Central Darling Shire Council - Ordinary Meeting 26 July 2017

CENTRAL DARLING

SHIRE COUNCIL

Minutes

For the Ordinary Meeting

Wednesday 26thJuly2017 at 9:05am

In the Council Chambers

Wilcannia NSW

Council dedicated to serving its Communities

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These Minutes are in draft form only and must be confirmed by Council at its next Meeting

Central Darling Shire Council - Ordinary Meeting 26 July 2017

The Ordinary Meeting of Council held at The Central Darling Shire NSW on Wednesday 26 July2017 commencedat 9:05am.

Order of BUSINESS

SECTION 1. ATTENDANCE

SECTION 2. DISCLOSURES OF INTEREST – PECUNIARY AND NON PECUNIARY

SECTION 3. PUBLIC ACCESS – QUESTIONS AND COMMENTS FROM THE PUBLIC

SECTION 4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

4.1 BUSINESS ARISING FROM MINUTES

SECTION 5. ADMINISTRATOR’S MINUTE REPORT

SECTION 6. DETERMINATION REPORTS

6.1WESTERN DIVISION SHIRES ASSOCIATION

6.2KNOX AND DOWNS

6.3CDSC POLICY REGISTER

6.42017-18 ROADS TO RECOVERY PROJECTS

6.5PROPOSED AUGUST 2017 COUNCIL MEETING

SECTION 7. INFORMATION REPORTS

7.1ENVIRONMENTAL SERVICES STATISTICS

7.2WORKS PROGRAM ATTACHMENT x

7.3COBB HIGHWAY – INITIAL SEAL PROJECTS

7.4COUNTRY TOWNS WATER SUPPLY, REGIONAL WATER AND WASTEWATER BACKLOG

7.5ROADS REPORT

7.6SERVICES

7.7CAPITAL WORKS

7.8CASH AND INVESTMENTS

SECTION 8. THE RECEIPT OF REPORTS FROM COMMITTEES

SECTION 9. URGENT BUSINESS

SECTION 10. CONFIDENTIAL MEETING

SECTION 11. DATE AND VENUE FOR NEXT MEETING

SECTION 1. ATTENDANCE

PRESENT:

Greg WrightAdministrator

Michael BoydGeneral Manager

Jacob PhilpDirector Business Services

Reece WilsonDirector, Shire Services

Angela Bates Executive Assistant

SECTION 2. DISCLOSURES OF INTEREST – PECUNIARY AND NON PECUNIARY

Nil.

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These Minutes are in draft form only and must be confirmed by Council at its next Meeting

Central Darling Shire Council - Ordinary Meeting 26 July 2017

SECTION 3. PUBLIC ACCESS – QUESTIONS AND COMMENTS FROM THE PUBLIC

Council’s policy in regards to public access to Council Meetings states:

  • public access to monthly meetings of Council is listed as an agenda item;
  • each member of the public seeking to address Council is to register with the General Manager prior to commencement of the Council meeting. Each member of the public is to complete a “registration form’ obtained from Council staff. The registration form seeks the proposed topic or topics in public access to be stated;
  • each registered member of the public address is limited to five minutes; and
  • all matters raised in public access are recorded and a response provided at the Council meeting or in writing within one month after meeting date.

Note: The Council registration form indicates only policy making and strategic matters are permitted in public access. Operational matters are to be addressed/raised separately with the General Manager. Comments/statements made at Council Meetings are not subject to Parliamentary Privilege.

Three members of the public attended Council Meeting. Long Term resident Neville Crisp asked several questions in relation to the Footpath and the remaining duration of the Central Darling Shire Council under Administration. The Administrator Greg Wright answered each question.

SECTION 4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

01-06-17

RECOMMENDATION:

Thatthe minutes of the Ordinary Meeting of the Council held onThursday21 June 2017, be taken as read and confirmed as a correct record of the proceedings of the meeting.

Resolved

4.1 BUSINESS ARISING FROM MINUTES

Nil.

SECTION 5. ADMINISTRATOR’S MINUTE REPORT

Nil.

SECTION 6. DETERMINATION REPORTS

6.1WESTERN DIVISION SHIRES ASSOCIATION

Summary
The purpose of this report is to enable the Council to consider its ongoing financial commitment to the Western Division Shires Association.

