DISCLOSURE OF INTERESTS CALENDAR OF EVENTS2017/03/05 · March 2017 – April 2017 MARCH 21 CSP Meeting @ 11am 21 Council Meeting @ 5pm APRIL 4 Euston Beautification & Tourism Management

Balranald Shire Council Minutes – Ordinary Meeting – 21st March 2017

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This is Page 1 of the Minutes of the Ordinary Monthly Meeting of Balranald Shire Council held in the Council Chambers, Market Street Balranald on Tuesday 21st March 2017.

PRESENT: Cr Byron (Mayor), Cr Purtill (Deputy Mayor), Cr Mannix, Cr Ugarte,

Cr Jolliffe, Cr O’Halloran and Cr Allen. Acting General Manager Robert Stewart and Director Corporate & Community

Development Charmaine Murfet were also in attendance.

APOLOGIES: Cr Roberts and General Manager Aaron Drenovski.

03.17.3945 RESOLVED on the motion of Cr Allen and Mannix that the apologies be

accepted.

DISCLOSURE OF INTERESTS CALENDAR OF EVENTS Calendar of Events March 2017 – April 2017

MARCH

21 CSP Meeting @ 11am

21 Council Meeting @ 5pm

APRIL

4 Euston Beautification & Tourism Management Committee Meeting @ 9am

4 Balranald Tourism Meeting @ 5pm

5 Balranald Beautification Committee Meeting @ 7pm

10 Cultural Committee Meeting @ 5pm

14 Good Friday

21 Council Meeting

25 ANZAC Day

26 Proposed Council Meeting @ 5pm


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CONFIRMATION OF MINUTES Recommendation: That: “The minutes of the Ordinary Meeting of Council held on Tuesday 21st February 2017 copies having previously been circulated to each Councillor be taken as read and confirmed.”

03.17.3946 RESOLVED on the motion of Cr Jollife and Ugarte that the minutes of the Ordinary Meeting of Council held on Tuesday 21st February 2017 be accepted.

PRESENTATION/DELEGATIONS Kerry Anne from South West Arts

MAYORAL MINUTE/REPORT

03.17.3947 RESOLVED on the motion of Cr Ugarte and Purtill that the Mayoral Report be accepted.

MAYORAL REPORT MARCH 2017

25/02/2017 Balranald Races – A great day 26-27/02/2017 Western Division AGM at Wentworth. Crs Purtill, Mannix, Jolliffe, General

Manager and myself. Thank you Councillors, CADIA have said they are going to be platinum sponsors next year at Balranald Western Division AGM.

29/02/2017 Robinvale Euston Vision of the Region at 3pm Dinner and Workshop at Euston Club from 6pm. 6/03/2017 Infrastructure Committee 7/03/2017 Euston Beautification Committee – No quorum discussion only. 7/03/2017 Senior Citizens Luncheon, excellent thanks to everyone especially Councillors

and staff involved in helping at the lunch. 10/03/2017 Finance Training, Excellent for everyone involved. 17/03/2017 Rick Colless met with Crs O’Halloran, Jolliffe, Bob Stewart (DID), John Jolliffe

(Forest Logging) and myself to discuss the Redgum and Timber industry. DID is to get a dot points and report to Rick.


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MAYORAL MINUTE

APRIL 2017 COUNCIL MEETING File 028 As Councillors will be aware, I will be on leave during April 2017. During this time Councillor Purtill as Deputy Mayor will assume the functions of the Mayor in accordance with Section 231 (3) of the Local Government Act 1993. Councillor Purtill has advised me he will be away for the scheduled meeting of Council on 18th April 2017, as a result of prior travel commitments. Councillor Purtill will therefore not be available to chair the April meeting. As Councillors will be aware 18thApril 2017 is the Tuesday immediately after Easter. If Council wish to meet on this day it will be necessary for Council to

ensure it has sufficient Councillors available to form a quorum and

to elect a Councillor to chair this meeting.

As an alternative Council may wish to resolve to move the date of the April meeting to Wednesday 26th April 2017. The commencement time and place for the Council meeting will not change.

Officer Recommendation: Council discuss the arrangements for the April 2017 meeting of Council

03.17.3948 RESOLVED on the motion of Cr Purtill and Allen that the April Council meeting date be changed to Thursday 27th April 2017.

03.17.3949 RESOLVED on the motion of Cr Purtill and Allen that the Mayor Cr Leigh Byron be granted leave of absence for the April Council Meeting.


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COMMITTEE REPORTS FOR ADOPTION

03.17.3950 RESOLVED on the motion of Cr Purtill and Jolliffe that the Committee Reports be inserted into the Agenda. March Committee Reports The following Committees have met since the last Council meeting. Retirement Hostel Committee 6th March 2017 Euston Beautification & Tourism Management Committee 7th March 2017 Tourism Committee 7th March 2017 Balranald Beautification - 8th March 2017 As the minutes from the above committees, have not yet been confirmed by the respective committees, they are not provided. To ensure minutes are available for future council meetings it is proposed that council change its process for reporting of minutes from committee meetings going forward as follows; - Committee secretariat will be responsible for preparing minutes within 3 business

days of the relevant meeting; - these minutes will then be distributed to committee members for

confirmation/feedback within 5 business days. - Once confirmed by the relevant committee members as accurate these will be

provided to the next meeting of Council. - The minutes will then be formally adopted at the next committee meeting.

03.17.3951 RESOLVED on the motion of Cr Purtill and Jolliffe that the above proposal for

Committee Reports be accepted.

Infrastructure & Development Committee The above Committee met on Monday 6th March 2017 and the Minutes are yet to be finalised. These will be distributed prior to the Council Meeting. Recommendaton That council consider the Infrastructure & Development Committee Minutes.

03.17.3952 RESOLVED on the motion of Cr Jolliffe and O’Halloran that the Infrastructure Report be accepted with the inclusion of Cr Purtill being an apology at the meeting.


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MINUTES OF THE MEETING OF THE INFRASTRUCTURE AND DEVELOPMENT COMMITTEE HELD ON 6TH MARCH 2017, COMMENCING AT 1:00PM PRESENT: Mayor Leigh Byron, Cr Jeff Mannix, Cr German Ugarte, Cr Trevor Jolliffe, Cr Steve O’Halloran, General Manager Aaron Drenovski, Acting Director Infrastructure & Development Robert Stewart, Health & Development Officer Ray Mitchell and Acting Engineering Coordinator Brian Ebery. APOLOGIES: Cr A Purtill Chair of Meeting: The Mayor opened the meeting and nominated Cr S O’Halloran as Chair. There being no other nominations Cr O’Halloran accepted the Chair. Item 1: Organisational Structure The General Manager led the Committee through the current structure of the outdoor staff and detailed the various vacant positions. He outlined the results of the current recruitment process for the following positions: Works Engineer Engineering Coordinator He indicated that he anticipated appointments to be finalised within the week. Upon commencement of the Works Engineer in the structure all vacant positions would be finalised. Item 2: Asset Management Plan The General Manager detailed the current progress towards the implementation of Asset Management Plans for Roads and following discussion it was recommended that: The General Manager proceed to finalise the Asset Management Plans. Item 3: Cultural Change General discussion took place on the Organisational Cultural Change Program.

Code of Conduct Training had been delivered to the majority of staff and a pickup session was to be conducted

Organisational Structure – as discussed in item 1

Position Descriptions to be rewritten to set KPIs

Induction Manual to be prepared Recommend the Committee note progress on the Cultural Change Program. Item 4: Engineering Item 4.1: Roads Program 2017


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Roads to Recovery Additional funds allocated at February 2017 Council meeting. Recommendation – That Council adopt the following program for works to be completed by 1 July for the 16/17 R2R Own Source Funds.

Flood Damage Local Road Special Grant $500,000 Recommendation – That Council adopt the following works program.

Disaster Relief Application Recommendation – That Council note the following claim under the Disaster Recovery Funding arrangements.

Roads to Recovery Own Source Funds

Item Road Description

Length (m)

Estimate Notes

1 Market Street

Drainage Over expenditure 2015/16

$36,600

2 Weimby-Kyalite

Urgent Reseal new work not budgeted in R2R 16/17 1600 $34,273

3 Mildura - Ivanhoe

Gravel Resheet ch 1.7 to 3.7 from MR67 Intersection 3000 $300,000

gravel and water available joins previous work

4 Euston - Prungle Gravel Resheet 500 $50,000

gravel and water available joins previous work

5 Prungle -Mail Gravel Resheet 500 $50,000

$470,873 Completion June 2017

Flood Damage General Roads

Item Road Description Length (m) Estimate

1 Turlee - Leaghur

Formation and drainage Repair 13500 $50,000

complaints and inspections of damage

2 Marma - Box Creek

Formation and drainage Repair Turlee end 21500 $150,000


3 Magenta - Wampo

Formation and Drainage Repair 21300 $150,000


4 Weimby - Benongal Gravel Resheet 1500 $150,000

Bus route and reasonable traffic volumes

$500,000

Completion Mid October 2017


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Disaster Recovery Funding (to be Approved by RMS - Inspections scheduled 21st and 22nd March 2017)

Item Road Description Length

(m) Estimate

1 Emergency Work

Repairs to allow access

$87,962

2 Wooranbara - Corrong

Formation and drainage Repair 5600 $135,000

May need to be completed earlier than Nov 2017

3 Redbank Weir


4

Balranald Low Weir Road Gravel Resheet 900 $32,000

5

Euston Cemetery access Cowper St

Repair to Sealed Surface 400 $84,650

To be scheduled November 2017 for sealing

6 Balranald Island Road


7

Euston Broughton Street

Formation and Pavement Repair 200 $18,000

8 Balranald Cally Street

Formation and Pavement Repair 200 $18,000

9

Euston Robinvale Cycle way

Formation and Sealed Pavement Repair 900 $53,880

May need to be completed earlier than Nov 2017

$507,492 Completion June 2018

Item 4.2: Roads to Recovery 2017-2019 Details of the proposed program were tabled as per attachment. Recommend – That Council note the proposed program. Item 4.3: Schedule of Works to June 2017 The program was reviewed and concern expressed that it may not be achieved. Recommend – That the Acting Director Infrastructure & Development review the program and resourcing. Item 4.4: MR67 Over Expenditure The Acting Engineering Coordinator tabled an explanation of the progress of the MR67 reconstruction noting: Budget $460000 Approx 6km designed for next stage of the work to the Mildura Ivanhoe intersection.


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Work commenced on a 3km section commencing at the end of the existing bitumen on the 18/11/2016. Works involved 2 large radius curves, replacement of 2 grids and extensive earthworks. Delays by the earthworks contractor commencement on site resulted in a 3 week non-productive period prior to Christmas. The job was shut down prior to Christmas and resumed on the 11th of January 2017. Poor subgrade was encountered on one of the bends which involved extra earthworks of about 4000m³ at cost of $15000. An extra watercart was also required due to the volume of fill required and dry conditions which added a further $31000 to the cost of the job. The job was originally estimated to be of 10 week duration, however will be 16 weeks due to delays and extras required. Current estimates will put the completed job cost at about $520000 or $60000 over expenditure. Recommendation - The over expenditure on the MR67 project be funded from MR514 (Oxley Road) Gravel Resheet project, $135000, which has not yet commenced. Item 4.5: Water & Sewerage Works The Acting Engineering Coordinator gave an update on the works in progress:

Balranald Sewer Ponds – obtaining quotes for Pond 2 and subject to pricing tender for Pond 3

Telemetry – job finalised

CCTV – Balranald Sewer – report to February Council meeting Recommend – That Council note the updated report. Cr S O’Halloran left the meeting to attend the Hostel Committee Meeting and the Mayor took the Chair.

Item 5: Health & Development Health & Development Officer Ray Mitchell provided an overview of activities. Recommend – That Council notes the progress report.


