombala Council, CoomaMonaro Shire Council and Snowy River Shire Council and to encourage participation of other land
management agencies to be a part of the Committee. This Agreement was reviewed in July 2014.
1. AUTHORITY OF COMMITTEE
By virtue of Section 355 of the Local Government Act 1993, two or more Councils may enter into an
agreement for the carrying out jointly of works or undertakings authorised by any Act or for the joint
performance of duties or exercise powers under any Act for the mutual benefit of their areas.
By the same Section, it is enacted that such agreement may provide for the control, regulation,
maintenance and management of such works and undertakings or for the control, regulation and
management of the performance of such duties or exercise of such powers either by the Councils
themselves, jointly or by a joint Committee, which may be composed either wholly of members of the
Councils or partly of members of the Councils and partly of Council Officers.
By the same Section, it is enacted that the Councils may in such agreement delegate to a joint Committee
the relevant powers as are specifically mentioned.
By virtue of Section 355 of the Local Government Act 1993, any expenditure incurred by a Council in
pursuance of this Agreement shall be lawful expenditure.
The Councils have agreed to constitute a joint Committee for the mutual benefit of their respective areas.
2. TITLE OF COMMITTEE
The title of the Committee shall be the “Monaro Regional Weeds Committee”.
3. CONSTITUTION OF THE COMMITTEE
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A joint Committee (hereinafter called the Committee) shall be constituted of:

The Mayor, or his/her delegate, of each Council;

The General Manager, or his/her delegate, of each Council;

The Chief Weeds Officer of each Council, or his/her delegate;

A representative from:















NSW Department of Primary Industries
NSW Office of Environment and Heritage (NPWS)
Forestry Corporation of NSW
Upper Snowy Landcare
Snowy River Interstate Landcare
Upper Murrumbidgee Landcare
McLaughlan River Landcare
NSW Farmers Association Bombala/Delegate District Council
NSW Farmers Association Cooma District Council
South East Local Land Services
Snowy Hydro Limited
Roads and Maritime Services
Essential Energy
Friends of Grasslands
Country Regional Infrastructure Authority
Voting Rights:
That recommendations be adopted by consensus.
4. PRINCIPAL OFFICE BEARERS
1.
Chairperson of Committee
The Committee shall, at its first meeting and each two years, or on resignation, elect a Councillor
as Chairperson. In the event of the absence of the Chairperson at a meeting, the Deputy
Chairperson will act as Chairperson.
2.
Deputy Chairperson
The Committee shall, at its first meeting and each two years, or on resignation, elect a Councillor
as Deputy Chairperson.
3.
Secretary of Committee
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Host Council to provide minutes secretary for recording, typing and distribution of minutes.
Action emanating from the minutes to be dealt with at a Council or other land management
agency level.
4.
Co-ordinator of Committee
With the approval of the Committee, the Host Council may appoint a Co-ordinator to assist with the
administration of the workings of the Committee. This Coordinator would be funded through annual
contributions from Committee members and outside funding where available.
5. MEETINGS OF THE COMMITTEE
Location of meetings to be rotated amongst participating Councils. At its first meeting, the Committee is
to determine the timing of regular meetings. Other meetings to be held at the discretion of the
Chairperson and/or the Committee.
6. QUORUM OF COMMITTEE
A quorum to consist of eight members, with at least 2 representatives from each participating Council
(Staff or Councillors).
7. DELEGATION OF POWER
Subject to requirements of Section 377 of the Local Government Act 1993, the Council’s delegate to the
Committee the power to carry out the functions as listed within this Agreement. The Committee does not
have the authority to expend a Council’s, or other organisations, funds without the express authority of
that Council or Organisation.
8. FUNCTIONS OF COMMITTEE
 To provide a ‘Regional Forum’ to develop strategies and make recommendations to Councils, Land
Management Agencies and Landholders for the implementation of weed control programs.
 To investigate resource sharing activities between participating Councils and other relevant
organisations. These activities are to include, but not be limited to, training programs, specialist
equipment, technology and expertise and the provision of support staff in some instances.
 To initiate and participate in regional programs and to actively encourage participation of other land
management agencies where benefit flows to the participating Councils and Land Management
Agencies. Each program is to be considered on its merits.
 To implement a Regional weeds strategy encompassing the areas of the participating Council‘s
incorporating various Landcare, Departmental and Council weeds plans.
 To present a common approach to Government in applications for grant funding for noxious weed
control on the Monaro.
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 To initiate discussion on common classification of weeds within the participating Council areas and
implement where possible.
 Subject to Section 50 of the Noxious Weeds Act 1993, to recommend selected authorisation of
neighbouring Weeds Staff, to carry out inspections on properties, where required.
The agreed parameters to include:

Weeds Officers to nominate who to carry out the inspections of properties in this
category.

Property owners to be notified.

In relation to properties where common boundaries pass through that property:

Parameters defined as:
 location of homestead;
 Proportion of property in Council area and
 Access.

Formalisation of an agreement to cover authorisation of such an activity across Council
boundaries.

Agreement to contain suitable details of properties affected and relate only to an
inspectorial role at present.
To co-ordinate weeds helicopter inspection programs where possible to minimise cost of helicopter hire.
 To pursue the joint purchase of herbicides for the control of noxious weeds.
 To investigate the implementation of uniform recording, mapping and reporting systems within the
participating Councils.
 To undertake a continuing active educational and information transfer program.

To implement a system whereby spray crews are authorised to cross boundaries as agreed
on, and formal identification of adjoining areas be determined and specifically nominated
by the Chief Weeds Officers.

Host Council is to be compensated for costs associated with the administration of the
MRWC including mailing, telephone, computer/email and vehicle costs.
9. REVIEW OF THE COMMITTEE
Every two years a review of the role of the Committee is to be undertaken by the participating Councils
and a decision made on whether the Agreement is to continue. Location of Host Council to be reviewed
every two years.
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10. TERMINATION OF THE AGREEMENT
Any Council can give notice of six (6) months to withdraw from the Agreement.
11.
VARIATIONS TO THIS AGREEMENT
This agreement may be varied from time to time with the approval of the participating Councils.
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THE COMMON SEAL of COUNCIL OF THE
SHIRE OF COOMA-MONARO
was hereto
affixed to this deed on
……………………………………………..
pursuant to a resolution passed by Council
…………………………………………
Mayor
on…………………………………………..
…………………………………………
General Manager
THE COMMON SEAL of COUNCIL OF THE
SHIRE OF SNOWY RIVER was hereto affixed
to this deed on
……………………………………………..
pursuant to a resolution passed by Council
…………………………………………
Mayor
on…………………………………………..
…………………………………………
General Manager
THE COMMON SEAL of COUNCIL OF
BOMBALA was hereto affixed to this deed on
……………………………………………..
pursuant to a resolution passed by Council
…………………………………………
Mayor
on…………………………………………..
…………………………………………
General Manager
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CONFIDENTIAL ITEMS
REASONS FOR REFERRAL
PURPOSE:
To discuss matters of a confidential nature and specifically the following:
Section 10A(2):
a) personnel matters concerning particular individuals (other than councillors);
b) the personal hardship of any resident or ratepayer;
c) information that would, if disclosed, confer a commercial advantage on a person with whom the
Council is conducting (or proposes to conduct) business;
d) commercial information of a confidential nature, that would, if disclosed:
(i)
(ii)
(iii)
prejudice the commercial position of the person who supplied it, or
confer a commercial advantage on a competitor of the Council, or
reveal a trade secret.
e) information that would, if disclosed, prejudice the maintenance of law;
f) matters affecting the security of the Council, Councillors, Council staff or Council property;
g) advice concerning litigation, or advice that would otherwise be privileged from production in legal
proceedings on the ground of legal professional privilege;
h) information concerning the nature and location of a place or an item of Aboriginal significance on
community land.
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REPORTS FROM STAFF
GENERAL MANAGER
File:sc205
GM 52/14
UPDATE ON LEGAL MATTER
SECTION 10A(2)(G) ADVICE CONCERNING LITIGATION.
Confidential
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Confidential
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Confidential
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Confidential
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DIRECTOR ENGINEERING
File: SC296
DE 16/14
STOKES GRAVEL PIT – SALE OF GRAVEL
SECTION 10A(2)(C) INFORMATION THAT WOULD, IF DISCLOSED, CONFER A
COMMERCIAL ADVANTAGE ON A PERSON WITH WHOM THE COUNCIL IS
CONDUCTING (OR PROPOSES TO CONDUCT) BUSINESS;
SECTION 10A(2)(D)(II) COMMERCIAL INFORMATION OF A CONFIDENTIAL NATURE,
THAT WOULD, IF DISCLOSED: CONFER A COMMERCIAL ADVANTAGE ON A
COMPETITOR OF THE COUNCIL;
Confidential
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Confidential
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Confidential
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Confidential
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ATTACHMENT 1
FM 18/14
Quarterly Review Statement and Quarterly Performance Report to 1 July to 30 September 2014
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ATTACHMENT 2
GM 48/14
Southern Phone Letter and Dividend List
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ATTACHMENT 3
GM 49/14
ATTACHMENT 3: Copies of Responses from the Sydney and Dubbo Workshops
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ATTACHMENT 4
GM 50/14
Annual Report for 2013-14
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ATTACHMENT 5
GM 51/14 Update on Legal Matters
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