Commentary

Following a meeting of the Western Division Councils held in Broken Hill on 4 May 2017 and in Cobar on 30 June 2017, the member Councils resolved in principle to work on the development of a new approach to addressing the way in which the Western Division councils operate on a regional level.

Members discussed and canvassed a number of options and agreed on a base structure and functions for the new Organisation. The agreed proposal has been summarized below.

Purpose

  • To provide regional leadership and a united voice for the Member Councils and the communities they represent.

Role

  • The Organsation is a service organisation for its Member Councils. Councils will remain completely autonomous entities operating independently of the Organisation but in support of its activities.
  • The Organisation will implement projects and activities at the direction of the Board or it can initiate activities and projects with the approval of the Board.

Structure

  • Company Limited by Guarantee - the Organisation will seek permission from the Minister for Local Government to form a Company Limited by Guarantee. This structure will allow the Organisation to enter into contracts in its own right. This approach means that there is no need for special legislation to create the organisation as would be the case with the proposed Statutory Authority.
  • This structure would allow the Organisation to partner with state agencies in the delivery of a services on a joint venture basis.
  • 11 Member Councils - all the current Western Division councils will be invited to join. Membership does not preclude councils from being members of other council groupings like OROC and RAMROC. Councils will commit, in writing, to remaining a member of the Organisation for a minimum period of 4 years (the life of the current councils plus one year). After the first four years, councils will be able to leave the Organisation or re-commit for a further four years.
  • Member councils each have one vote, the Mayor is the voting member.
  • The Member Council's representatives will be the Mayor and the GM. The Mayor will be able to nominate a substitute delegate in the event that he/she is not able to attend a meeting. GMs will attend the meeting in an advisory capacity, they will have full participation rights in the meeting but will not be able to vote.
  • The Organisation will also invite Observer to the meetings. Observers do not pay a membership fee nor do they have voting rights. However, Observers will receive Board Papers and Minutes, and will be able to speak at Board meetings. Initial Observers may be relevant state government departmental representatives such as DPC, as well as RDA and a representative indigenous organisation - each can send one representative to a Board meeting and may nominate a substitute delegate.
  • The Organisation will be able to form function-based sub-committees eg. Planners' Sub-committee, Engineers' sub-committee to provide opportunities for technical staff to deal with common operational issues with the aim of identifying projects in their technical areas that could be implemented on a regional basis. Sub-committees will be able to invite state agencies or other stakeholders to participate in their meetings on either an on-going or ad hoc basis e.g. RMS, Dept of Planning.
  • The Organisation will be able to form project-based sub-committees that respond to specific issues or to implement specific projects e.g. Community Safety or a Grant-funded project. The Committee will be able to invite representatives from state agencies or other stakeholders on either an on-going or ad hoc basis e.g. Police, DPC, community organisations.
  • The Organisation will be able to deliver projects on a cluster basis - this approach will be used when the most optimal way of delivering an activity or project is on a sub-regional basis. An example of a cluster operation could be:
  • Cluster 1: Walgett, Brewarrina, Bourke, Moree Plains
  • Cluster 2: Cobar, Broken Hill, Central Darling, Lachlan;
  • Cluster 3: Carrathool, Wentworth, Balranald.
  • The Organisation will not be tied to a specific cluster arrangement. Clusters will be determined on a project-by-project basis, with the most optimal arrangement being implemented. Clusters do not have to be formed between neighbouring councils, they can be formed by councils that share the same interest in, or need for, a particularly activity, service or project.

Functions

  • The Organisation will undertake the following functions:
  • Regional Planning - regional planning will inform decision making by councils and state agencies on the allocation of resources across the Region. It will also demonstrate that the Organisation is taking a long-term perspective in relation to the Region's needs and challenges.
  • Intergovernmental Collaboration - the Organisation will actively collaborate with state agencies to design, deliver, inform and monitor service delivery across the Region, ensuring value for money outcomes, the reduction of duplication and positive results for the communities that are serviced.
  • Advocacy and Lobbying - the organisation will show leadership through advocating and lobbying for its Member councils and the communities they represent.
  • Shared Services and Resource Sharing - the Organisation will identify opportunities and implement activities and projects that lower the cost of council operations or enhance the quality or quantity of council services and operations.