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Item 6: Bertram Road & Taylor Road Traffic Issues The Mayor raised this issue and concerns of local residents. Recommend – that the resident petitions and concerns be presented to the next Balranald Shire Traffic Committee. Item 7: General Business Nil.

Next Meeting: At a date and time to be advised. There being no further general business the meeting closed at 7.50pm.


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Attachment to the Minutes of the Infrastructure & Development Committee Meeting


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DELEGATES REPORTS

Cr Purtill – Western Division Conference Cr Mannix – Western Division Conference Robinvale/Euston Vision of the Region 2025 Dinner, held in

Euston Club Cr Ugarte – Robinvale/Euston Vision of the Region 2025 Dinner, held in

Euston Club Meeting at Claire re Optus phone tower Cr Jolliffe – Western Division Conference LLS advisory group Meeting Cr O’Halloran – Remote Communications Committee Robinvale/Euston Vision of the Region 2025 Dinner, held in

Euston Club, Council write to Euston club with appreciation of being invited to the function they put on.

Deb Ball Goat Races Meeting with Ray Roberts and Andrew Minns regarding Crystal

Mining.

NOTICES OF MOTION/RESCISSION

Nil


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General Manager’s Reports Item G – 1 BUSINESS IMPROVEMENT ACTION PLAN

File number: 040

Reporting Officer: General Manager Operational Plan Objective: Pillar 6: Our Leadership 6.3.2 – Provide good governance, prudent financial management and effective support services for all its activities. Officer Recommendation: That the General Manager provide council with a detailed action plan to improve its operations, showing timeframes and resource requirements to the next meeting for Councils consideration.

03.17.3953 RESOLVED on the motion of Cr Allen and Mannix that the report be received and recommendation be accepted. Purpose of Report Following on from the Councillor workshop on financial management, and discussions regarding Council’s financial sustainability, this report provides Council with a high level overview of the issues that require addressing to move Council to best practice and financial sustainability in the future.

Report

The Office of Local Government (OLG) has previously identified to Council the need to address its financial sustainability into the future. As part of this OLG identified a number of business improvements which Council has been working to implement. Completion of outstanding parts of this work will be incorporated into the proposed action plan. In addition officers from the NSW Government owned TCorp have visited Council to monitor and discuss ways for Council to remain financially sustainable. Changes to the Local Government Act in 1993, and subsequent increased community and government expectations in relation to risk management, governance and financial sustainability for Councils has meant all NSW Councils have had to undertake a process to review their financial and governance systems and practices to ensure they are able to continue to provide services to their respective communities in a financially sustainable way. At a recent Councillor workshop on financial management the need for Council to review its financial and governance systems to promote best practice and ensure it remains financially sustainable into the future was discussed, with many of its key financial ratios below the benchmarks set by Government.


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Council’s senior management have done a preliminary review of the current state of play for systems and practices currently operating within Council. Many of these have evolved over time and because of resource constraints and staff turnover many of these do not meet best practice standards. A preliminary listing of the issues that require addressing are included as an attachment to this paper. Much of this work will be resource intensive and will need to be addressed over a period of time. In addition there are a number of interdependencies within the work to be done. For this reason it is recommended that the General Manager prepare a prioritised action plan to improve Council operations, showing timeframes and resource requirements for each element of this plan. To enable Council to consider this as part of its strategic and budget planning for 2017-18 and out years it is suggested this plan should be provided to the next Council meeting.

Financial Implication Nil at this stage

Legislative Implication Nil at this stage

Policy Implication Nil at this stage

Attachments Summary of Actions Required


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Attachment to Business Improvement Plan Financial Sustainability: Increase Own Source Revenues

Consider Special Rate Variation(s)

Examine options to increase income from property portfolio.

Investigate options to increase revenue stream from private works.

Develop and adopt a Section 94a Contributions Plan.

Examine assets not required for operational purposes such as housing, plant, land and use sale income for asset renewal projects

Develop systems to actively monitor and seek grant funding to assist Council in its operations.

Develop formal investment strategy to maximise investment returns on surplus funds.

Review Plant Hire Rates to ensure these are maximised.

Review Labour hire rates to ensure these reflect true cost of service delivery

Develop policies and procedures to support collection of outstanding debts

Review all rate categorisations and zonings to ensure land is correctly categorised to reflect land use.

Review all fees and charges to ensure these accurately reflect cost of service delivery.

Re-negotiate Service NSW contract

Financial Sustainability: Service Delivery and Costs of Service Delivery

Identify in conjunction with Council and the community required levels of service delivery.

Develop a communication plan to discuss service delivery standards and expectations with the community.

Implement cost of service delivery model for budgeting and reporting

Financial Sustainability: Retirement Hostel

Develop a four year improvement plan to move hostel to a financially viable residence of choice.


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Best Practice/Financial Sustainability: Improve Financial Governance Introduce zero based budgeting

Develop policies and procedures to support all aspects of financial management

Develop annual working plan for preparation of financial statements.

Review of chart of accounts and redevelopment of this to enhance and streamline financial reporting

Purchase and implement a financial management reporting tool.

Develop a whole of life costing model for incorporation into annual budgets.

Review and update budget presentation to ensure this complies with OLG requirements and clearly identifies Council contributions to maintaining community assets.

Develop and maintain accurate grants/leases and contract register to ensure Council commitments are understood and incorporated into financial planning

Develop improved procurement policies and procedures to ensure costs are minimised and compliance with relevant legislation.

Implement monthly account reconciliations with appropriate review.

Review and document internal control systems and processes to support production of accurate information for statutory and internal reporting.

Best Practice/Financial Sustainability: Asset and Technology Management Engage independent professional engineer to assess all infrastructure and

determine costs to bring to a suitable level.

Review and update strategic asset management plans to ensure these accurately reflect current asset conditions, useful lives and planned use.

Develop management plans for all key Council assets, such as Greenham Park, Discovery Centre.

Tidy up of financial asset management system to ensure data is correct, calculated depreciation accurately reflects revaluation reports and useful life of assets

Develop a plan to move depreciation calculations from valuation based to condition based calculations.

Establish asset replacement reserves and incorporate into long term financial planning.

Develop an integrated management strategy for water and sewer assets.

Develop an IT strategic management plan to identify future IT requirements, IT replacement plans and how the use IT can be maximised to improve productivity.

Develop policies and procedures to support the use of technology within Council.


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BEST PRACTICE: Organisational Governance

Review and develop policies and procedures to support all aspects of Council operations

Develop a full risk management plan for Council identifying all areas of risk and mitigating strategies.

Establish Internal Audit function with clear responsibility to monitor risk management and organisational and financial governance.

Review all delegations and staff to ensure these as reflect business needs.

Develop and implement internal audit plan on an annual basis.

Implement Code of Conduct training for all Councillors and Council Committee members

Develop clear Terms of Reference for all Council Committees.

Develop of agreed key performance indicators and regular reporting to Council on progress against these.

Develop and implement strategies to support Council’s Fraud Corruption Policy.

Develop procedures to more fully integrate strategic planning and reporting (IPR framework) into everyday work practices.

BEST PRACTICE: Human Resource Management

Develop new HR recruitment policies and procedures.

Revise existing new employee pack to ensure it accurately reflects Council’s expectations

Develop induction processes for staff, including OH&S training as required.

Review and revise current work practices to reduce costs and improve efficiencies.

Undertake staff skills audit against required skills to assess skills gap.

Implement ongoing staff training to address skills gaps

Develop new position descriptions based on identified business needs going forward.

Develop new performance management system with clearly identified performance expectations and sanctions and rewards

Review staff salary structure to ensure consistency with expected levels of performance and responsibility.

Develop an action plan to progressively reduce annual and long service leave balances.


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BEST PRACTICE: Cultural Change Develop clear vision statement of expected cultural behaviours and performance,

including processes for measuring and reporting on this regularly.

Engage cultural change professional to work with staff to move towards high performance culture.

Develop marketing materials, HR processes and practices that promote Balranald Shire Council as an employer of choice.

Implement regular code of conduct training for all staff, Councillors and Committee members.

Develop forums for staff feedback to monitor and promote positive cultural change.

Develop a program to recognise and reward staff who display positive role model behaviours and champion cultural change

BEST PRACTICE: Tourism and Economic Development Prepare and implement an Economic Development Plan to increase investment,

employment and population in the shire.

Integrate Tourism strategy into Council's budgeting and planning processes.

Establish a sub-committee to actively lobby on behalf of, and promote Balranald as a place to live

Actively lobby builders and developers to create new subdivisions within the Shire.

BEST PRACTICE: Information Management Develop a records management structure to facilitate implementation of an

electronic document management system

Develop training package for use of EDMS and saving of Council records

Develop policies and procedures to support compliance with the State Records Act of NSW.

Implement ongoing staff training for records management.

BEST PRACTICE: Communication Develop a communication policy for Council covering social, print and other media, to

promote Council activities and manage public expectations.

Develop procedures to more actively engage with the community using social media channels.

Review and updating of Council website to incorporate more promotion of the Shire.

Develop procedures for Council to assist with actively promoting ‘What’s On around Balranald’ to encourage tourists and locals to more actively participate in activities around the Shire.


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Item G - 2 DELEGATIONS OF AUTHORITY File number: 028(A) Reporting Officer: Aaron Drenovski, General Manager Operational Plan Objective: Pillar 1: Our People – A Community that is proactive, engaged, inclusive and connected. Officer Recommendation:

That Council formally adopt the attached Delegations of Authority.

03.17.3954 RESOLVED on the motion of Cr Ugarte and Allen that the report be received and recommendation.

Amendment: It was moved by Cr Jolliffe and Seconded by Cr Purtill that Clause

10 be amended to “Write off uncollectible debts (for charges and sundry debtors up to a maximum amount of $300.” The AMENDMENT became the MOTION and was put and CARRIED.

03.17.3955 RESOLVED on the motion of Cr Jolliffe and Purtill that clause 10 be amended to “Write off uncollectible debts (for charges and sundry debtors up to a maximum amount of $300.

Purpose of Report To request council to review and adopt the Delegations of Authority to Mayor, Section 355 Committees and General Manager. Report: At the February meeting Council requested the General Manager to review, and where appropriate make changes to the current Delegations of Authority taking in to consideration Albury City Council’s recently updated Delegations of Authority. This review has now been done and updated delegations of authority are now attached for council approval.

Financial Implication Nil

Legislative Implication In accordance with Local Government Act 1993

Policy Implication Nil

Attachments 1 Updated Delegations of Authority


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DELEGATIONS OF AUTHORITY

PART 1

DELEGATIONS FROM COUNCIL

BALRANALD SHIRE COUNCIL


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This is Page 22 of the Business Paper of the Ordinary Monthly Meeting of Balranald Shire Council held in the Council Chambers, Market Street Balranald on Tuesday 21st March 2017.

TABLE OF CONTENTS

COUNCILS AUTHORITY TO DELEGATE ……………………………........................... 2 INTRODUCTION .......................................................................................................... 4 PART 1 ......................................................................................................................... 5 DELEGATION TO COMMITTEES OF COUNCIL ........................................................ 5 DELEGATION TO THE MAYOR................................................................................... 6 PART 2 ......................................................................................................................... 8 DELEGATION TO THE GE NERAL MANAGER .......................................................... 8 A FINANCIAL MATTERS ............................................................................................. 9 B STAFFING MATTERS ............................................................................................ 10 C GOVERNANCE ...................................................................................................... 11 D OPERATIONAL ...................................................................................................... 12 GLOSSARY OF TERMS ............................................................................................ 17 AUTHORISATION........................................................................................................17

Balranald Shire Council Agenda – Ordinary Meeting – 21st March 2017

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PREAMBLE

Section 377 of the Local Government Act 1993 (Act) provides:

377 General Power of the council to delegate

1. A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a) the appointment of a general manager, (b) the making of a rate, (c) a determination under section 549 [of the Act] as to the levying of a rate, (d) the making of a charge, (e) the fixing of a fee, (f) the borrowing of money, (g) the voting of money for expenditure on its works, services or operations, (h) the compulsory acquisition, purchase, sale, exchange or surrender of any land

or other property (but not including the sale of items of plant or equipment), (i) the acceptance of tenders which are required under this Act to be invited by the

council, (j) the adoption of an operational plan under section 405 [of the Act], (k) the adoption of a financial statement included in an annual financial report, (l) a decision to classify or reclassify public land under Division 1 of Part 2 of

Chapter 6 [of the Act], (m) the fixing of an amount or rate for the carrying out by the council of work on

private land, (n) the decision to carry out work on private land for an amount that is less than the

amount or rate fixed by the council for the carrying out of any such work, (o) the review of a determination made by the council, and not by a delegate of the

council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194 [of the Act],

(q) a decision under section 356 [of the Act] to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 [of the Act] to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation, (u) any function under this or any other Act that is expressly required to be

exercised by resolution of the council.

1A. Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if: (a) the financial assistance is part of a specified program, and (b) the program is included in the councils draft operational plan for the year in which the

financial assistance is proposed to be given, and (c) the programs proposed budget for that year does not exceed 5 per cent of the councils

proposed income from the ordinary rates levied for that year, and (d) the program applies uniformly to all persons within the councils area or to a significant

proportion of all the person within the councils area.


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2. A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

INTRODUCTION

In accordance with section 377 of the Local Government Act 1993, the Council by resolution at its meeting on Tuesday XXXXXXXX delegated its powers, authorities, duties and functions as set out in

Part 1: Delegations to Committees of Council, and Delegation to the Mayor; and Part 2: Delegations of Authority register to the General Manager, the Mayor and Council Committees.

All Council delegations are subject to the following limitations:

1. The delegated power, authority, duty or function being performed in accordance with Council Policy;

2. The delegated power, authority, duty or function being performed in accordance with the Law;

The delegations of Council will remain in force until they are revoked or amended by a resolution of Council. The Council notes that the General Manager may delegate his or her powers, authorities, duties and functions at his or her discretion.


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DELEGATION TO COMMITTEES OF COUNCIL Committees of Council have no delegations except for those provided by resolution of Council.

DELEGATION TO THE MAYOR The Mayor, and in the absence of the Mayor, the Deputy Mayor for the period of the Mayor’s absence, is delegated authority under section 377 of the Act to exercise and/or perform on behalf of the Council the following powers, authorities, duties and functions:

1. Conferring Powers or Duties under Local Government Act 1993

To give effect to the Law, Council’s adopted Policies, resolutions and directions, provided that such delegation is not sub-delegated without the specific approval of Council or as prescribed under the Local Government Act.

2. Powers or Duties under other legislation

If, under any other Act other than the Local Government Act, a function is conferred or

imposed on the Mayor of Council, the function is taken to be conferred or imposed on

the Council and the Mayor of the Council has delegated authority to exercise and/or

perform on behalf of the Council the powers, authorities, duties and functions as

prescribed under that other Act.

3. Preside at Meetings and Functions of Council

To preside at all meetings of the Council, Committees, Community Committees and

Public Meetings convened by the Council at which the Mayor is present unless the

Council otherwise appoints another Councillor or person to perform this function.

4. Negotiations on behalf of Council

In conjunction with the General Manager, to participate in negotiations on behalf of

the Council with third parties and in connection with the sale, purchase and lease of

land and buildings. This function is subject to the limitation that no contractual

agreement is to be entered into without a resolution of Council.

5. Represent Council – Government and Other Forums

To represent the Council on regional organisations and at inter-governmental forums

at regional, State and Commonwealth level. To represent the Council, in conjunction

with the General Manager, in deputations to government, inquires and other forums

where it is appropriate that the Mayor should present the Council’s position.

6. Sign and Execute Documents

To sign correspondence and other documents. This function is subject to the

limitation that execution of any documents under Council Seal must be carried out in

compliance with Regulation 400 of the Local Government (General) Regulations

2005.


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7. Issue Media Releases

To make Media Statements and issue Press Releases in respect of Council

Resolutions/Recommendations and decisions subject to prior consultation with the

General Manager. Councillors are at liberty to make personal comment at any time.

8. Leave

To approve applications of leave by the General Manager.

9. Manage the General Managers Contract

To act as Councils delegate for the purpose of the day -to -day management of the General Managers contract.

10. Appoint the Acting General Manager

On the recommendation of the General Manager, to appoint one of the Balranald Shire Council Directors to the temporary position of Acting General Manager for a pe riod no longer than to the date of the next Council Meeting, when the Council will either endorse the temporary appointment for such additional time as is necessary, or appoint another Director to the temporary position.


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PART 2 DELEGATION TO THE GENERAL MANAGER

The General Manager, and in the absence of the General Manager their nominee as the Acting General Manager for the period of the General Manager’s absence, is delegated authority under section 377 of the Act, to exercise and/or perform on behalf of Council the powers, authorities, duties and functions of the Council, subject to the following:

1. The General Manager is restrained from carrying out any of those functions of Council excluded from delegation by operation of section 377(1) of the Act;

2. The General Manager is entitled to carry out any functions delegated to the Council by the Departmental Chief Executive or the Minister, subject to any express limitations imposed by the Departmental Chief Executive or Minister;

If a function is conferred or imposed on an employee of Council under any other legislation, the function is deemed to be conferred or imposed on the Council and is delegated to the General Manager.

For the avoidance of doubt, the delegated authority conferred or imposed upon the General Manager includes the delegated functions of Council as provided in the following table and is subject to any limitations contained therein. The following table is not intended to be an exhaustive list of all powers, authorities, duties and functions delegated to the General Manager. Rather it is to be relied upon as providing guidance to those most commonly relied upon powers, authorities, duties and functions

PART A – FINANCIAL MATTERS

1. Award Contracts, Obtain Quotations and Authorise Purchase Orders within Section 377(1)(i) of the Act

2. Authorise Payment of Salaries and Wages

3. Sign and Countersign Electronic Funds Transfers (EFT), Direct Debits and Cheques drawn on Councils Bank Account

4. Approve Final Payments to Contractors and/or Direct Creditors

5. Check and Certify the Annual Statutory Accounts

6. Authorise Expenditure for Urgent Works outside budget approved by Council

7. Authority to require the Lodgement of a Cash Bond or Bank Guarantee

8. Negotiate Council’s Overdraft Limit

9. Sell or Dispose of Materials or Equipment, Spoilt or Obsolete.

10. Write off uncollectible debts (for charges and sundry debtors) up to a maximum amount of $20,000.00.


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11. Authorise the issue of accounts for services provided by Council.

12. Apply for borrowings from financial institutions following a resolution of Council in accordance with Section 377(1)(i) of the Act

13. Engage consultants to assist with Council projects

14. Arrange the investment of money not immediately required by Council

15. Write off accrued interest on rates and charges if the payment of the accrued interest would cause hardship

16. Arrange for payment by instalment – Accounts receivable.

17. Refund of Over-payments

18. Authorise the refund of development applications/Construction Certificate Application Fees.

19. Grant rebates of rates

20. Approve Credit Notes

21. Refund Trust Fund Deposits

22. Complete all Financial Certifications

23. Authorise the Waiver or Reduction of Non-Business Activity Fees up to a Maximum Amount of $20,000 in Accordance with the Categories determined in the Operational Plan and relevant Council policies

24. Authorise the Reduction for Water and Wastewater Consumption Charges up to a Maximum Amount of $10,000 in Accordance with the Undetected Leak Policy for Water and Wastewater Charges

PART B – STAFFING MATTERS

25. Approve Recruitment Action

26. Approve or refuse payment of allowances and employment entitlements and benefits

27. Approve salary step progression for staff

28. Approve Performance Appraisal Payments for Staff

29. Dismiss employees

30. Approve Career Enhancement Support


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31. Approve flexible work arrangements.

32. Approve or refuse a report of injury to Council’s workers compensation insurer.

33. Approve Leave

34. Approve Professional Development

35. Approve Travelling and Subsistence Expenses

36. Approve claims for the loss of personal property - Staff

37. Approve Employment outside Council

38. Authorise Personal Use of Council Equipment by Staff

39. Refuse, approve or conditionally approve the use of Intellectual Property Created in the

course of Balranald Shire employment

40. Approve Variations to Industrial Instrument s for Leave Allowances or Conditions of Employment for not less than conditions in the Local Government (State) Award

41. Approve Council Agreements in accordance with the Local Government (State) Award

42. 42. Approve or Refuse a Standard Appointment Recruitment Process

43. Approve or Refuse an Exception Appointment Recruitment Process

44. Approve the Reclassification of Staff

45. Approve Job Status Change/Higher Grade Salary for Short Term

46. Approve Overtime Payments

47. Deal with Industrial Disputes

48. Hear Appeals by Employees regarding Employee Relations Issues

49. Employ Staff to fill Short Term Casual Vacancies

50. Provide a reference to a Potential Employer

51. Authorise and Co- authorise Tax File Number (TFN) Declaration Forms


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PART C – GOVERNANCE

52. Make or authorise public statements involving the Council.

53. Determine matters included in Council business papers and Committee papers.

54. Exercise Discretion in Referring Correspondence

55. Reply to and sign all routine correspondence and other forms

56. Sign and Execute Documents under the Seal of Council.

57. Sign contracts, deeds and agreements that do not require the Council seal

58. Sign Funding Applications

59. Negotiate and enter into Leases, Licenses and other Legal Transactions for use of land or assets

60. Invite Groups or Individuals to Address Council or Committee Meetings.

61. Act as Councils Public Officer

62. Approve the Destruction of Corporate Documentation

63. Manage the Renewal and Maintenance of Domain Names and IP Addresses

64. Manage the Renewal and Maintenance of Australian Communications and Media Authority

Radio Transmission Licenses

65. Appoint Staff to Consultative Committee and Work, Health and Safety Committee

66. Respond to and Liaise with the Minister, the Department and the Office of Local Government

67. Determine Applications under the Government Information (Public Access) Act 2009

68. Act as Code of Conduct Complaints Coordinator and Alternate Complaints

Coordinator

69. Receive and Investigate Complaints under the Internal Reporting Public Interest Disclosures Policy

70. Receive and Investigate Privacy Complaints


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71. Receive Complaints and Authorise Investigation under Child Protection Policy

72. Investigate Complaints about Staff under Child Protection Policy

73. Investigate Complaints about Family Day Carers under Child Protection Policy

74. Authorise Action on General Complaints about Staff from an Internal Source

75. Authorise Action on General Complaints about Staff from an External Source

76. Act as Official Signatory on all Development Consents and Building Approvals

77. Installation, Operation and Retrieval of CCTV Cameras and their Footage

PART D – OPERATIONAL

78. Issue and Carry on Proceedings, and to Act and Negotiate on behalf of Council on Legal

Issues

79. Authorise an approved officer to lay information before the court for non-payment of penalties

80. Lay Information before the Court to prosecute offenders

81. Authorise the issue of on-the-spot penalty notices

82. Determine the Fee for the provision of Council for employees as Witnesses and Information in

court cases.

83. Issue Notices of Intention to Issue Orders under the Act, the Environmental Plannng and

Assessment Act 1979, Protection of the Environment Operations Act 1997, Companion

Animals Act 1998 and the Roads Act 1993.

84. Determine development applications, ( including Section 96) and complying Development

Applications made under the Environmental Planning and Assessment Act 1979 and relevant

Regulations.

85. Approve Storm Water Drainage Work Connections that revert to Council.

86. Approve storm water drainage work connections from private property to councils storm water

systems.

87. Implement the adopted operational plan and four year delivery program


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88. Engage contractors for the remove derelict vehicles from roads, road reserves and public

places.

89. Approve Applications for Street Activities, street stalls and issue Busking Permits

90. Approve applications to film/photograph in Council’s parks, reserves and public places

91. Approve the casual use of Council parks and properties

92. Implement Councils Payment of Rates policy

93. Authorise amendments to the Rate Register

94. Take legal action for the recovery on unpaid rates and charges and unpaid sundry debtors

95. Issue notices to require the payment of rent in lieu of rates.

96. Resolve or authorise settlement of liability claims up to the excess on insurance policies.

97. Authorise and sign notices to quit to tenants of council properties

98. Approve or refuse to grant council’s consent to a third party development application that may traverse or impact upon council land.

99. Authorise the maintenance and repair of council property.

100. Authorise the expenditure for maintenance and replacement of council motor vehicles and

plant.

101. Let or hire Council plant and equipment and determine plant and equipment hire rates.

102. Suspend or cancel the operation of an Alcohol-Free Zone in accordance with Section 645 of the Act.

103. Authorise contribution to cost of dividing fences on Council property

104. Operate and Maintain Councils Airport in accordance with al lapplicable legislative requirements

105. Operate and maintain Council’s Landfill in accordance with all applicable legislative requirements.


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106. Operate and maintain Council’s Cemetery/Crematorium in accordance with all applicable legislative requirements.

107. Caravan Park

To operate, manage and maintain the Balranald Caravan Park.

108. Exercise the powers of Council’s Impounding Officer.

109. Approve or refuse applications from residents to prune, top, lop or remove trees

110. Issue parking infringement notices

111. Authorise withdrawal of penalty infringement notices - Leniency

112. Approve Temporary Road Closures

113. Make Sign Adjustments

114. Install and Refuse Applications in Special Use Zones

115. Approve the Installation of Traffic Facilities

116. Approve the Installation of Warning Signs

117. Approve or Refuse an Application for Signs a cross Driveways

118. Approve or Refuse an Application for Traffic Bollards

119. Approve the Construction of Vehicular Crossings and Footpath Restorations

120. Approve the Installation of Additional Street Lighting

121. Endorse/Sign Positive Covenants, Easements and Section 88B Instruments under the Conveyancing Act 1919

122. Determine Public Notification of Applications

123. To Approve or Refuse Professional Certifications

124. Authorise Recommendations for Accreditation of Council Building Surveyors under the Building Professionals Act 2005

125. Exercise Councils Power to Carry out Work on Private Land for an Amount fixed by Council

126. Authorise One- off Variations of Working Hours on Building Work Sites where the Matter is one of Public Safety


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127. Authorise Council Employees (or other persons) to Enter Premises for the purpose of enabling Council to exercise its functions under any Act

128. Determine Water Restrictions

129. Manage the Councils Motor Vehicle Fleet

130. Approve Permits and Notices

131. Authorise settlement of liability claims

132. Determine extensions of development consent

133. Issue general infringement/penalty notices

134. Act on council’s behalf in all matters relating to the Companion Animals Act 1998

135. Determine applications for parking permits

136. Issue a temporary resident parking permit

137. Approve or modify the number and/or location of resident parking

138. Approve, refuse or condition applications for school/community groups visitation to council properties

139. Approve applications for charity collections

140. Order supplies, plant and equipment authorised under requisition

141. Manage issues relating to numbering of buildings

142. Approve applications for the removal of vehicular crossings

143. Sign as owner of council properties for applications for development/building consent

144. Determine the disposal price and time of council plant and equipment by auction

145. Determine the reserve price and disposal of plant, equipment and vehicles by public auction tender or trade-in

146. Approve or modify the number and/or location of resident parking

147. Approve or refuse an application for a Convex mirror

148. Approve or refuse an application for road rules 2014 compliance signs


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149. To administer the provisions of the Roads Act 1993 and Road Rules 2014 as they apply to Council.

150. Exercise authority under the Roads Act 1993 in conjunction with the assessment of Development Applications, Construction Certificates and Complying Development Certificates

151. Issue approvals under section 138 of the Roads Act 1993 where public safety is an issue

152. Issue of orders and emergency orders under section 124 of the Act

153. Sign section 149A certificates and related correspondence – Environmental Planning and Assessment Act 1979

154. Approve or refuse applications for construction certificates

155. Refuse applications for construction certificates

156. Issue all building, classification/occupancy certificates

157. Accept structural and mechanical ventilation drawings

158. Approve applications for strata/subdivision plans

159. Review notice of determinations

160. Determine matters relating to minor unauthorised works

161. Authorise the reduction of development application related fees and charges in accordance with the waiving of fees for development applications and construction certificates policy

162. Exercise all powers of counc8il under the Library Act 1939

163. Authorise the purchase, de-commissioning and donation of library books

164. Select and requisition the purchase of historical resources

165. Approve the use of community buses

166. Approve the consumption of alcohol for special events at Council functions

167. Approve the subsidised use council facilities in accordance with the respective policies.

168. Perform the functions in relation to the Local Environment Plans subject to Ministerial delegation under section n59 of the Environmental Planning and Assessment Act 1979 and subject to council resolving to accept the Ministerial Delegation

169. Exercise the powers of the State Emergency and Rescue Management Act 1989


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170 Administer Functions provided by other Legislation

To administer the provisions of the following legislation as they apply to Council:

Boarding Houses Act 2012

Children and Young Persons (care and protection) Act 1998

Children (Education and Care Services National Law Application) Act 2010

Community Land Development Act 1989

Companion Animals Act 1998

Conveyancing Act 1919

Crown Lands Act 1989

Environmental Planning and Assessment Act 1979

Fire Brigades Act 1989

Fluoridation of Public Water Supplies Act 1957

Food Act 2003

Government Information (Public Access) Act 2009

Graffiti Control Act 2008

Health Records & Information Privacy Act 2002

Heritage Act 1977

Impounding Act 1993

Library Act 1939

Liquor Act 2007

Local Government Act 1993

Plumbing and Drainage Act 2011

Privacy and Personal Information Protection Act 1998

Protection of the Environment Operations Act 1997

Public Health Act 2010

Radio communications Act 1992

Road Rules 2001 NSW Consolidated Regulations – Under the Road Transport Act 2013

Roads Act 1993

Roads Transport (General) Act 2013

Rural Fires Act 1997

State Emergency and Rescue Management Act 1989

State Records Act 1998

Swimming Pool Act 1997

Unclaimed Money Act 1995

Work Health and Safety Act 2011

Workers Compensation Act 1987

Workplace Injury Management and Workers Compensation Act 1998

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1989%20AND%20no%3D201&nohits=y
















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Glossary of Terms

Act means Local Government Act 1993

Authority means any government (state or federal), government department,

statutory corporation or other body having power to legally direct the

Council or its officers

Department means the Department of Local Government, or any future department

(or combined department) carrying out the functions of the present

Department of Local Government for the State of New South Wales

Director-General means the Director-General of the Department of Local Government or

the Director-General of any other government department which has

the carriage of the administrative functions of the Act and the portfolio

of Local Government.

Law means the requirements of all statutes, rules, ordinances, codes,

regulations, proclamations, by-laws, environmental planning

instruments, directions and consents of any Authority

Minister means the Minister for Local Government or any future title given to a

ministerial position of a future New South Wales State Government

portfolio that includes governance of Local Government.

AUTHORISATION

Status Committee Council

Manex Not applicable

Council Adopted by Council - Minute No:

Author Executive - General Manager

History

Last Issued: Review: legislative requirement within the first twelve months of a new term of

council

File Reference: G:\1 GENERAL MANAGER\ORGMANAGEMENT\Human Resources\Delegations/council

delegation Part 1&2


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Corporate and Community Development Reports

Item C – 1 TERMS OF REFERENCE: COUNCIL COMMITTEES: HOSTEL

COMMITTEE

File number: 026/374

Reporting Officer: Director of Corporate & Community Development Operational Plan Objective: Pillar 6: Our Leadership 6.3.2 – Provide good governance, prudent financial management and effective support services for all its activities. Officer Recommendation: That Council agree to adopt the attached Terms of Reference for its Section 355 Hostel Committee: as a Draft, and seek feedback from members of this Committee prior to formally adopting these.

03.17.3956 RESOLVED on the motion of Cr Allen and Purtill that the report be received and recommendation be adopted.

03.17.3957 RESOLVED on the motion of Cr Purtill and Allen that Paragraph 6 – Chair of

the Committee be altered to read as follows;

“The Chair of the Committee may be elected by the Committee at its first meeting

after appointment by Council, or as soon as practicable after adoption of these

terms of reference.”

Purpose of Report This report seeks Council agreement to adopt the attached Terms of Reference for the Hostel Committee as a Draft, and seek feedback from members of this Committee prior to formal adoption of these.

Report

Council has, in accordance with Section 355 of the Local Government Act 1993, resolved to appoint a number of community members and councillors to a committee to assist it with the operation of the Bidgee Haven Hostel. This Committee, at its last meeting, requested that Council clarify the Committee’s roles and responsibilities. Good governance practices require that each Committee of Council should have Terms of Reference that clearly articulate Council’s expectations in relation to the operation of that committee and the behaviours of Committee members. In response to this request Council staff have drafted Terms of Reference for Council’s consideration, prior to seeking feedback from Committee members.


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The draft Terms of Reference identifies the purpose for the Committee, in addition to setting out Council’s expectations in regard to meeting practice and attendance. It is recommended that Council adopt these Terms of Reference as a draft document and seek feedback from members of the Hostel Committee on its content prior to formally adopting these at Council’s next meeting.


Legislative Implication Nil


Attachments Draft Terms of Reference – Hostel Committee


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HOSTEL COMMITTEE

TERMS OF REFERENCE

NAME The name of the Committee is the Hostel Committee. AUTHORITY This Committee is established by Council under Section 355 of the Local Government Act 1993. The Hostel Committee is an advisory committee to Balranald Shire Council (Council). Being an advisory committee, the Hostel Committee does not have executive power or authority to direct staff. The Hostel Committee has no delegations to expend monies on behalf of Council. PURPOSE The purpose of the committee is to:

Provide appropriate advice and recommendations to Council, through

Committee minutes, on matters relevant to the operations of the Bidgee Haven

hostel.

Provide a forum for discussion of opportunities to improve the occupancy rates

and efficiencies of the hostel and subsequent recommendations to Council in

relation to this.

Provide a forum for discussion of opportunities to develop increased volunteer

participation in assisting Council to operate the hostel, particularly in the area of

fundraising for Council approved projects.

Recommend to Council activities for increased engagement of volunteers to

support hostel operations.

OBJECTIVES OF THE COMMITTEE The committee is a Committee of Council representing community views and should identify to Council opportunities to respond to changing community expectations in relation to the Bidgee Haven hostel. DECISION MAKING It is intended that the Committee will make decisions based on consensus. If it is not possible to arrive at a consensus on a particular item the recommendation to Council should note the dissenting views.


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MANAGEMENT AND OPERATION OF THE COMMITTEE 1. STRUCTURE/MEMBERSHIP

The Committee shall be comprised of community representatives and Councillors, as nominated by Council. It is desirable that there is a representation from the entire Shire, a reasonable gender balance and age distribution on the Committee. 2. APPOINTMENT AND SELECTION OF MEMBERS

Balranald Shire Council shall call for applications from community members within the Council area for all community member positions. The applications will be assessed on their merit and suitable persons will be appointed to the Committee by Council. 3. MEMBER CONDUCT AT MEETINGS

‘All Committee members are required to undertake Code of Conduct for Committee Members training within 2 months of having been appointed. As representatives of Council while attending meetings members are required to comply with the Code of Conduct at all times. 4. TERM OF COMMITTEE

The Committee shall be appointed for a period of 2 years. Review of the Committee membership will be held in conjunction with the bi-annual review of the Mayoral position. 5. ATTENDANCE AT MEETINGS

Committee members are required to provide an apology in advance to the Chair if they are unable to attend scheduled meetings. In the event that a Committee member fails to attend more than 2 meetings without apology Council has resolved appointment of these members will be considered to have lapsed. In the event that a membership of the Committee is deemed to have lapsed the Chair of the Committee shall advise Council of this at the following Council meeting. 6. CHAIR OF THE COMMITTEE

The Chair of the Committee shall be a Councillor, as nominated by the Mayor of Balranald Shire Council.


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SECRETARIAT

Secretariat services for the Committee will be provided by a member of the Committee, as agreed among its members. The Chair of the Committee shall call for nominations for Secretariat at the first meeting of the Committee. The Secretariat is responsible for providing typed minutes to Council’s General Manager within 7 working days of the Committee meeting. Council staff will prepare and distribute a Standing Agenda/Notice of Meeting for the Committee and any relevant business papers five (5) working days prior to the meeting. 7. COUNCIL STAFF MEMBERS ON COMMITTEE

Council staff members are not required to attend Committee meetings. However, the Committee may request, through the Chair, that Council staff provide it with a summary report of matters relevant for its consideration at its meeting. Such report if requested shall be provided to Committee members at the time of the agenda being distributed. 8. MEETING FREQUENCY AND PLACE

The Committee shall meet once every two months on the first Monday of the second month. The meetings shall be held in Council Chambers commencing at 5pm. 9. PECUNIARY INTERESTS

Members of the Committee must, having reviewed the agenda for a meeting, or when becoming aware of a potential conflict of interest or pecuniary interest in any matters being discussed by the Committee immediately advise the Chair. The Committee members must refrain from participating in the discussion and if deemed appropriate by the voting members present, leave the meeting while the matter is discussed and not participate in any decision making on that matter. This interest must be recorded in the minutes. 10. QUORUM

A quorum of the Committee will be half of the appointed members present plus one (a simple majority). If a quorum is not reached within 10 minutes of the appointed starting time, the meeting shall:

be adjourned to a time determined by the Chair in consultation with members

present and Council staff or

continue as an inquorate discussion.

For inquorate meetings members present can have a discussion and take discussion notes. Recommendations for decisions cannot be made but can be carried forward to the next meeting where a quorum is present.


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11. ATTENDANCE OF NON MEMBERS

The Committee may, at its discretion invite non-members and observers to attend meetings of the Committee to facilitate discussion and to provide specialist advice to the Committee. 12. MEDIA COMMENT AND CONFIDENTIALITY

The Committee has no delegated authority to speak to the media on behalf of the Committee without the express authority of the General Manager. The Committee does not have authority to make comment on behalf of Balranald Shire Council. Members of the Committee should appreciate that the Committee may, from time to time, deal with sensitive matters of a confidential nature. The confidentiality of such information should be respected by all members. 13. DISSOLUTION

The Council may at any time dissolve this Committee. 14. LIABILITY OF MEMBERS

In accordance with Division 2 Section 731 of the Local Government Act 1993, a matter of thing done by the Minister, the Director General, a council, a councillor, a member of a committee of the council or an employee of the council or any person acting under the direction of the Minister, the Director General, a council, a councillor, a member of a committee of the council or an employee of the council does not, if the matter or thing was done in good faith for the purpose of executing this or any other Act, and for an on behalf of the Minister, the Director General, a council, subject a councillor, a member of a council committee or an employee so acting personally to any action, liability, claim or demand. TERMS OF REFERENCE APPROVED BY COUNCIL AT ITS MEETING ON xxxx


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Item C – 2 PAYMENT OF EXPENSES & PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS POLICY

File number: 80 Reporting Officer: Director of Corporate & Community Development Operational Plan Objective: Pillar 6: Our Leadership 6.3.2 (a) provide good governance, prudent financial management and effective support services for all its activities. Officer Recommendation: That Council adopt the policy for payment of expenses and provision of facilities for Mayor and Councillors.

03.17.3958 RESOLVED on the motion of Cr Allen and Mannix that the report be received

and recommendation be adopted.

Purpose of Report To bring forward a draft policy - Payment of Expenses and Provision of Facilities for Mayor and Councillors - for Council’s consideration. This draft policy was considered at the February meeting of Council, prior to being put on display for public comment. Report Section 252 (1) of the Local Government Act 1993 requires that within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, and the other councillors in relation to discharging their functions. Section 253 (1) of this Act further requires that Council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities, allowing at least 28 days for the making of public submissions. The draft policy was presented to Council at its February meeting, and has been advertised for public comment. No submissions have been received at the time of preparing this report. It is recommended that Council now formally adopt this policy for Payment of Expenses and Provision of Facilities for Mayor and Councillors.

Financial Implication NIL

Legislative Implication Local Government Act Sec. 253 (1) – (5)

Policy Implication Updated Policy

Attachments Nil


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Item C – 3 INFORMATION MANAGEMENT – RESOURCING FOR

ELECTRONIC DOCUMENT MANAGEMENT SYSTEM

File number: 120

Reporting Officer: Director of Corporate & Community Development Operational Plan Objective: Pillar 6: Our Leadership 6.3.2 – Provide good governance, prudent financial management and effective support services for all its activities. Officer Recommendation: That Council allocate funds in the 2017-18 Budget for a staff member to develop policies, procedures and training to support the implementation and ongoing management of an Electronic Document Management System. This system is required to ensure compliance with the State Records Act 1998.

03.17.3959 RESOLVED on the motion of Cr Allen and Jolliffe that the report be received and recommendation be adopted.

Purpose of Report This reports seeks Council approval to allocate funds in the 2017-18 Budget to employ an information services officer to develop policies, procedures and training and support for the ongoing work associated with compliance with the State Records Act 1998 (the Act).

Report The State Records Act imposes a number of requirements on Council to

make and keep records that fully and accurately document their operations and administration

establish and maintain a records management program in conformity with standards and codes of best practice approved by State Records

ensure that records are stored in conditions appropriate to their format and preservation requirements

ensure that records held in digital or other technology dependent formats are accessible for as long as they required.

Other key parts of the Act include provisions governing the disposal of records, a statutory basis for a right of public access to records more than thirty years old, and the transfer of records required as State archives to the custody and control of State Records. The Office of Local Government identified in its Notice of Business Improvement that Council should implement a document management system to assist in complying with these requirements. Council has previously allocated an amount of $80,000 to fund the capital purchase of this asset.


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However, at the time of this request the whole of life costing for this asset was not identified. Whole of life costings typically include maintenance of the asset and in some cases resourcing to operate/maintain the asset and depreciation. To successfully implement a document management system Council will need to develop file structures, policies and procedures to ensure records are maintained in accordance with the Act, in addition to implementing on going staff training to ensure the importance of maintaining all records, including in some instances social media records is understood and adhered to. Senior staff have reviewed existing staff workloads to identify opportunities to incorporate this work within an existing position. However, because of the volume of work associated with implementing and maintaining a document management system it will not be possible to do this without severely impacting on other areas of Council’s administration. Council approval to advertise an Information Services officer position, to be employed from July 2017 is sought to ensure it is able to comply with the requirements of the Act.

Financial Implication $65,000 per annum

Legislative Implication State Records Act 1998


Attachments


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Item C - 4 OUTSTANDING COUNCIL RATES File number: 130 Reporting Officer: Director, Corporate and Community Development Operational Plan Objective: General Rates & Charges Officer Recommendation:

1. That Council adopt the following draft policies and agree that these should be advertised for public consultation:

Payment of rates, fees and charges as a result of financial hardship

Collection of outstanding fees and charges

Collection of outstanding rates

03.17.3960 RESOLVED on the motion of Cr Mannix and Jolliffe that the above 3 policies be inserted into the agenda.

03.17.3961 RESOLVED on the motion of Cr Mannix and Jolliffe that the report be

received and recommendation be adopted.

An AMENDMENT was made by Cr Allen and SECONDED by Cr Ugarte that the amount prior to General Manger authorising disconnection of the water supply in place of restriction be changed from $300 to $1000. Cr Purtill, Cr Mannix and Cr Jolliffe voted against the motion, Cr Ugarte, Cr O’Halloran and Cr Allen voted with the motion. Cr Byron had the casting vote and voted with the amendment. The AMENDMENT was PUT and CARRIED and became the motion.

03.17.3962 RESOLVED on the motion of Cr Allen and Ugarte that the amount prior to General Manager authorising disconnection of the water supply in place of restriction be changed to $1000. Purpose of Report To update Council of the status of outstanding rates owing to Balranald Shire Council. Report The total amount of rates outstanding as at 15 March 2017 (excluding instalments not yet due) was $173,187 or 9.65% of rates collectable year to date. Outstanding water consumption charges as at this date were $109,649. Council resolved at its February meeting to request the General Manager bring a full outstanding rates report to a confidential section in the March meeting.


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Prior to preparing this report Council staff have reviewed the policies and procedures underlying the collection of rates and charges. As part of a business improvement initiative, it is recommended that Council establish new policies in relation to the collection of outstanding amounts to clearly articulate Council’s expectations in relation to the collection of these. Clearly articulated expectations through formally adopted policies provide clear guidance to both staff and the community and will allow a basis for consistency in enforcing the collection of amounts outstanding. Draft policies in relation to Collection of Outstanding Fees and Charges; Assistance with Payment of Rates, Fees and Charges as a Result of Financial Hardship; and Collection of Outstanding Rates have been prepared for Council consideration. It should be noted these policies if adopted will replace the Rates Recovery Policy which was adopted by Council at its February meeting. It is recommended that Council adopt the attached policies as draft for public consultation. Once adopted, Council staff will review all outstanding rates and charges against the relevant provisions of the Local Government Act 1993 and adopted Council policies. A report of recommended actions to recover outstanding rates and charges will be provided to a future meeting of Council following this review.

Financial Implication Nil Legislative Implication Yes Policy Implication Yes Attachments Payment of rates, fees and charges as a result

of financial hardship; Collection of

outstanding fees and charges;

Collection of outstanding rates policies will be

distributed prior to Council meeting.


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POLICY TITLE: POLICY FOR ASSISTANCE WITH PAYMENT OF RATES, FEES AND CHARGES AS A RESULT OF FINANCIAL HARDSHIP EXPIRY DATE: Ongoing

BACKGROUND Council recognises that from time to time some ratepayers may experience difficulty in paying their rates, fees and charges as and when they fall due. POLICY OBJECTIVE To establish guidelines for the General Manager and staff when dealing with ratepayers, who are suffering genuine financial hardship, with the payment of their rates, fees and charges. The policy aims to:

Provide financial assistance to ratepayers who are experiencing genuine financial hardship with the payment of rates, fees and charges.

Provide a decision making framework for the appropriate assessment of all financial hardship applications.

Fulfill the statutory requirements of the Local Government Act 1993 and other relevant legislation in relation to the waiving or reduction of rates due to hardship.

SCOPE This Policy applies to an owner or part owner that is suffering financial hardship and their rate assessment is categorised as “Residential” or “Farmland” for the purpose of rating as per the Local Government Act 1993. DEFINITIONS Rateable person – includes the Crown in respect of rateable land owned by the Crown and means:

An owner in any case where the Local Government Act 1993, provides that a rate is to be paid to the Council by the owner, and

A holder of a lease in any case where the Local Government Act 1993, provides that a rate is to be paid to the Council by the holder of the lease.

Debtor: means a person(s) or organisation that owes Council money.

Financial Hardship: Difficulty in paying amounts owing when these are due.


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POLICY Council recognises there are cases of genuine financial hardship requiring respect and compassion in special circumstances. This Policy establishes guidelines for assessment of a hardship application applying the principles of fairness, integrity, confidentially and compliance with statutory requirements. It applies to all applications for waiving, alternative payment arrangements or writing off rates, annual charges and interest accrued on such debts. The General Manager or nominee has the delegated authority to assess applications due to hardship and payment arrangement plans from any customer after receiving a written request. Assistance by Periodic Payment Arrangements Section 564 of the Local Government Act provides that Council may enter into a formal agreement with a ratepayer eligible for alternative periodic payments for due and payable rates, fees and charges. Section 568 of the Local Government Act provides that payments will be applied towards the payment of rates and charges in the order in which they became due. Assistance by writing off accrued interest and costs Accrued interest on rates or charges payable by a person may be written off under Section 567 of the Local Government Act 1993, if

- The person was unable to pay the rates or charge when they became due for reasons beyond the person’s control, or

- The person is unable to pay accrued interest for reasons beyond the person’s control, or

- Payment of the accrued interest would cause the person hardship. Assistance to extend pensioner concession to avoid hardship Section 577 of the Local Government Act, 1993 enables Council to make an order deeming certain persons who are jointly liable with an eligible pensioner(s) or solely liable, but who are not themselves eligible, to be eligible pensioners for the purpose of a mandatory reduction in rates and charges to avoid hardship. Assistance due to General Revaluation of the Local Government Area Section 601 of the Local Government Act, 1993 provides that where any ratepayer who suffers substantial hardship as the consequence of the making and levying of a rate following a new valuation, that ratepayer may apply to Council for rate relief. Assistance is only available in the first year new valuations are used to calculate.

Section 601(2) of the Local Government Act, 1993 provides that the Council has discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable by the ratepayer in such circumstances, for such period and subject to such conditions as it thinks fit.


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Assessment Process Application for Assistance with Payment of Rates, Fees and Charges must be received in writing. Council may also request the ratepayer attend an interview to assist in the understanding of the issues causing hardship. In determining eligibility, Council will use the criteria used by Centrelink for granting of a pensioner concession, including the assets and income test. a) The applicant must be the owner or part owner of the property and be liable for the payment of rates and charges on the property.

b) The property for which the hardship application applies must be the principal place of residency of the applicant(s).

c) The property for which the hardship application applies must be categorised as “Residential” or “Farmland” for rating purposes.

d) The application for hardship must be accompanied with supporting documentation which may include but is not limited to:

Reasons why the person was unable to pay the rates and charges when they became due and payable

Copy of recent bank statements for all accounts

Details of income and expenditure

Letter from a recognised financial counsellor or financial planner confirming financial hardship.

e) The General Manager has the delegated authority to assess all applications from any customer after receiving a written request.

f) With respect to Section 601 of the Local Government Act, 1993, Council will not consider hardship applications under this provision, as valuations are independently determined by the NSW Valuer General. Council will encourage aggrieved ratepayers to make an appropriate application under the appeal provisions of the NSW Valuation of Land Act 1916. Timeframes for Payment of Rates and Charges Where an applicant applies to pay rates, fees and charges owing on a property through a payment plan, payment instalments must be sufficient to ensure all outstanding amounts will be fully paid by 30 June in the relevant year. Where an applicant believes this requirement will cause the applicant severe financial hardship this matter must be discussed with the General Manager or nominee. Where the General Manager or nominee believes the requirement to pay amounts owing in full by 30 June in the relevant year, the General Manager or nominee may seek Council approval to enter into an alternative repayment schedule to minimise financial hardship to the ratepayer. Applications for Water consumption Charges To Be Separate from Rates Where an applicant applies to pay outstanding amounts on a payment plan a separate application must be made for each category of charge - that is applications to pay rates by a payment plan must be separate from an application for payment of water and sewer charges on a payment plan.


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Payments will be applied to outstanding amounts according to the agreed repayment amounts. Interest will continue to accrue on outstanding rates where applicable.

Failure to Comply With Agreed Payment Plans Where an applicant fails to comply with his/her agreed payment plan, and fails to rectify this breach within 14 days of the missed instalment being due, all outstanding amounts will be immediately referred to Council’s Debt Collection Agency. Where an amount is referred to Council’s Debt Collection Agency the applicant will be responsible for all applicable charges in addition to amounts outstanding. Confidentiality of Information Council will, at all times, maintain the confidentiality of information provided to it, or its staff members, in relation to an application under this Policy. Personal information provided will be managed in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act). Reporting Any Council rates and charges, accrued interest charges or legal costs reduced or waived under this policy must be detailed in the Rates Write Off Register. Overall details of all write-offs shall be provided in Council’s Annual Report. POLICY REVIEW DATE This policy will be reviewed two years from the date of formal adoption by Council.

RELATED DOCUMENTS Local Government Act, 1993 Local Government (General) Regulation 2005 The Privacy and Personal Information Protection Act 1998 (PPIP Act) Balranald Shire Council Policy for Collection of Outstanding Rates Balranald Shire Council Policy for Collection of Outstanding Fees and Charges Adopted by Council XXXXX 2017


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POLICY TITLE: POLICY FOR COLLECTION OF OUTSTANDING FEES AND

CHARGES EXPIRY DATE:

Nil

BACKGROUND Council charges, in addition to the levying of rates, a number of user fees and charges. These fees and charges are calculated to recoup Council’s costs of service delivery for the respective items and can include water and sewer charges, charges for private works, lease fees, rental income, waste management and other sundry income sources.

POLICY OBJECTIVE The objective of this policy is to ensure monies owed to Council are recovered in a timely, efficient and effective manner in order to finance Council’s operations and ensure effective cash flow management. While carrying out this responsibility Council will:

Treat all people fairly and consistently under this policy

Treat all matters under this policy confidentially

Treat all people with respect and sensitivity in considering their circumstances.

SCOPE This policy will apply to all debtors of Balranald Shire Council owing fees, charges and other debts (including amounts owing for water and sewer consumption charges) to Council. Collection of outstanding rate amounts is outside the scope of this policy and is dealt with under Council’s policy for the Collection of Outstanding Rates.

DEFINITIONS The following definitions should be used when interpreting this policy:

Recovery: Process Council undertakes to obtain money owed to Council and may proceed to legal action

Debtor: Person(s) owing an amount to Council

Default: Failure to meet an agreed arrangement

Financial Hardship: Difficulty in paying amounts owing when these are due.

POLICY STATEMENT

Council has a responsibility to manage its finances in a thorough and timely manner. This policy sets out debt recovery process in relation to all debts owed to Council.


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Water and Sewer Consumption Charges An initial invoice will be issued showing amounts owing and due dates for payment. If not paid by the due date, or where a payment arrangement has not been entered into, a further notice of amounts owing will be issued within 14 days after the due date and advising further action may be taken if the amounts owing are not paid within 28 days. The reminder notice will give the ratepayer a summary of the outstanding amounts and provide information about payment or contacting council to make an arrangement. If the ratepayer fails to pay from the reminder notice they will be notified of Councils intent to restrict the water supply in 10 working days from the date of the notice. Where the amount outstanding exceeds $1000 the General Manager may, after approval of Council, organise disconnection of the water supply in place of restriction. This notification will be hand delivered to the property in addition to being sent by registered post. Where a notice of intent to restrict water supply is issued, and the amount is not paid within the designated 10 working days Council staff will implement the notified actions and commence immediate recovery action. In the event that amounts outstanding are paid after water supply has been restricted the debtor will be responsible for paying all water supply disconnection and restoration costs to Council prior to water supply being restored. Sundry Debtors The debtor will receive an invoice detailing the particulars regarding the invoice and payment is required within 30 days. All amounts that remain unpaid after the due date will be charged interest at the rate indicated in Councils Fees and Charges Document. If not paid by the due date, or where a payment arrangement has not been entered into, a further notice of amounts owing will be issued within 7 days after the due date and advising further action may be taken if the amounts owing are not paid within 14 days. If not paid within 60 days the debtor will receive a letter stating that failure to pay outstanding amounts within 7 business days will result in legal action to recovery amounts owing being taken. Recovery Action – Referral to Debt Collection Agency Where a debtor has failed to comply with requests for payment in accordance with this Policy, or has not entered into a payment arrangement with Council, Council will commence recovery action through its appointed Debt Collection Agency. All costs incurred by Council in the recovery process, including legal fees and collection fees will be added to the amount owing by the relevant debtor. Reporting A report to Council detailing amounts referred to Council’s Debt Collection Agency will be provided on a quarterly basis. Confidentiality of Information

Council will, at all times, maintain the confidentiality of information provided to it, or its staff members, in relation to an application under this Policy. Personal information provided will be managed in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act).


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Council will not supply private credit agencies with information regarding legal action it has taken in the recovery of overdue amounts. However, Council recognises that judgement details are supplied to credit agencies by NSW courts. DOCUMENTATION / COUNCIL AND EXTERNAL REFERENCES Local Government (General) Regulation 2005 Local Government Act, 1993 Privacy and Personal Information Protection Act 1998 Balranald Shire Council’s Policy for Assistance with Payment of Rates, Fees and Charges as a Result of Financial Hardship POLICY REVIEW This policy will be reviewed two years from the date of formal adoption by Council. Adopted by Council XXXXX 2017


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POLICY TITLE: POLICY FOR COLLECTION OF OUTSTANDING RATES

EXPIRY DATE:

Nil

BACKGROUND

The Local Government Act 1993, Section 494, requires Council to levy an ordinary rate on all rateable land within the Shire on an annual basis. Categories of ordinary rates include farmland, residential,

mining and business.

In addition Council may levy a rate for Domestic Waste Management Water and Sewer Rates.

POLICY OBJECTIVE

To establish guidelines for the General Manager and staff when dealing with ratepayers in the collection

of overdue rates.

POLICY STATEMENT

Council levies rates at the beginning of each financial year. The rates owing for the relevant year may

contain a base amount, an ad valorem rate and in some instances a minimum rate amount.

However, rates may be paid by quarterly instalments as follows:

1. Quarterly Instalment Scheme

Payment of rates can be made, interest free, under quarterly instalment arrangements. The due

dates for payment are:-

- 1st Instalment by 31 August

- 2nd Instalment by 30 November - 3rd Instalment by 28 February

- 4th Instalment by 31 May


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At least 30 days before each due date, Council will issue an instalment notice.

Late payments will be subject to interest charges- see comment on interest charges below.

Reference: Section 562 Local Government Act 1993 2. Interest Charges

Council charges interest on rates and charges that become overdue. The maximum rate of interest is determined annually by the Department of Local Government and adopted by Council in its fees

and charges.

Council may waive (write off) accrued interest charges in mitigating circumstances affecting the

ratepayer, e.g. hospitalisation, death in the family, illness or other reasons that may cause the person financial hardship. Write offs are initiated at the discretion of the General Manager or

Director of Corporate and Community Development and will be reported to Council on a quarterly basis. Council will be under no obligation to write off such charges.

Interest charges which may have been incorrectly raised by Council will be written off.

Reference: Section 566 and 567 Local Government Act 1993

3. Instalment Payments for Supplementary Rate Issues

On occasions, Council has to levy a rate notice after the main issue date, in which case a ratepayer is entitled to an alternative arrangement for payment of the rate account.

If the supplementary issue is for the current year’s rate levy only, then Council will ask for quarterly payments based on the remaining due dates provided for under the Act. For example, if the rate

issue was made during October, the next instalment date is 30 November and Council would ask for

the first two quarters to be paid by that date, with the remaining two quarters payable by 28 February and 31 May respectively.

If the supplementary rate issue involves more than the current year’s levy, then the ratepayer is

asked to make payment on a quarterly basis as per above or on a monthly basis. Where payment of instalments is not made by the instalment date, interest will become payable.

Reference: Section 564 Local Government Act 1993


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4. Arrangements to Pay

Where a ratepayer is unable to pay the outstanding instalment amount by the due date, the ratepayer

may apply to enter into a payment plan in accordance with Council’s policy for Assistance with Payment of Rates, Fees and Charges as a Result of Financial Hardship.

5. Overdue Notices

If an account is overdue and an arrangement to pay has not been made, Council may issue an Overdue Notice calling for payment of the overdue amount. In most cases, the Overdue Notice will be issued within two weeks of the due date in line with Council’s debt collection policy.

6. Final Notices

For those accounts which are overdue and where no arrangement to pay exists, Council may issue a Final Notice, after the following stages have been reached: 1. The amount has been overdue for more than 2 months 2. The amount is greater than $1,000.

If full payment or a satisfactory arrangement is not made as a consequence of the Final Notice, then further recovery proceedings may be commenced which may result in legal and /or

professional costs being added to the amounts due.

7. Debt Collection

Once a debt has reached the guidelines outlined in point 6, or at the discretion of the General Manager or Director of Corporate and Community Development, the debt may be lodged with a Debt Collector appointed by Council. All listing fees and further legal costs will be charged to the debtors account. The standard proceedings are listed below, but are only a guideline and may alter at the discretion of the Director of Corporate and Community Development:

Overdue Notice from Council Final Notice from Council Listing with Debt Collection Agency Letter from Debt Collector

Final Notice /Letter from Debt Collector’s Solicitor (If a payment agreement is entered at any stage, but not kept, then a

Broken Payment Agreement Notice is sent)

Summons Charged, Issued, and Served Judgment is entered (if Judgment cannot be served, then a sub-service is

made on the property title)

SOE – Summons of Oral Examination (have to attend local court to ascertain ratepayers financial and employment details so that the court can determine an amount payable weekly by the ratepayer)

Garnish Wages (according to Court determination) Garnish Rent if rental property


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Pursue Sale of property (if debt greater than $5,000 or older than 1 year in the case of vacant land or 5 years otherwise) in accordance with the Local Government Act.

Any property becoming eligible to be sold for recovery of rates and charges in accordance with

S713 of the Local Government Act 1993 shall be submitted to Council for consideration.

8. Transfer of Ownership

For the purposes of a Section 603 certificate, the rates, charges and other amounts are taken to be due or payable, even though the requisite period (e.g. instalment) may not have expired.

Reference: Section 603 and 604 Local Government Act 1993 9. Reports to Council

A report providing a list of outstanding assessments is to be presented to Council at the end of each

quarter in respect of those debtors with outstanding arrears over $5,000. The report will also contain details of the action which has been taken by Council to recover those debts and the annual

rates and applicable charges associated with the collection of the outstanding amount.

CONFIDENTIALITY OF INFORMATION

Council will, at all times, maintain the confidentiality of information provided to it, or its staff members, in relation to an application under this Policy. Personal information provided will be managed in accordance with the Privacy and Personal Information Protection Act 1998 (PPIP Act). Council will not supply private credit agencies with information regarding legal action it has taken in the recovery of overdue amounts. However, Council recognises that judgement details are supplied to credit agencies by NSW courts. LEGISLATIVE PROVISIONS & REFERENCES

Local Government (General) Regulation 2005 Local Government Act 1993 Balranald Shire Council’s Policy for Assistance with Payment of Rates, Fees and Charges as a Result of Financial Hardship

POLICY REVIEW DATE

This policy will be reviewed two years from the date of formal adoption by Council.

Adopted by Council XXXXX 2017 Balranald Shire Council’s Policy for Assistance with Payment of Rates, Fees and Charges as a Result of Financial Hardship POLICY REVIEW This policy will be reviewed two years from the date of formal adoption by Council. Adopted by Council XXXXX 2017


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Infrastructure and Development Reports

Item I – 1 DA 34/2017 – PROPOSED SUBDIVISION MOULAMEIN – KYALITE RD, KYALITE

File number: DA 34/2017 Reporting Officer: Acting Director Infrastructure and Development – Robert Stewart Operational Plan Objective: Pillar 5 Our Infrastructure 5.3 Undertake key infrastructure improvements.

Officer Recommendation: Council delegate authority to the General Manager to finalise Development Application 34/2017 for the subdivision of Lot 1 DP 1137021, Moulamein – Kyalite Rd, Kyalite, creating two (2) allotments subject to the following conditions;

1) The subdivision complies strictly with the sketch plan as submitted. 2) Any new driveway to the newly created vacant lot, or alteration of existing

driveways is to be to the satisfaction of Council or its delegate, and at the applicants full cost.

3) A detailed landscaping plan showing vegetation buffers and maintenance systems to minimise impact on residential land uses be submitted to and agreed by Council prior to the release of the Subdivision Certificate.

4) Subject to the concurrence of Telstra and Essential Energy. 5) Separate application must be made for any development consent for any new

structures on the newly created lots.

Reasons for the imposition of conditions:

Statutory compliance, ensure appropriate infrastructure is provided for the

development and ensure impacts on the natural and built environment are

minimised

03.17.3963 RESOLVED on the motion of Cr Allen and Ugarte that the report be received

and recommendation be adopted.

In accordance with Section 375A of the Local Government Act 1993, the Mayor called for a Division

ALL COUNCILLORS VOTED IN FAVOUR OF THE MOTION.

Purpose of Report To seek Council’s delegation of authority to the General Manager to finalise a 2 lot subdivision of Lot 1 DP 1137021, Moulamein – Kyalite Rd, Kyalite, into two (2) lots, proposed Lot 1 being 2742m2 and proposed Lot 2 being 12.62ha.


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Report Pearson Group on behalf of RD & LR Bruton, have lodged an application to subdivide the above lot into two (2) lots, proposed lot 1 facing Moulamein – Kyaltie Rd, 2742m², and new lot 2, 12.62ha, having frontage to both Moulamein – Kyaltie Rd and Keogh Rd. Access to the proposed allotments appears to be sufficient for the current uses of the land. Should the land use be intensified, upgrading of accesses could be incorporated into future development consent/s. The proposal satisfies the requirements of Council’s LEP (minimum lot size 1200m²), and the matter has been advertised in accordance with S.88 of the Environmental Planning and Assessment Regs. 2000. At the time of writing, no submissions have been received, the advertising period closes on the 24/3/2017, should any submissions be received, they will be incorporated into a further report to Council.

Financial Implication Nil.

Legislative Implication Nil.

Policy Implication Nil.

Attachments Plan of Proposal


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Attachment: Plan of Proposal


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PART B – ITEMS FOR INFORMATION

General Manager’s Reports ITEM G – 3 CORRESPONDENCE

File Number: Reporting Officer: Aaron Drenovski, General Manager Operational Plan Objective: Pillar 1: Our People – A community that is proactive, engaged, inclusive and connected Officer Recommendation: For information.

03.17.3964 RESOLVED on the motion of Cr Mannix and Jolliffe that the report be noted. Purpose of Report To advise Council of recent correspondence of interest. Report 1 Letter from Euston Preschool 2. Certificate of Appreciation from Euston Preschool 3. Letter from Water NSW


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ITEM G -4 ACTION SHEET Reporting Officer: Aaron Drenovski, General Manager File Number: 120 Officer Recommendation: For information.

03.17.3965 RESOLVED on the motion of Cr Ugarte and Allen that the report be noted.

Purpose of Report To bring forward for Councillors information the Action Report with actions taken on previous council resolutions.

BALRANALD SHIRE COUNCIL ACTION SHEET

FEBRUARY 2017

MIINUTE DIRECTOR

/ FILE NO SUBJECT DATE

COMPLETED COMMENTS CURRENT STATUS

DCCD Tourism Committee – - Write to Minister re; consider BSC as part of the funding for Regional Development of Roads.

In Progress

06.16.3731 DID Apply to make Chinese Cemetery reserve Freehold.

In Progress

11.16.3885 GM Comply with Notice from Minister and Councils resolution

In Progress

11.16.3886 GM Appoint Leo Conway Agencies for auction of Caltex Notify the tenant in writing of council’s intention. Set the Auction Date Affix Councils seal to appropriate documentation

Auction 17.02.2017 Caltex Sold waiting for documentation

01.17.3920 ADID Balranald Beautification . Follow up tree planting at cemetery . Investigate trees in Presbyterian Cemetery – damaging headstones . “Friends of the Cemetery” volunteer group . Include $10,000 in budget for consideration. . Follow up dead trees in Moa Street . Plaque in honour of Greg Camin be placed at Race Track.

In Progress


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01.17.3920 ADID Euston Beautification Insert the following in the Long Term Delivery Plan and Strategic Plans; * BBQ, chairs & tables and shelters at Lake Benanee, Euston Cemetery Carpark, works at Euston Courthouse. Place an article regarding footpath pride in newsletter and on website. BBQ at Anderson Park repair works. Write a letter on behalf of Euston Beautification Committee to John Stevenson. Cnr Nixon and Cowper St in need of repair works to bitumen.

In Progress

02.17.3921 GM Make minor alterations to Delegations of Authority document and report back to council.

Reported

02.17.3924 GM Adopt all policies and display on website, rescind the policies as suggested.

In Progress

02.17.3925 GM Adopt the Draft Internal Audit Committee, seek expression of interest for two independent external members.

In Progress

02.17.3927 DCCD Advertise Draft Policy – Payment of Expenses & Provision Facilities for Mayor & Councillors

21.03.2017 Reported back to March Meeting

02.17.3928 ADID Adopt the Draft Community Engagement Strategy

23.02.2017 In Progress -advertised

02.17.3929 ADID Give Consent to modifications of DA 25/2017 D96 Modification of Consent Subdivision 65 Mayall St, Balranald

22.02.2017 Consent Given

02.17.3930 ADID Give Consent to installation of two bay manual carwash facility – DA 26/2017

22.02.2017 Consent Given

02.17.3931 ADID Close part of McGinty Road and do all necessary documentation.

In Progress

02.17.3932 ADID Finalise the Far West Regional Plan 2036, have Mayor & GM to lodge submission detailing issues raised in report.

23.02.2017 Submission Sent

02.17.3933 ADID Write to minister seeking special case to fund the Strategy on a 50% basis with Council. Consideration in budget 2017/2018.

23.02.2017 Letter Sent

02.17.3934 GM Submission to Sunraysia Solar Farm outlining the issues identified in the Report.

23.02.2017 Submission Sent

02.17.3934 GM/Mayor Negotiate with Sunraysia Solar Farm to maximise opportunities for the local community.

Meeting with Sunraysia Solar Farm Reps on Friday 17.03.2017

02.17.3935 ADID Refer Balranald Sewer Lines condition and restoration to future budget meetings.

Noted

02.17.3939 DCCD Submit full outstanding Rate report in Confidential Section of March Ordinary Council Meeting.

21.03.2017 Reported

02.17.3944 ADID Adopt Community Strategic Plan and proceed to seek community input.

23.02.2017 In Progress - Advertised


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Corporate and Community Development Division

Item C - 5 STATEMENT OF FUNDS: FEBRUARY 2016 File number:

Reporting Officer Director of Corporate and Community Development

Operational Plan Objective: Pillar Six: Our Leadership – a community that values and fosters leadership, lifelong learning, innovation and good governance Officer Recommendation:

2. That Council receive and note the report 03.17.3966 RESOLVED on the motion of Cr Allen and Mannix that the report be noted.

Purpose of Report To advise Council of Funds and Investment held for the Month Ending 28th February 2017.

INVESTMENT WITH TERM (DAYS)

MATURITY DATE

INTEREST RATE

INVESTMENT VALUE

Westpac Business Cash Res Bus Cash Reserve AT CALL 0.700% 1,380,986

Westpac Bank 28 23/03/17 2.220% 500,000

Westpac Bank 28 23/03/17 2.220% 500,000

NAB 85 4/04/17 2.700% 500,000

Bendigo Bank 178 6/04/17 2.700% 500,000

Westpac Bank 90 22/05/17 2.380% 500,000

NAB 90 9/05/17 2.590% 500,000

TOTAL INVESTMENT PORTFOLIO 2.108% 4,380,986

Westpac Bank CASH AT BANK 43,280

TOTAL INVESTMENTS plus CASH AT BANK 4,424,266


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RESTRICTED FUNDS EXTERNAL INTERNAL June 16

Total QBR1

Transfers QBR2

Transfers ProposedTransfers

Feb 17 Total

Specific Purpose Unexpended Grants 386,000 386,000 -200,000 -120,000 66,000

Domestic Waste Management 67,000 67,000 67,000

Water Supplies 562,000 562,000 -214,000 348,000

Sewerage Service 1,740,000 1,740,000 -149,000 1,591,000

Plant & Vehicle Replacement 276,000 276,000 276,000

Infrastructure Replacement 656,000 656,000 656,000

Employee Leave Entitlements 300,000 300,000 -31,000 269,000

Deposits, Retensions & Bonds 106,000 106,000 -106,000 0

Carry Over Works 264,000 264,000 -118,000 146,000

Caravan Park 108,000 108,000 -11,000 97,000

Euston Cemetery 38,000 38,000 38,000

Health Reserve 3,000 3,000 3,000

Hostel Bonds 388,000 388,000 -270,000 118,000

Hostel Reserve 10,000 10,000 -10,000 0

Market Street Improvements 20,000 20,000 20,000

Town Clock 3,000 3,000 3,000

Gravel Pite Rehabilitation 170,000 170,000 170,000

Other Assets Replacement 300,000 300,000 300,000

Other (Unexpended Cont. Euston) 94,000 94,000 94,000

TOTAL RESTRICTED FUNDS 2,849,000 2,642,000 5,491,000 -502,000 -231,000 -496,000 4,262,000

FUNDS HELD Investment Bank Combined Restricted Feb 17 Total

General Fund 2,280,986 -745,034 1,535,953 2,256,000 -720,047

Domestic Waste Management 0 118,723 118,723 67,000 51,723

Water Supplies 600,000 325,486 925,486 348,000 577,486

Sewerage Service 1,500,000 344,104 1,844,104 1,591,000 253,104

TOTAL FUNDS HELD 4,380,986 43,280 4,424,266 4,262,000 162,266


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BANK RECONCILIATION

Cashbook Summary

Opening cashbook Balance

40,969.34

Plus Receipts

2,079,834.34

Less Payments

2,096,851.22

Cashbook Balance at 28 February 2017

23,952.46

Statement Summary

Opening Statement Salance

77,527.04

Plus Receipts

2,080,948.74

Less Payments

2,115,195.85

Bank Statement Balance at 28 February 2017

43,279.93

Plus Unpresented Receipts

107.15

Less Payments

19,434.62

Reconciliation Balance at 28 February 2017

23,952.46

Certification by the Responsible Accounting Officer: In accordance with paragraph 212(1)(b) of the Local Government (General) Regulation, the investments listed in this report have been made in accordance with:

(i) The Local Government Act,1993 (ii) The Regulations, and (iii) Councils Investment Policy

Charmaine Murfet Responsible Accounting Officer 15 March 2017


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Item C - 6 UPDATE ON INTEGRATED PLANNING AND REPORTING

File number:

Reporting Officer: Director of Corporate & Community Development Operational Plan Objective: Pillar 6: Our Leadership 6.3.2 – Provide good Governance, prudent financial management and effective support services for all its activities. Officer Recommendation: That Council note the information contained in this report.

03.17.3967 RESOLVED on the motion of Cr Jolliffe and Allen that the report be noted

Purpose of Report To inform Council on the current state of work being undertaken to complete the requirements of the Integrated Planning and Reporting framework for 2017-18 going forward. Report Council, as part of its compliance with the Integrated Planning and Reporting Framework, is required to prepare a number of strategic planning documents including a 10 year Community Strategic Plan, a 10 year long term financial plan, a four year Delivery Plan and an 1 year Operational Plan which sets out Council’s objectives, the levels of service delivery and how Council proposes to deliver services to its community. As part of this framework Council is also required to consult with the community about its strategic objectives and proposed delivery program to achieve these objectives. Work on preparing these documents is progressing. Council at its previous meeting in February adopted a draft Community Strategic Plan which has been placed on display for community consultation. Council has also, as part of the Community Strategic Engagement Strategy, held community forums in Euston and Balranald on 16th March to enable members of the community to ask questions and provide feedback on the proposed strategic direction. Community feedback on this draft plan closes on 21st March 2017. Council has also now prepared a draft Delivery and Operational Plan for Council consideration. A draft budget incorporating information from these plans is currently being developed.


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A Councillor workshop to consider its draft budget, and feedback from community consultation will be held on 6th April 2017.




Attachment Nil


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Item C - 7 TOURISM REPORT – February 2017 File number: 771B Reporting Officer: Director of Corporate & Community Development Operational Plan Objective: Pillar 3: Our Economy – 3.2.1 Tourism Officer Recommendation:

1. That Council accept the February 2017 Tourism report for information.

03.17.3968 RESOLVED on the motion of Cr Allen and Purtill that the report be noted.

Purpose of Report To provide Council with a progress report on Tourism activities. Report Attached to this report is the Tourism Monthly Reporting Dashboard for the month of February 2017 The following is a summary of the statistics & activities provided in this report: Although February is traditionally a slow month for visitors, statistics still showed an increase in walk-in from same time last year and we also achieved strong results from ongoing digital, social and traditional media activities. We continued an integrated media campaign (albeit a reduced funded campaign) over February with a “call to action” and objective of driving the audience to the website and to then download the digital Visitor Guide (or to call the VIC for a Visitor Guide). Albeit a reduced funded campaign from our previous campaign, the activities produced strong results with traffic to the website increasing by 14% from last month. The website statistics also showed that social media (Facebook) accounted for 53% of the traffic driven to the website with 33% of the traffic being from organic search, i.e. putting key words such as “Discover Balranald” into their search engine after hearing about the brand via other mediums. The number of phone enquiries generated by the website or promotions was 41. Three key projects was on the go in February being the Balranald Business Online Project with now around 20 websites under development and almost completed with workshops set for March. We also continued implementation activities on the Heritage Near Me project and also supporting the organisation and development of the presentation for the Back to Business “Keep It Local” event. Social media promotions continue to produce strong results with a total audience reach (those who saw the post)of 125,396 people (from 6 posts) and 10,468 people directly engaging/reacting/responding to the posts, along with the increased number of visitors who clicked on the links directly to the website. The average spend per post during this period was approximately $115.00.


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Walk-In at the Visitor Information Centre increased by 11% compared to the same time/period last year and visitors to the Interpretive Pavilion continues to impress even through a slow period with 1,002 walk-ins recorded for February. Sales were also impressive with an increase of 20% compared to same time last year. Visitors from interstate accounted for 44% of walk-ins with intrastate visitors accounting for 48% and international visitors 4%.. Top 9 reasons that brought people to the area for the month was as follows: 1. Passing Through 2. Visiting Family & Friends; 3. Discovery Centre; 4. Social Media & Website; 5. Return visit due to positive experience; 6. TV/Radio; 7. Review Sites; 8. Word of Mouth, 9.Other




Attachments Tourism Monthly Reporting Dashboard & 2016 Achievement Presentation is available upon request


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Infrastructure and Development Reports

Item I - 2 PLANNING ADMINISTRATION

File number: 600 Reporting Officer: Acting Director Infrastructure and Development – Robert Stewart Operational Plan Objective: Pillar 6 Officer Recommendation: That the report be noted.

03.17.3969 RESOLVED on the motion of Cr Jolliffe and Mannix that the report be noted. Purpose of Report To advise Council of certificates issued under delegated authority and submissions made towards major projects. Report The following Construction Certificates, Complying Development Certificates, Section 68 Certificates and / or Notices of Determinations have been issued since the February 2017 meeting of Council.

Application Owner/Applicant Locality Description

DA 27/2017 Josh Perryman Belgium Park, Clare Freshwater Rd, Balranald

Dwelling

DA 30/2017 Josh Perryman Kyalite Moulamein Road, Kyalite

Dwelling

DA 32/2017 Margaret Lanteri 47 Mayall Street, Balranald

Demolish Shed

Erect Carport,

Veranda & Shed

The following numbers of other certificates have been issued

149(2) 149(5) 121ZP 735A Drainage Diagram

Noxious Weeds

17 11 2 0 4 0


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Submissions made towards major development applications

Project Description Action

Limondale Solar Farm Submission in relation to public exhibition of EIS

Almas Almonds Submission in relation to SEARs

Far West Regional Plan

Submission in relation to Draft Plan

Financial Implication Nil.

Legislative Implication The approvals process.

Policy Implication Nil.

Attachments Nil.


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Item I - 3 MAINTENANCE AND CONSTRUCTION PROGRAM File number: 726 Reporting Officer: Acting Director of Infrastructure and Development – Robert Stewart Operational Plan Objective: Pillar 5 – Our Infrastructure Officer Recommendation: That the report be noted and accepted.

03.17.3969 RESOLVED on the motion of Cr Ugarte and Jolliffe that the report be noted.

Purpose of Report To provide Council with a progress report on works, since the February meeting. Report

1. Roads Program Council has continued its unsealed roads maintenance, as well as sealed road maintenance. Works have been undertaken in the following areas:

General sign repair and maintenance

Arumpo Road

Grid Maintenance and installation of new grids on the Mildura Ivanhoe Road

Euston Prungle Road

Councils resealing program is nearing completion with primerseals scheduled for April

Prungle Mail Road

Gravel pit stripping and stockpiling

Crack Sealing - Aerodrome

2. Roads to Recovery Program

Works on the Prungle Mail Road at the Sturt Highway end, Marma Box Creek Road and a section of the Tillara Road at the Sturt Highway end are being prepared for sealing which is scheduled for early April. Quotations have been received for Kilpatrick Road Widening at Euston and Arumpo Road/Prungle Marma realignments and works are expected to commence in May.


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3. RMS Capital Works Program

Works are being completed on a 3km section of the Balranald Ivanhoe Road just South of Clare. Final preparation work for sealing is being completed. Sealing work is scheduled for early April.

4. Water Supply and Sewerage Program The water supply and sewerage program is progressing with major capital works complete and maintenance being carried out

The water and sewerage telemetry contract is complete with final checks and testing scheduled for 21 and 22 March.

Balranald Sewerage Treatment Farm – works are complete for the first stage (pond 2) and ponds 3 and 4 are empty and dry. Works are scheduled for early May.

The final stages of the CCTV program for Balranald Sewerage are scheduled for May.

Major break and repairs Endeavour drive

Cleaning and identification of hydrants – Balranald

5. Miscellaneous Works

a) Applications for Flood Restoration (Disaster Relief) have been submitted and waiting on works approval. The value of this work is $508,000. Inspections and approvals are expected for the 21st and 22nd March.

b) Parks and Gardens Maintenance

c) Road Manager Consent – National Heavy Vehicle Regulator


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HEAVY VEHICLE OPERATIONS

APPLICANT DETAILS CONSENT / DENIAL CONDITIONS

Pickering transport Euston Taylor,Morris and Kilpatrick

PBS Quad Tri B Double

Consent until 15/2/2018

Bruton B Double network

PBS 5 axle dog trailer

Consent To 2020

No Travel on Unsealed roads following a

rain event until it dries out.

Claridge House Removals Kyalite Rd

Oversize

Consent Single trip

Standard pilot and Escort requirements

Claridge House Removals Cally St and Church St Balranald

Oversize

Consent Single trip


Claridge House Removals Piper, O,Conner, Moe Ivanhoe Rd to Clare

Oversize

Consent Single trip


Bruton B Double network CML O,Conner St West

PBS 5 axle dog trailer

Consent To 2020

No Travel on Unsealed roads following a

rain event until it dries out.

Monaghan Logistics Kyalite Rd farm machinery

Oversize/Overmass

Consent Single trip

Financial Implication As per budgeted works program.

Legislative Implication Nil.

Policy Implication Rural Roads Policy.

Attachments Nil.