Fees and Funding

  • Membership Fees - For the first four years of operation each Member Council will commit to paying a membership fee of $9,000 (excl GST). The Member Councils may, at any time, agree to introduce a different funding formula for Membership Fees.
  • State Funding - the Board will seek a commitment from the State to contribute a minimum of $200,000 per annum, for the first 4 years of the Organisation’s operations, to the core operating costs of the Organisation. The Board may agree to meeting State-set milestones that are relevant for the Organisation’s progress, in return for the funding.
  • Grant Funding - the Organisation will actively seek opportunities to obtain grant funding to deliver projects and activities which benefit the Member Councils and/or the communities they represent.
  • Fee-for-Service - the Organisation may take on fee-for-service activities with the approval of the Board. Such services could include the delivery services that are State or Federally funded e.g. environmental programmes, employment services, community services.

Staffing and Resourcing

  • The Organisation will engage an appropriately qualified and experienced person in the role of Executive Officer. The CEO will be located independently of the member councils.

(a) Policy Implications
Nil

(b) Financial Implications

Agreement by Council to be part of the new organisation will require Council to financially commit to a base membership fee of $9000 per annum plus GST for a period of 4 years. Any specific project related costs will be additional to that base membership cost. A saving of the current membership cost of $2278.10 (Incl GST) will be received.

(c) Legal Implications
The proposed organisational structure will require approval from the Minister of Local Government.

(d) Community Consultations
Nil

02-07-17

RECOMMENDATION

That Council resolve to commit to the proposed revised Western Division Shires Association structure for a period of 4 years at a base cost of $9000 per annum excluding GST.

Resolved.

6.2KNOX AND DOWNS

Summary:

The purpose of this report is to provide Council with an update of the progress of the proposed re-development of the former Knox and Downs site at the corner of Myers and Reid Streets by Baaka Cultural Centre Wilcannia Aboriginal Corporation.

Commentary:

The former Knox and Downs site has long been an eyesore on the streetscape of Wilcannia following the fire which gutted the building in 2004. Following that unfortunate event, the Council acquired the site for non-payment of rates i.e. it was never intended as an acquisition by Council for strategic purposes.

At the September 2015 meeting of Council, it was resolved to seek Expressions of Interest (EOI) for the potential to re-develop of the former Knox and Downs site. At that time, it was also resolved that community opinion would also be sought relating to what could happen on the site. Options for the proposed usage as well as future tenure were sought through the process.

Advertisements were placed in the Barrier Daily Truth as well as the Wilcannia News, closing end October 2015. At the November 2015 Council meeting, Council considered the EOI and community comments received, and following that consideration, resolved to support the continued development of the proposal submitted by the consortium led by Bob Constantine which has now been formed as Baaka Cultural Centre Wilcannia Aboriginal Corporation (Baaka).

Since that time, a number of meetings have been held between representatives of Baaka and the Council, in part as progress reports of the community consultation, but also as the provision of advice regarding the application for significant funding from government agencies that will assist in facilitating the commencement and completion of the redevelopment of the site in stages. Concurrent to those applications has been the negotiation between the parties of a lease of the site with Baaka to assist in its evidence of legal occupation of the site for grant application purposes.

To assist the Council in this regard, Council has engaged the services of its legal advisers, Austen Brown Boog Solicitors, to provide a standard commercial lease which has been the subject of minor editing for the specific site purposes.

It is noted that the it is proposed to include a purchase option within the lease which can only be activated upon evidencing successful operation of the premises by the Lessee for two (2) consecutive years after construction of the Building – the proposed purchase price will be the last formal valuation obtained by the Council from the Valuer General prior to the execution of the option.

The legislative consultation requirement for Council was addressed during the EOI process and it is proposed that Council delegate to the General Manager the authority to finalise the lease negotiations with Baaka, and execute, following consultation with the Administrator, the lease documentation on behalf of Council.

Policy Implications:

Nil

Financial Implications:

Not known at this stage.

Legal Implications:

Council’s requirements were addressed during the EOI process.

Community Consultation:

Community consultation has been undertaken to ascertain the views of the community relating to the potential for the site.

03-07-17

RECOMMENDATION:

That Council delegate to the General manager the authority to finalise the lease negotiations with Baaka Cultural Centre Wilcannia Aboriginal Corporation, and execute, following consultation with the Administrator, the lease documentation on behalf of Council.

Resolved

6.3CDSC POLICY REGISTER

Summary:

The purpose of this report is to provide Council with an update of the progress of the review of the Policy Register and for Council to approve the Public Consultation phase for a number of New or Revised Policies.

Commentary:

Council’s Policy Manual, last updated in 2013, contains many policies that are outdated and far from best practice, with some policies not revised since adoption in 2009. Many of the policies are in fact not policy but moreso procedures, and some are specifically legislated elsewhere. .For some time, senior management have been undertaking a review of the existing policies. It is noted that some policies have still to be reviewed/rewritten and a further report will be provided to Council when that work has been completed.

The reviewed policies fall within 3 separate and distinct categories, and a previous report to Council’s May meeting provided the assessment of the existing policies.

Consequently, the following policies are recommended for deletion (due to the policy being assessed as a procedure rather than a policy, the purpose of the policy has now expired, or it is now included in legislation) and /or re-adoption subject to minor wordage changes following Council’s organisational position title changes and/or legislation references changes:

Policies to be deleted:

  • Award Restructuring
  • Child Protection
  • Condolences – Community Housing
  • Condolences
  • Corporate Credit Cards
  • Council Minutes of Confidential Meetings
  • Debt Recovery – Rates
  • Debt Recovery Rates/Sundry Debtors
  • Das – Notification to Adjoining Owners
  • Disciplinary Procedures
  • Disposal of Asbestos Waste (1990)
  • Election of Mayor and Deputy Mayor
  • Emergency Situations – Staff involvement
  • Employment – Secondary
  • Equal Employment Opportunity
  • Expenses – Staff
  • Fraud and Corruption Policy
  • Gifts sand Benefits Policy
  • Grievance and Dispute Procedures - Staff
  • Human Resource Management
  • Interview Expenses
  • Investment Policy
  • Management of Barwon/Darling River System
  • Motor Vehicles – Use of (2 policies, same name)
  • Nuclear Waste – Disposal of
  • Outdoor Staff – Procedures for Employment
  • Payment of Expenses and Provision of Facilities to Councillors (2012)
  • Pool Guidelines – Wilcannia
  • Privacy
  • Public Access to Council Meetings
  • Purchase Preferences
  • Public Access
  • Public Interest Disclosures – Internal Reporting (2011)
  • Removal Expenses
  • References for Staff
  • Rental of Council Properties
  • Risk Management Policy (2004)
  • Rural Property Water Connections
  • S355 Committees of Council – Rules Governing
  • Secondary Employment
  • Smoking in the Workplace
  • Special Leave
  • Staff Uniforms
  • State Emergency Vehicles
  • SES Vehicles – Registration and Insurance
  • Telephone Expenses
  • Unpaid Rates and Charges – Handing Back Land
  • Use of Council Halls
  • Use of Council Halls – Wilcannia
  • Use of Council Plant for Emergency Purposes – Authority to Permit
  • Use of Council Plant – General
  • Vehicle Replacement
  • Water Consumption – Shire Properties
  • Internal Reporting Public Interest Disclosures (2013)
  • Complaints Management
  • Employee Housing Policy (2015)
  • Motor Vehicles – Private Use of
  • Payment of Expenses and Provision of Facilities to Councillors (2014)

Policies to be re-adopted:

  • Asbestos Policy (2014)
  • Asset Management
  • Australia Day Awards
  • Boundary Fencing
  • Closed Roads
  • Community Awards and Recognition
  • Dog Control – Caravan Park
  • Economic Hardship
  • Electronic Mail Policy
  • Financial Assistance Policy
  • Fire Tankers and Tankers Training – Use Of
  • Gates, Grids and Stockraces on Public Roads
  • Graffiti Policy and Action Plan
  • Insurance Excess for Committees of Management
  • Media Relations
  • Natural Disasters – Establishment of Emergency Fund
  • Outdoor Settings – Community Land
  • Procurement of Goods and Services
  • Recycling
  • Risk Management Policy (2012)
  • Sewerage
  • Trucks Entering Town – Dropping of Dust
  • Street Trees
  • Verge Maintenance
  • Code of Meeting Practice (2012)
  • Environmental
  • Work Health and Safety
  • Sale of Council Land
  • Write-off Rates and Charges

Policies to be placed on Public Consultation: