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Minutes
Ordinary Meeting of Council Tallangatta Council Office
Tuesday 4 February 2014
This information is available in alternative formats on request
TOWONG SHIRE COUNCIL
ORDINARY MEETING 4 FEBRUARY 2014
2
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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD AT TOWONG SHIRE COUNCIL,
TALLANGATTA OFFICE ON TUESDAY 4 FEBRUARY 2014 COMMENCING AT 10.05 AM.
TABLE OF CONTENTS
1 Opening Prayer ........................................................................................................................................... 4
2 Councillor and Officer presence at the meeting ............................................................................ 5
3 Apologies and granting of leave of absence ................................................................................... 5
4 Declaration of pecuniary interest and/or conflict .......................................................................... 5
5 Confirmation of minutes ......................................................................................................................... 5
6 Petitions, joint letters and declarations ............................................................................................. 6
6.1 Walwa Odour Issue (01/04/0054-DTS) ....................................................................................... 6
6.2 Goats in Mitta Mitta (02/09/0003-Cr Scales) ........................................................................... 6
7 Assembly of Councillors .......................................................................................................................... 7
8 Open Forum ................................................................................................................................................. 7
9 Organisational improvement ................................................................................................................. 8
9.1 Finance Report as at 31 December 2013 (CEO) ...................................................................... 8
9.2 Action Sheet Reports (06/05/0010-EA) ................................................................................... 20
9.3 Council Plan Priorities (07/05/0022-DCCS) .......................................................................... 20
9.4 Performance Reporting Graphs (DCCS) .................................................................................. 20
10 Community wellbeing ........................................................................................................................... 21
10.1 Neighbourhood Safer Places (07/01/0123-DTS) ............................................................. 21
11 Asset management ................................................................................................................................ 26
11.1 Works Schedule (DTS) ............................................................................................................... 26
12 Land-use planning .................................................................................................................................. 27
12.1 Towong Planning Scheme Amendment C30 – Environmental Significance
Overlay (ESO) (03/02/0038–CEO) .......................................................................................................... 27
13 Environmental sustainability ............................................................................................................... 33
14 Economic and tourism development............................................................................................... 33
15 Councillor reports ................................................................................................................................... 34
15.1 Bellbridge Australia Day Community Breakfast Awards (Cr Joyce) ........................... 34
15.2 Walwa Australia Day Community Breakfast Awards (Cr Gadd) .................................. 34
15.3 Corryong Australia Day Community Breakfast Awards (Cr Fraser) ........................... 34
15.4 Mitta Valley Australia Day Community Breakfast Awards (Cr Scales) ...................... 34
15.5 Tree Clearing Corryong (Cr Fraser) ....................................................................................... 34
15.6 Dart Mining Community Meeting (Cr Wortmann) .......................................................... 34
16 Urgent business ....................................................................................................................................... 35
16.1 Procurement of Fuel Products (07/05/0007-CEO) .......................................................... 35
16.2 Banking Services Review (06/02/0021-CEO) ..................................................................... 43
TOWONG SHIRE COUNCIL
ORDINARY MEETING 4 FEBRUARY 2014
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17 Committee minutes ............................................................................................................................... 53
17.1 Audit Committee (07/07/0010-CEO) ................................................................................... 53
17.2 Lake Hume Land and On-Water Management Plan CRG (07/01/0121-Cr
Wortmann) ..................................................................................................................................................... 57
17.3 Murray Darling Association (07/01/001-Cr Wortmann) .............................................. 58
17.4 Tourism North East (05/02/0153-CEO) ............................................................................... 58
17.5 MAV Representatives, Mayors and CEO’s Forum (07/01/0006-Mayor) .................. 58
17.6 NevRwaste (07/01/0050-Cr Joyce) ........................................................................................ 59
17.7 Rural Councils Victoria (07/01/0137-CEO) ......................................................................... 59
18 Occupational health and safety ......................................................................................................... 60
18.1 OHS Committee (06/04/0212-DCCS) .................................................................................. 60
19 Council policies (10/01/0007-CEO) .................................................................................................. 61
20 Sealing of documents ........................................................................................................................... 61
21 Confidential ............................................................................................................................................... 62
21.1 Consideration of Tender – Replacement of 2001 Caterpillar 140H Grader Contract
No. 1407/0905 (10/02/0008-DTS) ......................................................................................................... 63
TOWONG SHIRE COUNCIL
ORDINARY MEETING 4 FEBRUARY 2014
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1 Opening Prayer
“Almighty God, we ask that you be present at this meeting to assist us in our service to the
Community through Local Government.
We pray that our decisions will be wise and taken with goodwill and clear conscience.
Amen.”
TOWONG SHIRE COUNCIL
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2 Councillor and Officer presence at the meeting
Present: Cr Fraser OAM, Crs Wortmann, Gadd, Joyce and Scales
In Attendance: Title:
J Phelps Chief Executive Officer
J Heritage Director Technical Services
D Snaith Executive Assistant
3 Apologies and granting of leave of absence
Nil.
4 Declaration of pecuniary interest and/or conflict
For the purpose of this section, Councillors must disclose the nature of the conflict of
interest in accordance with s79(2) of the Local Government Act.
Nil.
5 Confirmation of minutes
Ordinary meeting of 3 December 2013 and Special Meeting of 21 January 2014.
CR JOYCE
CR WORTMANN
THAT THE MINUTES OF THE ORDINARY MEETING OF 3 DECEMBER 2013 AND THE
SPECIAL MEETING OF 21 JANUARY 2014, AS CIRCULATED, BE CONFIRMED.
CARRIED
TOWONG SHIRE COUNCIL
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6 Petitions, joint letters and declarations
6.1 Walwa Odour Issue (01/04/0054-DTS)
Cr Wortmann presented a petition from Mr Ivan Baxter and the residents of Walwa
regarding an odour that has been noticed in Walwa.
CR SCALES
CR GADD
THAT THE PETITION BE RECEIVED AND LAY ON THE TABLE FOR ONE MONTH TO BE
DISCUSSED AT THE 4 MARCH 2014 COUNCIL MEETING.
CARRIED
6.2 Goats in Mitta Mitta (02/09/0003-Cr Scales)
Cr Scales tabled a petition from residents of the Mitta Valley in relation to the removal of
goats in the Mitta Valley.
CR GADD
CR JOYCE
THAT THE PETITION BE RECEIVED AND LAY ON THE TABLE FOR ONE MONTH TO BE
DISCUSSED AT THE 4 MARCH 2014 COUNCIL MEETING.
CARRIED
TOWONG SHIRE COUNCIL
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7 Assembly of Councillors
A written record of the Assemblies of Councillors from 3 December 2013 to 28
January 2014 is included at Appendix 1.
CR SCALES
CR JOYCE
THAT THE INFORMATION BE NOTED.
CARRIED
8 Open Forum
Nil.
TOWONG SHIRE COUNCIL
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9 Organisational improvement
9.1 Finance Report as at 31 December 2013 (CEO)
Disclosure of Interests (S.80C):
This report was prepared by Mr Peter Barber, Manager Corporate Services.
At the time of preparation of the report the officer did not have a direct or indirect
interest in any matter to which the report or advice relates.
OPERATING RESULT
Dec-13 Dec-13 YTD YTD YTD YTD
(Actual) (Budget) (Actual) (Budget) (Variance) (Variance)
$’000 $’000 $’000 $’000 $’000 %
Income 1 193 1,385 11,039 11,410 (371) -3%
Expenditure 2 1,138 1,146 5,202 5,986 (784) -13%
Surplus (945) 239 5,837 5,424 413 8%
Note
Income and expenditure are lower than budget. This is due to projects, where the
timing is unknown, being placed in the month of July.
Note 1: See “Grant Income” below
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Note 2:
Projects that were budgeted in ahead of actual expenditure:
$75,000 High Country Rail Trail
$79,000 Planning services
$33,000 Early Childhood review
$44,000 Community Health and Wellbeing
$50,000 Insight 360 Development
$68,000 Upper Murray 2030 Vision Plan
$60,000 Tourism Strategies and Master Plans
$90,000 Local Government Reform (Shared Services)
$146,000 Infrastructure maintenance
Projects that were budgeted but did not proceed:
$55,000 Flood Recovery Officer
$90,000 Development Services Director
Grant Income
Dec-13 YTD YTD YTD 12 Month
(Actual) (Actual) (Budget) (Variance) (Budget)
$’000 $’000 $’000 $’000 $’000
Recurring 30 1,049 1,108 (59) 2,184
Non-Competitive 1 9 1,884 1,585 299 2,783
Competitive 2 27 817 1,342 (525) 1,576
Total 66 3,750 4,035 (285) 6,543
Note
Note 1:
The following grant was budgeted for but not yet received:
$197,000 Roads to Recovery
The following grant was received but not yet budgeted:
$500,000 Local Government Infrastructure Program
Note 2:
The following grants were budgeted for but not yet received:
$68,000 Tallangatta Multi Sport Precinct
$235,000 Tallangatta Community Hub (Senior Citizens)-RDAF Round 5 grant
withdrawn
$354,000 Blackspot funding
The following grants were received but not yet budgeted:
$108,000 Colac Colac bike path
$45,000 L2P Program
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Grants received Year-to-Date (YTD) are shown in the following table:
YTD (Act)
$’000
Recurring
VGC General Purpose Funds 863
Library 93
Pre-School Cluster 65
Maternal and Child Health 51
Corryong Pre School 48
Tallangatta Pre School 29
Berringa Pre School 24
State Emergency Service Corryong 13
State Emergency Service Tallangatta 13
State Emergency Service Mitta 7
Health Administration 2
Competitive and Non-Competitive
Country Roads and Bridges 1,000
LG Infrastructure Projects 500
Tallangatta Multi-sport Precinct 339
R2R Supplementary 213
Scenic Wayside Stop Project 117
Colac Colac Bike Path 108
Municipal Emergency Response Program (P Leddy) 60
Tallangatta Community Hub 50
L2P Program 45
Weed Project 28
Mitta Valley Dairy Pathways 25
Community Access 18
Tallangatta Neighbourhood House 14
Walwa Community Recovery Centre 9
Freeza Funding 6
Comm Health & Wellbeing (VPR) 5
Towong Racecourse (DSE) 4
Seniors Week 2
Total 3,750
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Operating result
-
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
16,000,000
-
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14
$'0
00
Income
Income - Budget Income - Actual YTD Income - Budget YTD Income - Actual
-
3,000,000
6,000,000
9,000,000
12,000,000
15,000,000
-
1,000
2,000
3,000
4,000
5,000
Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14
$'0
00
Expenditure
Expenditure - Budget Expenditure - Actual YTD Expenditure - Budget YTD Expenditure - Actual
(4,000)
(2,000)
-
2,000
4,000
6,000
8,000
Jul-13 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Jun-14
$'0
00
Operating Surplus
Surplus - Budget Surplus - Actual YTD Surplus - Budget YTD Surplus - Actual
Notes to major income and expenditure:
Council rates were budgeted to be raised in August. This occurred in
September.
Depreciation is budgeted to be recorded in June.
TOWONG SHIRE COUNCIL
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CASH POSITION
Cash on Hand
The cash position moved during the month as detailed below:
Current Month Prior Month
Dec-13 Nov-13
$ $ $ %
Unexpended Grants 5,556,157 5,865,226 (309,069) -5.3%
Provisions and reserves 973,120 973,120 - 0.0%
Restricted Funds 6,529,277 6,838,346 (309,069) -4.5%
Unrestricted Funds 3,478,594 3,726,468 (247,874) -6.7%
Section 86 Committee Funds 115,468 115,468 - 0.0%
Total Investments 10,123,338 10,680,282 (556,943) -5.2%
Bank and Cash on Hand 87,967 560,242 (472,274) -84.3%
Total Cash 10,211,306 11,240,524 (1,029,218) -9.2%
Average Interest Rate 3.61% 3.43%
Variance
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
Restricted Funds Unrestricted Funds
Section 86 Committee Funds Bank and Cash on Hand
Prior Year - 2013 Cash Budget 2013/14
TOWONG SHIRE COUNCIL
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Investments
Investments were made up of the following at the month end:
Date Product Institution Principal Yield Term Rating Maturity
9/08/2013 Term Deposit ING Bank 1,055,293 3.90% 180 Days A1 5/02/2014
22/10/2013 Term Deposit NAB 2,000,000 3.75% 183 Days A1+ 23/04/2014
16/12/2013 Term Deposit AMP 1,000,000 3.90% 182 Days A1 16/06/2014
10/10/2013 Term Deposit Bank of Queensland 1,055,304 3.70% 152 days A2 11/03/2014
22/10/2013 Term Deposit Rural Bank Ltd 1,010,552 3.72% 125 days A2 24/02/2014
13/11/2013 Term Deposit Wide Bay Australia Ltd 1,000,000 3.70% 120 Days A2 13/03/2014
10/10/2013 Term Deposit ME Bank 1,033,419 3.70% 123 Days A2 10/02/2014
26/12/2013 Term Deposit WAW 786,197 3.70% 90 Days 26/03/2014
N/A Online Saver ANZ 1,067,107 2.25% On Call AA- N/A
N/A S86 Committees Various 135,588 4.68% N/A N/A
10,143,459Total Investments
Restricted Funds
Unexpended Grants and Provisions and Reserves at the end of the month are
detailed on the next page.
TOWONG SHIRE COUNCIL
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$
Unexpended Grants
Country Roads and Bridges 1,690,000
Tallangatta Community Hub 1,219,417
LG Infrastructure Projects 1,178,712
R2R Supplementary 400,000
Local Government Reform 130,977
Colac Colac Bike Path 108,000
Walwa Community Recovery Centre 85,979
Flood Recovery Officer (T Hall) 75,264
High Country Rail Trail Upgrade (DSE) 75,000
Municipal Emergency Response Program (P Leddy) 73,799
Mitta Valley Dairy Pathways 60,673
Magorra Park (DSE) 53,559
Flood Recovery (Community projects) 50,634
Improving Liveability of Older People 47,329
Cudgewa Multi Purpose Facility (DSE) 45,650
Staceys Bridge Reserve (DSE) 44,000
Tallangatta Neighbourhood House 37,634
Community Access 33,150
Towong Racecourse (DSE) 33,028
Weed Project 32,457
L2P Program 22,500
NE Dairy Regional Growth Plan 20,088
Tallangatta Swimming Pool Upgrade 14,003
Bushfire Management Overlay 13,090
SP Ausnet Community Development 4,203
Freeza Funding 4,203
Fire Access Track Maintenance 1,764
Biggara Recreation Reserve (DSE) 1,045
Provisions and Reserves
Long Service Leave 773,120
Landfill Rehabilitation 200,000
Total 6,529,277
TOWONG SHIRE COUNCIL
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RECEIVABLES
Rates, Municipal Charge, Waste Management Charge and Waste Collection Charge
The outstanding amount of rates, municipal charge, waste management charge and
waste collection charge at month end were $3,949,880.
The breakdown of rates received for the current month and year to date is shown in
the following table and graph:
Rates, charges and FSPL Debtors Amount Received % Collected Received Collected Balance
Dec-13 Dec-13 YTD YTD Outstanding
$ $ % $ $ $
Levied 2012/13 7,303,608 686,318 9.4% 3,500,333 47.9% 3,803,275
Arrears prior to 2012/13 339,358 11,745 3.5% 192,753 56.8% 146,605
Total Charges 698,063 3,693,085 3,949,880
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
Debtor Balance (Current) Debtor Balance (Arrears)
TOWONG SHIRE COUNCIL
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Sundry Debtors
The Sundry Debtors outstanding at month end total $247,935.
The variance in Sundry Debtors from the current month to prior months is shown
below:
Sundry Debtors Current 30 Days 60 Days 90+ Days Total
$ $ $ $ $
December 2013 19,353 158,485 30,540 39,557 247,935
November 2013 75,435 6,759 - 35,148 117,343
Variance (56,082) 151,726 30,540 4,409 130,592
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Current 30+ Days 60+ Days 90+ Days
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
Current 30+ Days 60+ Days 90+ Days
Note: Debtors in the 30 days column are greater than the November current due to
timing of completing the report caused by office closure.
TOWONG SHIRE COUNCIL
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Significant debtors (>$1,000) with ageing of greater than 90 days are as follows:
Debtor Amount Description RO Notes
DSE (19583) $8,051.00 NE Bushfire
Camera
Network
JS Final payment on acquittal.
Cudgewa
Football/Netball
Club
$5,000.00 Community
Contribution
JH An additional funding
contribution has been raised
by the community – still to
be paid.
VicRoads (10266) $4,807.00 School
Supervisor
JH For December 2013, invoiced
entered ahead of schedule.
Regional
Development
Victoria (17261)
$4,070.00
Towong
Racecourse
PS
10% balance due when
acquittal report lodged. The
project is not complete and
acquittal will be prepared
once the project is finalised.
Debtor 18925 $4,000.00 Community
Group Loan
JS The long term binding
payment agreement has not
yet been signed. Paying $500
per annum. $500 received
May 2013.
Debtor 17007 $2,950.00 Infringement
Notice
PL Unable to place in debt
collection process as not
allowed as part of
infringement notifications.
Debtor 18781
$1,337.00 Equipment
Loan
JS Agreed (annual) payment
plan. Within payment plan
terms.
Tallangatta Health
Service
$1,010.00 Tip tokens JP Following up on outstanding
statements.
TOWONG SHIRE COUNCIL
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LOCAL ROADS
Local Roads Capital Works
YTD Actual YTD Budget Annual Budget
$ $ $
402 Survey and Design 39,285 85,000 (45,715) 105,000
410 Road Construction 1 220,176 395,000 (174,824) 570,000
413 Storm Damage 2 39,902 380,000 (340,098) 418,951
416 Sealing 3 8,982 171,000 (162,018) 188,500
417 Resealing - - - 750,000
420 Drainage Construction - 51,500 (51,500) 91,500
421 Digouts 369,893 312,000 57,893 1,075,972
422 Resheeting 33,431 90,000 (56,569) 230,000
432 Footpaths 13,941 - 13,941 30,000
433 Kerb and Channel 23,136 30,000 (6,864) 100,000
450 Bridge Construction 4 919,990 741,077 178,913 2,239,077
Total 1,668,736 2,255,577 (586,841) 5,799,000
Note Variance
Note 1: Timing of budget does not align with works, Georges Creek Road due for
completion in February, remainder of works programmed in March – April.
Note 2: Works relating to the March 2012 event. Expenditure has not been incurred
in line with budget predictions and will occur later in the year.
Note 3: Georges Creek Road commenced in November, these works were budgeted
to be completed earlier in the financial year. Invoice not yet received.
Note 4: Construction began ahead of budget timing.
TOWONG SHIRE COUNCIL
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Local Roads Maintenance
YTD Actual YTD Budget Annual Budget
$ $ $
301 Inspections 766 - 766 -
302 Survey and Design 14,252 2,502 11,750 5,000
304 Pavement Maintenance 5 41,305 90,000 (48,695) 180,000
306 Grading 6 167,116 240,000 (72,884) 480,000
308 Shoulder Maintenance 31,233 49,998 (18,765) 100,000
310 Drainage Maintenance 75,488 97,500 (22,012) 195,000
312 Call Outs 8,378 6,000 2,378 12,000
313 Storm Damage 12,441 - 12,441 -
324 General Roadside Maintenance 38,798 32,502 6,296 65,000
326 Mowing 663 - 663 -
328 Tree Maintenance 35,635 44,874 (9,239) 89,749
330 F/Path Maintenance 638 4,002 (3,364) 8,000
331 K and C Maintenance 1,560 2,502 (942) 5,000
334 Roadside Treatments - 7,500 (7,500) 15,000
336 Signs Maintenance 5,529 6,000 (471) 12,000
338 Linemarking 256 4,998 (4,742) 10,000
340 Guideposts 3,603 3,498 105 7,000
342 Guardrail - 2,502 (2,502) 5,000
346 Bridge Maintenance 10,688 - 10,688 -
Total 448,349 594,378 (146,029) 1,188,749
Note Variance
Note 5: The Budget is spread evenly throughout the year. The Works Schedule will
increase in the summer months.
Note 6: The timing of works does not align with budget distribution. Increased
works will occur over the summer months.
CR WORTMANN
CR JOYCE
THAT THE FINANCE REPORT BE NOTED.
CARRIED
TOWONG SHIRE COUNCIL
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9.2 Action Sheet Reports (06/05/0010-EA)
Items requiring action from the 3 December 2013 Council Meeting are attached at
Appendix 2.
CR GADD
CR JOYCE
THAT THE REPORT BE NOTED.
CARRIED
9.3 Council Plan Priorities (07/05/0022-DCCS)
The monthly updates on the 2013-2017 Council Plan priorities are attached at
Appendix 3 for information.
CR SCALES
CR JOYCE
THAT THE REPORT BE NOTED.
CARRIED
9.4 Performance Reporting Graphs (DCCS)
The Performance Reporting Graphs are attached at Appendix 4 for information.
CR SCALES
CR WORTMANN
THAT THE REPORT BE NOTED.
CARRIED
TOWONG SHIRE COUNCIL
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10 Community wellbeing
10.1 Neighbourhood Safer Places (07/01/0123-DTS)
Disclosure of Interests (S.80C):
This report was prepared by Mr Paul Leddy, Emergency Management Co-ordinator.
At the time of preparation of the report the officer did not have a direct or indirect
interest in any matter to which the report or advice relates.
Background:
Council is responsible for identifying potential places as Neighbourhood Safer Places
(NSP’s) within its municipal district. Section 50 G of the CFA Act requires Council to
identify potential NSP locations. The process of NSP identification is ongoing.
The Mitta Valley Sports Complex 3645 Omeo Highway Eskdale 3701 is submitted for
endorsement as a designated NSP. The location has been assessed by the CFA and
has been deemed fully compliant and meets the CFA Fire Rating Criteria (CFA
Assessment No: 1000009595).
The attachment for the proposed NSP is enclosed for the information of Council.
Attached at Appendix 5 is the CFA Assessment together with the supporting
documents in relation to the proposed NSP.
A number of factors are considered when identifying potential NSP locations
(a) The environment surrounding the potential NSP;
(b) What other uses are made of the potential NSP and whether or not those uses
could be inconsistent with its designation as an NSP;
(c) The land ownership and whether there is a clear means for access and egress
to and from the potential NSP;
(d) That the NSP is in close proximity to the population’s centre;
(e) The risks involved in people staying in the area being considered versus
leaving the area and travelling to a nearby urban area; and
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(f) The adequacy of egress routes out of the NSP, including proximity to major
roads and minimal vegetation surrounding the site. Having the capacity of
egress routes to accommodate large numbers of vehicles is a positive factor.
As part of the process Council should assess the site against its Neighbourhood Safer
Places Plan.
The key criteria described in this plan relate to:
1. Consent and right of access – Can Council enter into an arrangement with the
land owner to access the site for use as an NSP?
Completed. Signed letter of consent from the Committee of Management
to Council as non tenant for designation of NSP and public notification in
Victoria Government Gazette has been received.
2. Access and Egress – Do access routes to the proposed NSP allow for the
anticipated potential number of people to move to and from the site and for
CFA and other emergency services to attend?
Consideration has been given to the criteria for Access and Egress and
the site is deemed compliant with the following points:
Maintenance of roads and surrounding areas
Proximity of major road networks
Pedestrian access
Buffer zone
Council’s Road Management Plan.
3. Maintenance of NSP in accordance with CFA assessment – Can Council
maintain the proposed NSP in accordance with the criteria taken into account
by CFA in arriving at its fire rating assessment?
Council will need to monitor vegetation levels around the site and place
any required works within its works program to ensure limits remain
within the assessment criteria.
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4. Opening of the NSP – Will it be possible and practicable to make the
proposed NSP available for use on a 24 hour basis during the declared fire
danger period.
Access to the site will be available on a 24 hour basis. As the premises
are secured, the Committee of Management will allow access to the
premises as a Neighbourhood Safer Place by providing keys to all locks
to a representative of Council.
5. Defendable space and fire suppression activities – Is the proposed NSP
surrounded by sufficient open space to enable the CFA to conduct asset
protection and fire suppression operations?
The site is well cleared and accessible for this purpose.
6. Defendability of buildings – Are there any building on the site that may be
subject to ember attack and if so can that risk be satisfactorily managed?
Assessed by the CFA to be compliant with the setback distance and
radiant heat measures.
7. Signage – Can appropriate signage be erected at the entry to the proposed
NSP and in the general vicinity?
Yes (appropriate location to be determined on site).
8. Maintenance and maintainability – Is the proposed NSP capable of being
maintained to ensure continuing compliance with the CFA Fire Rating Criteria
and Council’s Neighbourhood Safer Places Plan Criteria?
Yes – refer to comments at criteria 3.
9. Disabled access – Are there means of access for disabled and mobility
impaired persons to the proposed NSP?
Access is available at the site for persons with mobility impairments.
10. Alternative uses of proposed NSP – Can Council manage alternative uses
which may be made of the proposed NSP so as to ensure that those uses will
not compromise its use as an NSP?
Yes as agreed to in a letter of consent and NSP Criteria assessment tool,
as site is not locked and always open.
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11. Community Communication - Will it be possible to ensure that there will be
good community awareness of the location of the proposed NSP and the risks
associated with its use.
The site is located in a small community where communication about the
proposed NSP can be readily achieved.
A copy of the CFA Assessment Criteria Report includes the CFA radiant heat
guidelines (Appendix 5).
This site has been deemed compliant. Attached at Appendix 5 are the documents
received for perusal by Council.
1 Cover Sheet
2 CFA Neighbourhood Safer Places Assessment Summary Report
3 CFA Assessment Criteria Report
4 Site Map
5 Council NSP Criteria Assessment Tool
6 Inspection Pro Forma
7 Department of Environment and Primary Industries Letter
8 Letter from Committee of Management to Council – Consent to Designation
of premises as NSP – No tenant.
9 Copy of Public Notification in Victoria Government Gazette
10 Liability relating to designated NSP- Extract from CFA Act (Section 50N)
Impact on Council Policy:
The process being undertaken is consistent with Council’s adopted Neighbourhood
Safer Places Plan.
State Government Policy Impacts:
The process is consistent with the intent of
Emergency Services Legislation Amendment Act 2009.
Recommendation 4 from the 2009 Victorian Bushfires Royal Commission.
Budget Impact:
Maintenance requirements are included in Council’s current works program.
Signage at the NSP will be in accordance with Council’s assessment criteria.
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Risk Assessment:
Advice from the MAV suggest that provided Council follows recommended
procedures developed in response to the outcomes of the Bushfires Royal
Commission and amendments to the CFA Act 1958 that Council would not be liable
for any incident arising out of a person relying on a NSP in the event of a bushfire.
Division 4 of the amended CFA Act 1958 deals with Liability in relation to designated
neighbourhood safer places.
Community Consultation/Responses:
Consultation has taken place with CFA Community Safety Manager Darren Viney and
assessor Mark Williams, Janelle Hunt Coordinator – Bushfire Shelter Options. The
proposal was discussed and supported at the Municipal Fire Prevention Planning
Committee meeting conducted on 13 August 2013.
Discussion/Officers View:
The Mitta Valley Sports Complex 3645 Omeo Highway Eskdale 3701 is submitted to
Council for the purpose of being approved as a designated neighbourhood safer
place.
The site is proposed with protocols of information supplied to Council by the
Department of Environment and Primary Industries.
CR WORTMANN
CR SCALES
THAT THE MITTA VALLEY SPORTS COMPLEX AT 3645 OMEO HIGHWAY,
ESKDALE, BE APPROVED FOR DESIGNATION AS A NEIGHBOURHOOD SAFER
PLACE.
CARRIED
TOWONG SHIRE COUNCIL
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11 Asset management
11.1 Works Schedule (DTS)
The works scheduled for the period 9 November 2013 to 3 January 2014 is attached
at Appendix 6 for information.
CR JOYCE
CR GADD
THAT THE REPORT BE NOTED.
CARRIED
TOWONG SHIRE COUNCIL
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12 Land-use planning
12.1 Towong Planning Scheme Amendment C30 – Environmental
Significance Overlay (ESO) (03/02/0038–CEO)
Disclosure of Interests (S.80C):
This report was prepared by Mr Simon Hollis, Manager Planning.
At the time of preparation of the report the officer did not have a direct or indirect
interest in any matter to which the report or advice relates.
Background:
The matter of introducing an expanded Environmental Significance Overlay (ESO)
into the Towong Planning Scheme was initially reported to Council on 2 July 2012. At
that time Council resolved to seek Ministerial authorisation to prepare and exhibit
Amendment C30 to the Towong Planning Scheme.
Amendment C30 proposes to replace the existing ESO with an overlay based on the
Rural Land Mapping Project (RLMP) agricultural quality mapping (Figure 1) and to
revise the schedule to the ESO to update the Environmental Objectives, Statement of
Environmental Significance and Decision Guidelines.
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Figure 1: Proposed Environmental Significance Overlay
The purpose of the expanded Environmental Significance Overlay (ESO) is to protect
high quality agricultural land within Towong Shire. The intention of Amendment C30
is to ensure that the Towong Planning Scheme can better achieve the objective of
State Planning Policy to protect productive farmland which is of strategic significance
in the local or regional context.
The introduction of an expanded ESO was recommended by the Council adopted
Towong Shire Rural Land Use Study which identified significant shortcomings with the
existing ESO.
Notification and Exhibition
Amendment C30 was formally placed on public exhibition pursuant to Sections 17,
18 and 19 of the Planning and Environment Act 1987 with the notice in the
Government Gazette on 7 March 2013. Direct notification was given to affected
property owners and occupiers. Notice was provided to the prescribed Ministers,
agencies and authorities. Notices also appeared in the following:
Tallangatta Herald – 28 February 2013
Border Mail – 2 March 2013
Government Gazette – 26 July 2013
Corryong Courier – 28 February and 7 March 2013
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A media release was further issued in the middle of March 2013 and subsequent
public consultation meetings were held at:
Eskdale: 2 April 2013
Bethanga: 3 April 2013
Corryong: 4 and 9 April 2013
Walwa: 4 April 2013
Submissions
Council received fifteen submissions during the exhibition period with one
submission being withdrawn. Responses were received from Goulburn Murray
Water, North East Catchment Management Authority, Environment Protection
Authority, Department of Environment and Primary Industries, VicRoads and North
East Water.
Council considered the submissions to Amendment C30 pursuant to Sections 22 and
23 of the Planning and Environment Act at the 2 July 2013 meeting of Council. At this
meeting it resolved to request the Minister for Planning appoint a Planning Panel
pursuant to Section 153 of the Planning and Environment Act 1987 to provide a
recommendation to Council about Towong Planning Scheme Amendment C30.
In response to the submissions received during the exhibition of the Amendment,
Council also decided at the 2 July 2013 meeting to remove from the exhibited
Schedule to the ESO the requirement for a permit for buildings and works associated
with agriculture.
Panel Hearing and Findings
At the request of Council, the Minister for Planning appointed a single member Panel
to provide a recommendation about Towong Planning Scheme Amendment C30. The
Panel hearing was held on the 16 October 2013. Due to the late withdrawal of a
submission, Council was the only party to formally present to the Hearing, although
one submitter did attend and participate in discussions facilitated by the Panel. The
Panel findings and recommendations have now been presented to Council (Appendix
7).
All written submissions were considered and assessed by the Panel and the Panel is
satisfied that Amendment C30:
Is supported by Council’s adopted ‘Rural Land Use Strategy’ and the preceding
‘Rural Land Mapping Project’;
Will not unreasonably prejudice the plantation forestry industry;
Is supported by, and implements, the relevant sections of the State and Local
Planning Policy Framework;
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Does not conflict with or duplicate another existing provision in the Towong
Planning Scheme that deals with the same land, use or development.
The Panel also accepted Council’s submission that the use of the Environmental
Significance Overlay in conjunction with the application of the Farming Zone is an
appropriate planning framework to protect high quality agricultural land from
fragmentation and encroachment by inappropriate development. The Panel
supported Council’s desire to apply the Overlay to all of its identified high quality
agricultural land and in doing so achieve consistency with the application of the
Farming Zone throughout the Shire.
In addition, the Panel also supported Council’s proposed post‐exhibition
modification to Schedule 1 of the Environmental Significance Overlay to include a
permit requirement exemption for buildings and works associated with agriculture.
The Panel was satisfied that the inclusion of the exemption will not compromise the
intent and objectives of the Overlay and will negate an unnecessary administrative
burden for both landowners and Council officers. Further, the Panel does not
consider the proposed modification substantially transforms the Amendment to such
a degree that warrants re‐exhibition.
The Panel has recommended that Amendment C30 to the Towong Planning Scheme
be adopted subject to the following Council suggested modifications (Appendix 7)
1. Amend the exhibited Environmental Significance Overlay maps to exclude the
following facilities and or sites:
North East Water’s water and wastewater facilities;
Corryong Airport;
Land recently rezoned from the Farming Zone to the Mixed Use Zone,
north of Corryong including:
o 979 Murray Valley Highway, Corryong (Lot 1 and Lot 2 PS
329795);
o 989 Murray Valley Highway, Corryong (Lot 1 T245326 and
CP174178);
o 1011 Murray Valley Highway, Corryong (Lot 1 TP377632).
2. Amend the exhibited Schedule 1 to the Environmental Significance Overlay
to include a permit requirement exemption for “buildings and works
associated with agriculture”.
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Impact on Council Policy:
The proposed change to the Towong Planning Scheme implements the
recommendations of the Council adopted Towong Shire Rural Land Use Study and
the current Council Plan.
State Government Policy Impacts:
The Amendment seeks to ensure the Towong Planning Scheme can better achieve
the objective of State Planning Policy at Clause 14.0 to protect productive farmland
which is of strategic significance in the local or regional context.
In accordance with State Planning Policy at Clause 14.01-1, the amendment seeks to
utilise available information to identify areas of productive agricultural land and take
into consideration local issues and characteristics in the assessment of agricultural
quality and productivity.
The amendment was prepared in accordance with Minister’s Direction No 11
‘Strategic Assessment of Amendments’, the Practice Note ‘Strategic Assessment
Guidelines for Planning Scheme Amendments’ (revised August 2004).
Budget Impact:
The cost associated with the Amendment has been budgeted for.
Community Consultation/Responses:
Extensive community consultation was undertaken as part of the Rural Land Use
Study process and protection of high quality agricultural land to support continued
agricultural investment and the productive resource base for future generations was
a consistent theme in the community feedback through this process.
The community has had the opportunity to formally comment as part of the
amendment process pursuant to Sections 17, 18 and 19 of the Planning and
Environment Act 1987 and via the formal Planning Panel process. Community
responses were considered by Council at the 2 July 2013 meeting of Council and by
the Planning Panel.
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Discussion/Officers View:
It is the officer’s view that the use of the Rural Land Mapping Project (RLMP)
agricultural quality mapping presents a cost effective opportunity for Council to
achieve a more complete and accurate ESO across Towong Shire. The ESO is
intended to recognise the finite nature of high quality agricultural land within the
municipality and protect such land because of its versatility, productivity and ability
to sustain a wide range of agricultural uses. The deployment of the ESO using RLMP
mapping is a key recommendation of the Towong Shire Rural Land Use Study and
implements the 2009-2013 Council Plan and Municipal Strategic Statement.
Amendment C30 also seeks to ensure that the Towong Planning Scheme can better
achieve the objective of State Planning Policy which is to protect productive farmland
which is of strategic significance in the local or regional context.
In line with the advice from the Planning Panel, Amendment C30 should be adopted
by Council and Ministerial approval for the Amendment sought with the following
minor modifications (Appendix 8):
1. The exhibited Environmental Significance Overlay maps be changed to
exclude the
ESO from the following sites:
North East Water’s water and waste water facilities;
Corryong Airport;
Land recently rezoned from the Farming Zone to the Mixed Use Zone,
north of Corryong including:
o 979 Murray Valley Highway, Corryong (Lot 1 and Lot 2 PS
329795);
o 989 Murray Valley Highway, Corryong (Lot 1 T245326 and
CP174178);
o 1011 Murray Valley Highway, Corryong (Lot 1 TP377632)
2. Amend the exhibited Schedule 1 to the Environmental Significance Overlay
to include a permit requirement exemption for “buildings and works
associated with agriculture” as reflected in the Panel Recommended version
of the Overlay.
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CR WORTMANN
CR JOYCE
THAT COUNCIL RESOLVE TO:
1. ADOPT AMENDMENT C30 TO THE TOWONG PLANNING SCHEME
PURSUANT TO SECTION 29 OF THE PLANNING AND ENVIRONMENT ACT
AS EXHIBITED AND INCLUDING THE FOLLOWING MODIFICATIONS
ENDORSED BY THE PLANNING PANEL (APPENDIX 8):
a) THE EXHIBITED ENVIRONMENTAL SIGNIFICANCE OVERLAY MAPS BE
CHANGED TO EXCLUDE THE ESO FROM THE FOLLOWING SITES:
NORTH EAST WATER’S WATER AND WASTE WATER FACILITIES;
CORRYONG AIRPORT;
LAND RECENTLY REZONED FROM THE FARMING ZONE TO THE
MIXED USE ZONE, NORTH OF CORRYONG INCLUDING:
o 979 MURRAY VALLEY HIGHWAY, CORRYONG (LOT 1 AND
LOT 2 PS 329795);
o 989 MURRAY VALLEY HIGHWAY, CORRYONG (LOT 1
T245326 AND CP174178);
o 1011 MURRAY VALLEY HIGHWAY, CORRYONG (LOT 1
TP377632)
b) AMEND THE EXHIBITED SCHEDULE 1 TO THE ENVIRONMENTAL
SIGNIFICANCE OVERLAY TO INCLUDE A PERMIT REQUIREMENT
EXEMPTION FOR BUILDINGS AND WORKS ASSOCIATED WITH
AGRICULTURE.
2. REQUEST MINISTERIAL APPROVAL OF AMENDMENT C30 PURSUANT TO
SECTION 31 OF THE PLANNING AND ENVIRONMENT ACT 1987.
CARRIED
13 Environmental sustainability
No report.
14 Economic and tourism development
No report.
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15 Councillor reports
15.1 Bellbridge Australia Day Community Breakfast Awards (Cr
Joyce)
Verbal report
15.2 Walwa Australia Day Community Breakfast Awards (Cr Gadd)
Verbal report
15.3 Corryong Australia Day Community Breakfast Awards (Cr
Fraser)
Verbal report
15.4 Mitta Valley Australia Day Community Breakfast Awards (Cr
Scales)
Verbal report
15.5 Alleged Planning Scheme Breach - Corryong (Cr Fraser)
Verbal report
15.6 Dart Mining Community Meeting (Cr Wortmann)
Verbal report
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16 Urgent business
CR JOYCE
CR SCALES
THAT TWO ITEMS OF URGENT BUSINESS BE ADMITTED IN RELATION TO:
PROCUREMENT OF FUEL PRODUCTS; AND
BANKING SERVICES REVIEW.
CARRIED
16.1 Procurement of Fuel Products (07/05/0007-CEO)
Disclosure of Interests (S.80C):
This report was prepared by Mr Christopher Nuck, Business Improvement Manager.
At the time of preparation of the report the officer did not have a direct or indirect
interest in any matter to which the report or advice relates.
Background/History:
Each year Towong Shire Council uses a significant volume of both diesel and
unleaded fuel for the operation of Council’s light fleet and plant.
The purpose of this report is to highlight potential savings in the procurement of
fuel. The report has been prepared following an analysis of:
Market rates (and identifying the best contract and fuel card makeup possible)
Fuel tax credits
Council has the following volumes of active cards in the fleet with most of the fleet
having a card for each provider;
Caltex: 54 fuel cards
BP: 44 fuel cards
Table 1 shows the volume of diesel and unleaded petroleum purchased through fuel
cards in financial year 2012-13 along with the level of spend.
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Table 1: Fuel Card Expenditure 2012-13
In addition Council
also purchased
60,000 litres of bulk
diesel from Caltex.
The existing fuel card supply is sourced predominantly from service stations within
the Shire boundaries with 88.6% of total fuel spend being with Caltex and BP service
stations in Corryong and Tallangatta. Table 2 shows the distribution of fuel
expenditure with service stations located within the Shire.
Table 2: Local Fuel Expenditure 2012-13
Station + Product
Quantity
(ltrs)
Spend
($)
Average Unit
Price % of Total Spend
Diesel
Caltex Tallangatta
Diesel 64,430 $98,359 $1.5266 31.4%
Caltex Corryong Diesel 65,589 $100,583 $1.5335 32.1%
BP Tallangatta Diesel 17,523 $26,612 $1.5187 8.5%
BP Corryong Diesel 106 $160 $1.5049 0.1%
Total Diesel 147,648 $225,714 $1.5287 72%
ULP
Caltex Tallangatta ULP 10,715 $15,885 $1.4825 5.1%
Caltex Corryong ULP 13,661 $20,385 $1.4922 6.5%
BP Tallangatta ULP 9,550 $13,982 $1.4641 4.5%
BP Corryong ULP 921 $1,366 $1.4827 0.4%
Product 2012-13
Quantity
2012-13 Spend
Gas (ltrs) 2,815 ltrs $2,595
Diesel (ltrs) 150,084 ltrs $229,299
ULP (ltrs) 53,309 ltrs $72,575
Total 206,208 ltrs $304,469
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Total ULP 34,847 $51,618 $1.4813 16.5%
Total Diesel + ULP 182,496 $277,332 $1.5197 88.6%
Table 2 shows that currently 75.2% of fuel card spend is with Caltex compared to BP
with 13.5%.
The arrangement for these fuel cards is currently through a Procurement Australia
Contract with the following applicable rates.
Table 3: Current Pump Discount an Rates
Product BP Rate Caltex Rate
Discount
on
pump
Gas (ltrs) $0.00 $0.00
Diesel (ltrs) $0.02 $0.02
Premium ULP (ltrs) $0.02 $0.02
ULP (ltrs) $0.02 $0.02
Fuel Card (Card / Month) $2.20 $0.00
Fuel Card (Card/Month) *Diesel
Rebate $0.00 $7.70
Transactions $0.00 $0.00
Comparison of potential contracts
There are a number of options available and these are summarised in table 4. The
summary of the various options is obtained by taking the average price paid for each
product per litre then applying the discount to obtain a pump price from which all
other prices were calculated from. It should be noted that given the discount
method the pump price has no bearing on the level of savings whatsoever, only on
the total cost.
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There is also an assumption within that the pump prices between the two suppliers
are equal across the year. That is, we have assumed an open market where suppliers
are well informed of the local market prices.
Option 1. MAV Fuel Tender maintaining the current mixed supply from BP and
Caltex.
Option 2. MAV Fuel Tender through Caltex only – means decommissioning the
existing
BP Cards.
Option 3. Vic State Contract maintaining the current mixed supply.
Option 4. Vic State Contract through Caltex only – means decommissioning the
existing BP cards. Represents a saving of $8,701.
Table 4 – Supplier Comparisons
Product
Total Cost
- Current
State
Total -
Option 1 -
MAV +
Current
Suppliers
Total -
Option 2 -
MAV +
Caltex
Only
Total -
Option 3 -
Vic State +
Current
Suppliers
Total -
Option 4
- Vic
State +
Caltex
Only
Gas (ltrs) $2,595 $2,298 $2,544 $2,572 $2,615
Diesel (ltrs) $229,299 $223,525 $223,525 $223,851 $223,615
Premium ULP
(ltrs) $6,241 $6,088 $6,212 $6,164 $6,173
ULP (ltrs) $72,575 $71,279 $72,373 $71,664 $71,877
Fuel Card $2,270 $2,323 $0 $1,162 $0
Transactions $0 $942 $1,197 $157 $0
Total $312,980 $306,454 $305,851 $305,570 $304,279
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Bulk Fuel
Due to issues with ground water intrusion into the underground tanks the bulk fuel
tanks at both the Corryong and Tallangatta Depots have been decommissioned. The
only operational bulk fuel tank currently is the diesel storage at the Corryong Depot.
Table 5 – Council own the following bulk storage tanks;
Fuel Location Capacity Annual Use
(est)
DSL* Tallangatta Depot, Wagara St,
Tallangatta
4,500
litres
30,000 litres
DSL Corryong Depot, Sugarloaf Rd,
Corryong
11,500
litres
30,000 litres
UPL* Corryong Depot, Sugarloaf Rd,
Corryong
4,200
litres
200 litres
* Decommissioned
As bulk fuel supplies are being phased out no work has been done to provide a
detailed analysis or comparison of the options. We do have access to various bulk
fuel discounts via both the MAV and State Government Contract options however
due to the differing pricing mechanisms, fluctuating prices, tight margins and the
absence of delivery costs included in the available contract details, it is difficult to
compare the various bulk fuel options with confidence.
Fuel Tax Credits
The ATO offer tax credits in cents per litre for particular fuel uses. In particular
relevance to Council are credits for diesel consumption used off road in construction,
earth moving, road maintenance, operation of plant including bulldozers, graders,
scrapers, backhoes as well as chainsaws, lawnmowers, trimmers and edger’s.
Through our analysis we were able to identify an area where the correct tax rebate
was not being claimed from the ATO. Table 6 below shows the additional amount
claimed back.
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Table 6 – Fuel Tax Credits Claimed
Adjustment Litres Eligible
(90%)
Rate
Used
Rate
Applicable
Rate
Variance
Claim Adj
Sep-11 20205 18184.5 0.190715 0.31933 0.128615 $2,338.80
Dec-11 20205 18184.5 0.190715 0.31933 0.128615 $2,338.80
Mar-12 10100 9090 0.1504 0.31933 0.16893 $1,535.57
Jun-12 20500 18450 0.1504 0.31933 0.16893 $3,116.76
Sep-12 9900 8910 0.1264 0.31933 0.19293 $1,719.01
Dec-12 11499 10349.1 0.1264 0.31933 0.19293 $1,996.65
Mar-13 0 0 0.1264 0.31933 0.19293 $0.00
Jun-13 7900 7110 0 0.31933 0.31933 $2,270.44
100309 $15,316.03
Impact on Council Policy:
The procurement process is compliant with the Towong Shire Council Procurement
policy requirements.
State Government Policy Impacts:
The procurement of fuels is above the Local Government Act 1989 threshold
requiring Council to publicly tender for the supply. Procuring through the State
Government Purchase Contract negates this requirement.
The procurement process is compliant with the Local Government Act 1989 as the
overall spend is within the limits requiring public tender. Despite this the final
recommendation to move to a State Government Purchase Contract is consistent
with State Department internal policies to utilise these contracts.
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Budget Impact:
Savings directly from change of supplier and consolidation of accounts to Caltex are
$8,701 per annum based on historical fuel usage.
Savings directly from additional fuel tax rebate $15,316 as a one off and
approximately half of this figure annually dependent on the final level of use.
Risk Assessment:
Risk Type The risk (what can happen and
how) Risk Mitigation
Financial
Not moving to a single supplier
perpetuates the current complexity
experiences when dealing with
multiple suppliers.
Reputation Moving the majority of fuel
purchases to a single supplier in
small country towns may have the
appearance of Council preferring
one supplier over another.
The procurement process is
robust, compliant with the
applicable policy and
represents best value to the
rate payer.
People Where a Caltex service station is
not available there could be issues
with officers and
Councillors having access to fuel
supplies.
The State Contract is a panel
arrangement that does not
preclude the Council from
using a BP or even a Shell fuel
card where the need can be
reasonably justified.
See below on Caltex Opening
Hours.
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Caltex Opening Hours
Given the opening hours (shown below) for the local Caltex service stations cover the
normal operating hours of Council the risk to fuel supply generally is considered
minimal.
Caltex Tallangatta: 7am to 6pm Mon-Fri; 8am to 3pm Sat-Sun
Caltex Corryong: 7am to 7:30pm Mon-Fri; 7:30am to 7pm Sat-Sun
It should also be noted that in an emergency situation where the local Caltex Service
station is not available and the BP is there is nothing precluding Council from
procuring fuels from BP at the standard pump rates in an extraordinary situation.
Community Consultation/Responses:
No Community consultation has been undertaken.
Discussion/Officers View:
It is the officer’s recommendation that Council move to the Victorian State
Government Contract with Caltex.
Benefits include;
Best pricing
No card or transaction fees
Moving to one supplier has administrative benefits – fewer invoices, easier to
manage and monitor fuel use, one set of data
Fuel used to run Council vehicles and plant is one of the most significant expenses
within the annual budget. Given the competitiveness of pricing in this marketplace
achieving a saving of over 3% on the price side is significant.
There are also administration and reporting benefits from moving to a single supplier
in addition to selecting the supplier offering the best value in cost terms to Council.
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CR GADD
CR JOYCE
THAT:
1. COUNCIL MOVE TO THE VICTORIAN STATE GOVERNMENT CONTRACT
WITH CALTEX; AND
2. WHERE DEEMED APPROPRIATE BY THE CHIEF EXECUTIVE OFFICER BP
FUEL CARDS BE RETAINED FOR CERTAIN VEHICLES FOR OPERATIONAL
PURPOSES.
CARRIED
16.2 Banking Services Review (06/02/0021-CEO)
Disclosure of Interests (S.80C):
This report was prepared by Mr Christopher Nuck, Business Improvement Manager.
At the time of preparation of the report the officer did not have a direct or indirect
interest in any matter to which the report or advice relates.
Background/History:
Banking services for Council are currently provided by the ANZ Bank. This
relationship has been in place for a number of years and a summary of some of the
services provided is provided below:
Merchant Banking
BPAY
PostBillPay (provided through Australia Post)
Transaction Banking (ANZ Transactive)
Bank Overdraft
Cheque and Deposit Accounts
The diagram below shows the current account structure.
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Source: ANZ Banking Review December 2013
The annual cost of the above services was $30,239 in 2012-13.
Figure 1 below shows a breakdown of the fees paid by service for the 2012-13
financial year.
The chart shows that the highest cost areas for banking services are related to the
receipt of customer funds predominantly for rates payments with merchant charges,
BPAY charges and PostBillPay making up 77% of the cost.
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Figure 2 (on the following page) shows a comparison of the volume of funds
received through each customer payment channel to illustrate the variance in cost to
Council for the various payment options.
It is noteworthy that despite the high proportion of funds received being in the form
of cash and cheques there is no additional banking charges for the processing of
these channels.
There are however significant administration costs associated with processing and
reconciling cash and cheque payments when compared to other channels.
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Method
From the initial audit of the existing banking services and fees the following steps
were identified as the best path to reducing the overall cost of the service:
1. Market comparison of existing banking fees with the following;
a) Benchmarking the rates of a nearby Council
b) ANZ Service Review
c) State Procurement Contract (SPC)
2. Identification of the most efficient payment channels for customer payments
Market Comparison of the Existing Banking Fees
Using the data from the audit we spoke with a number of councils and banks to
identify the market range for merchant and BPAY fees (which are the biggest
component of cost that we could affect on the banking side).
The following table is a full listing of the comparative final costs for each supplier.
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Table 1. Comparison of Final Banking Costs
Description
2012-13
Fees
Benchmarked
Cost
ANZ
Review
Cost
SPC
Total
Cost
BPAY $8,474 $1,716 $3,869 $2,009
Merchant Service
Facility
EFTPOS/Credit Card $7,726 $2,825 $4,022 $1,627
Postbill Pay $7,117 $7,117 $7,078 $7,117
Transaction Banking
- Creditors, Payroll,
Statement Items $2,796 $690 $2,796 $196
Account Servicing
Fee $1,500 $500 $1,500 $0
Overdraft Facility $1,250 $1,250 $0 $1,250
EFTPOS Terminal
Rental $899 $468 $719 $432
ANZ Corporate Card $225 $225 $0
Bank Guarantee in
Favour of Minister of
Agriculture $140 $140 $140 $140
Bank Guarantee in
Favour of Minister of
Resources $113 $113 $113 $113
Cash & Cheque
Deposits $0 $0 $0 $869
Cheques Paid $0 $0 $0 $17
Total $30,239 $15,043 $20,236 $13,769
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From the comparison of market rates the State Government Procurement Contract
(SPC), through Westpac, is the cheapest overall option for Council representing an
anticipated saving of $16,470 per annum. The SPC is also $6,467 lower than the ANZ
Review offer.
The difference is predominantly due to the significantly lower merchant services rates
and higher rates for ANZ transaction banking.
Some notable points on the comparison include:
The ANZ Bank had not reviewed the banking services and fees for some time
which led to a situation where the council was paying well above the market
rates.
The ANZ are able to compete more closely on the transaction banking fees by
migrating the council to another system for payments processing. This is
however not possible at this stage due to daily payment limits on this system
and so the option has not been included in the analysis.
Complete data for the breakdown of BPAY payments processed from credit
accounts was not available - to calculate the volume of BPAY payments from
credit accounts we worked backwards from the total payments, total fees and
the transaction fee - all of which are known.
Note: While PostBillPay is processed through the standard bank account this service
is established under a separate agreement directly between Towong Shire Council
and Australia Post. As such, the banking service provider has no influence on these
rates and we found no opportunity to reduce the costs from the current levels under
the existing agreement.
Current Supplier Service Review
A request was made to the ANZ Bank to conduct a full service review of the Councils
banking services at the beginning of the banking analysis exercise back in September
2013. This was provided in December 2013.
The pricing provided in the ANZ review has been applied in the market analysis
above under the column ANZ Review Cost.
Customer Payment Channels
The customer payment channel is the term used to describe the payment method
used by the rate payer to pay council charges such as rates and other fees. There are
differences in the costs for the various payment channel options provided to rate
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payers and there are also benefits from moving high paying fees to the most efficient
payment channel.
To illustrate the differences a flow chart 'Customer Payment Channels $500
Transaction' that shows the variety of payment methods with the end cost of the fees
in dollar terms will be presented at the meeting. Highlighted is the BPay channel
that is the most efficient in terms of cost and administration.
Surcharge on Customer Payments
A commonly employed strategy for directing customers to pay through a more cost
effective channel or to recoup the expenses incurred when customers use the higher
cost channel is to place a surcharge on these transactions.
This can be in the form of a percentage fee equivalent to or just above the value or a
fixed charge.
Following are the payment channels that we could apply a surcharge to with minor
adjustments to the process.
Modelled Revenue Surcharge
Options
Description Count
2012-13
Transaction
Value
0.25%
Surcharge
$2 Transaction
Surcharge
Merchant Service
Facility
EFTPOS/Credit
Card 1157 $513,617 $1,284 $2,314
Postbill Pay 2892 $1,415,543 $3,539 $5,784
Total 4049 $1,929,160 $4,823 $8,098
The above modelled surcharge revenue is an estimate of the level of additional
revenue raised from a surcharge based on the 2012-13 financial year.
Applying a surcharge to the PostBillPay payment channel requires setup with the
Australia PostBillPay Agency. Details of the requirements have been requested from
Australia Post and we are currently awaiting a response.
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For over the counter card transactions the fee would need to be added to the
customer charge through the terminal at the time of processing. The process and
steps for doing this are to be formulated but it should be noted that the onus of
adding the charge will be on the customer service staff member.
Any such surcharge would also need to be accounted for in Lynx correctly so as not
to create reconciliation issues where a customer is credited with the additional
payment onto their whole rates bill.
Impact on Council Policy:
Towong Shire Council Investment Policy, Ref 10/01/0004, 10th October 2013 (refer to
Section 2).
'Council shall only invest funds in short term investment products with a credit
rating of A-2 or higher. For long term investments, Council will only invest in products
with a rating of BBB+ or higher.'
Given there is likely to be significant working capital, Council’s operating bank
accounts should be with an institution that is consistent with the requirements of the
investment policy. All of the major Australian banks are currently compliant.
State Government Policy Impacts:
The procurement process is compliant with the Local Government Act 1989 as the
overall spend is within the limits requiring public tender. Despite this the final
recommendation to move to a State Government Purchase Contract is consistent
with State Department internal policies to utilise these contracts.
Budget Impact:
Westpac have agreed to waive all of the standard implementation costs associated
with a bank migration. Any internal costs of the move will be borne by Council, these
include:
Staff time in setup, training and updating processes.
File format modification to suit the Lynx finance system. The ABA file
exported for creditors and payroll batch payments are standard and should
require only minor changes. It is likely that the BPAY receivables file format
will be different - Lynx does accept a variety of file formats and we have asked
for a test file from Westpac to run through the system.
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The move however will benefit the Council budget by approximately $16,000
annually. As a recurring benefit this represents significant value for Council.
Risk Assessment:
Risk
Type
The risk (what can happen
and how) Risk Mitigation
Financial Additional implementation costs
above the expected internal costs.
Westpac have confirmed a waiver of
implementation costs for all standard
products which covers Council’s
requirements. The remaining risk is
outlined above in the budget
implications as being related to the
BPAY receivables reconciliation file.
Financial
Not migrating banks leads to an
additional recurring cost to the
Council budget when compared to
moving of $6,467 annually
(compared to the ANZ Review
offer).
People
Moving banks will lead to some
changes in existing processes in
particular creditors and payroll
processing and connections with
Lynx for reconciliations.
Westpac to provide appropriate
training. Corporate Services Manager
to update existing processes and
work with staff and Westpac to
implement these processes.
Reputation
ANZ may close down or reduce the
operation of local agencies citing
the council banking move as a
reason
The Council business from a banking
side would move to the post office
for deposits of cash and cheques. All
other business with ANZ with the
business banking division based
outside Towong Shire.
Reputation
Council could be seen to not be
supporting a bank that provides
services locally
The Council will still be depositing
cash and cheques locally through the
post offices and a Westpac Agency in
Corryong.
Reputation
Customers may have Council’s
payment details setup in finance or
banking platforms - will these need
to be changed.
For anyone paying through BPAY or
PostBillPay the details will not
change. The payment information
can be migrated to the new service
provider. This will cover ratepayers
and negate the requirement to
update the rates notice. Where an
entity pays Towong Shire via EFT the
new bank details will need to be
provided. The Council can keep the
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current ANZ accounts open for a
period while they change over to
Westpac.
Community Consultation/Responses:
No community consultation has been undertaken as part of this process.
Discussion/Officers View:
It is the officer’s recommendation that Council move banking services away from
ANZ to Westpac under the State Government Procurement Contract.
The recommendation is based in the difference in cost for an equivalent level of
service and is consistent with Towong Shire Council’s ongoing work to improve
business efficiency and reduce costs where possible without impacting the service
level.
Serious consideration should also be given to Council’s position on adding a
surcharge to the more expensive payment channels where this can be done
efficiently and managed effectively.
CR WORTMANN
CR JOYCE
1. THAT THE COUNCIL COMMENCE A MIGRATION OF BANKING SERVICES
FROM ANZ TO WESTPAC UNDER THE STATE GOVERNMENT
PROCUREMENT CONTRACT; AND
2. A REPORT BE PROVIDED TO COUNCIL DURING THE BUDGET PROCESS IN
RELATION TO THE INTRODUCTION OF A SURCHARGE ON THE MORE
EXPENSIVE PAYMENT CHANNELS.
CARRIED
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17 Committee minutes
17.1 Audit Committee (07/07/0010-CEO)
The minutes of the meetings held on 21 October 2013 (confirmed) and 9 December
2013 (unconfirmed) are attached at Appendix 9 for information.
Recommendations from the 21 October 2013 meeting are tabled below:
Final Management Letter
MR FAGENCE
CR FRASER
THAT:
1. THE VAGO RISK RATING OF THE ISSUE BE INCLUDED FOR FUTURE REPORTS;
AND
2. THE REPORT BE NOTED.
CARRIED
Internal Audit Plan
CR FRASER
MR HAYSEY
THAT:
1. AUDIT RECOMMENDATIONS AND ACTION TAKEN STATUS BE PRESENTED
AT FUTURE MEETINGS;
2. THE INTERNAL AUDIT PLAN AND RMSAP BE WORKSHOPPED WITH
COUNCIL WITHIN FOUR MONTHS (FEBRUARY 2014); AND
3. THE REPORT BE NOTED.
CARRIED
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Risk Management Strategy and Action Plan
MR FAGENCE
MR HAYSEY
THAT:
1. THE INTERNAL AUDIT PLAN AND RMSAP BE WORKSHOPPED WITH
COUNCIL WITHIN FOUR MONTHS (FEBRUARY 2014);
2. THE NEW COUNCIL PLAN PRIORITIES REPORT FORMAT PRESENTED BY
MANAGEMENT IS AN EASY TO READ, USER FRIENDLY FORMAT. THAT THIS
REPORT BE USED TO INFORM THE RMSAP AND INTERNAL AUDIT PLAN;
AND
3. THE REPORT BE NOTED.
CARRIED
Tenders Underway or Awarded
MR HAYSEY
MR FAGENCE
THAT:
1. AN ATTESTATION OF COMPLIANCE WITH COUNCIL POLICY BE MADE BY
MANAGEMENT EACH TIME A TENDER IS AWARDED;
2. THE TENDER PROCESS BE PRESENTED TO THE AUDIT COMMITTEE BY JUNE
2014; AND
3. THAT THE REPORT BE NOTED.
CARRIED
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Review of the Charter
MR FAGENCE
CR FRASER
THAT THE AUDIT COMMITTEE RECOMMENDS TO THE COUNCIL THE
FOLLOWING CHANGES TO THE CHARTER BE MADE:
CONSOLIDATION OF ROLES AND RESPONSIBILITY HEADINGS:
o FINANCIAL REPORT AND EXTERNAL AUDIT
o INTERNAL CONTROL AND INTERNAL AUDIT
o REPORTING RESPONSIBILITIES AND OTHER RESPONSIBILITIES
CARRIED
A copy of the Charter is attached at Appendix 10.
General Business
MR HAYSEY
MR FAGENCE
THAT THANKS BE GIVEN TO THE DCCS, MR DAVE BARRY, FOR HIS EFFORTS WITH
THE AUDIT COMMITTEE.
CARRIED
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Recommendations from the 9 December 2013 meeting are tabled below
Internal Audit Plan
CR FRASER OAM
MR HAYSEY
THAT:
1. THE ACTION PLANS BE REVIEWED AND PRIORITISED TO PROVIDE REALISTIC
TARGETS FOR THE ECHELON SAFETY AUDIT (JANUARY 2012) AND THE
SWIMMING POOLS SAFETY AUDIT (2011);
2. COUNCIL NEEDS TO BE AWARE THAT RISK MANAGEMENT MUST BE A HIGH
PRIORITY WITH APPROPRIATE TIMEFRAMES FOR WORK TO BE DONE. THE
IDENTIFIED HIGH PRIORITY RISKS FROM THE AUDITS NEED TO BE
ADDRESSED IN A TIMELY FASHION; AND
3. THE REPORTS BE NOTED AND CONTINUE TO BE PROVIDED.
CARRIED
Council Policies for Review
CR FRASER OAM
MR HAYSEY
THAT THE AUDIT COMMITTEE CONSIDER THE POLICIES AND PROVIDE ANY
FEEDBACK OR RECOMMENDATIONS FOR ALTERATION TO COUNCIL.
THE AUDIT COMMITTEE HAS REVIEWED THE FOLLOWING POLICIES SINCE
OCTOBER 2013:
COMPUTER USE
DISABILITY ACCESS
EMPLOYEE CODE OF CONDUCT
FRAUD AND CORRUPT CONDUCT
FRAUD, CORRUPT CONDUCT AND CONFLICT OF INTEREST REPORTING
PROCEDURE
PROTECTED DISCLOSURE, AND
SOCIAL MEDIA
CARRIED
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Annual Self Assessment
MR FAGENCE
MR HAYSEY
THAT:
1. THE ANNUAL SELF ASSESSMENT BE NOTED. AMENDMENTS TO BE MADE
FOLLOWING RETURN OF OUTSTANDING EVALUATION FORMS; AND
2. THE ANNUAL SELF ASSESSMENT BE PROVIDED TO COUNCIL AS PART OF
ORGANISATIONAL IMPROVEMENT SECTION OF THE AGENDA IN FEBRUARY
2014.
CARRIED
CR GADD
CR SCALES
THAT THE MINUTES OF THE MEETINGS HELD ON 21 OCTOBER 2013
(CONFIRMED) AND 9 DECEMBER 2013 (UNCONFIRMED) BE NOTED AND THE
RECOMMENDATIONS MADE BE ADOPTED.
CARRIED
17.2 Lake Hume Land and On-Water Management Plan CRG
(07/01/0121-Cr Wortmann)
The unconfirmed minutes of the meeting held on 4 October 2013 are attached at
Appendix 11 for information.
CR JOYCE
CR GADD
THAT THE UNCONFIRMED LAKE HUME LAND AND ON-WATER MANAGEMENT
PLAN MINUTES BE NOTED.
CARRIED
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17.3 Murray Darling Association (07/01/001-Cr Wortmann)
The unconfirmed minutes of the meeting held on 15 November 2013 are attached at
Appendix 12 for information.
CR WORTMANN
CR SCALES
THAT THE UNCONFIRMED MURRAY DARLING ASSOCIATION MINUTES BE
NOTED.
CARRIED
17.4 Tourism North East (05/02/0153-CEO)
The unconfirmed minutes of the meeting held on 22 November 2013 are attached at
Appendix 13 for information.
CR WORTMANN
CR GADD
THAT THE UNCONFIRMED TOURISM NORTH EAST MINUTES BE NOTED.
CARRIED
17.5 MAV Representatives, Mayors and CEO’s Forum (07/01/0006-
Mayor)
The unconfirmed minutes of the meeting held on 5 December 2013 are attached at
Appendix 14 for information.
CR JOYCE
CR GADD
THAT THE UNCONFIRMED MAV REPRESENTATIVES, MAYORS AND CEO’S
FORUM MINUTES BE NOTED.
CARRIED
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17.6 NevRwaste (07/01/0050-Cr Joyce)
The unconfirmed minutes of the meeting held on 5 December 2013 are attached at
Appendix 15 for information.
CR WORTMANN
CR JOYCE
THAT THE UNCONFIRMED NEVRWASTE MINUTES BE NOTED.
CARRIED
17.7 Rural Councils Victoria (07/01/0137-CEO)
The unconfirmed minutes of the meeting held on 13 December 2013 are attached at
Appendix 16 for information.
CR GADD
CR WORTMANN
THAT THE UNCONFIRMED RURAL COUNCILS VICTORIA EXECUTIVE
COMMITTEE MINUTES BE NOTED.
CARRIED
J Heritage left the Council Chamber at 11.30 am
J Heritage returned to the Council Chamber at 11.31 am
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18 Occupational health and safety
18.1 OHS Committee (06/04/0212-DCCS)
The minutes of the meetings held on 5 December 2013 (confirmed) and 9 January
2014 (unconfirmed) are attached at Appendix 17 for information.
CR WORTMANN
CR GADD
THE MINUTES OF THE MEETINGS HELD ON 5 DECEMBER 2013 (CONFIRMED)
AND 9 JANUARY 2014 (UNCONFIRMED) BE NOTED.
CARRIED
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19 Council policies (10/01/0007-CEO)
The following policies were tabled for review at the 3 December 2013 Council
meeting and are presented at Appendix 18 for adoption. Please note that
recommended changes are shown in red.
Conflict of Interest Guidelines Planning Staff
Tree
CR GADD
CR JOYCE
THAT THE FOLLOWING POLICIES AS AMENDED BE ADOPTED:
CONFLICT OF INTEREST GUIDELINES PLANNING STAFF
TREE
CARRIED
At the 3 December 2013 meeting the Whistleblower Protection policy was also
circulated for review.
The Whistleblowers Protection Act 2001 has been replaced with the Protected
Disclosure Act 2012 and this means that the ‘Protected Disclosure’ policy that was
adopted by Council at the 3 December 2013 meeting replaces the Whistleblowers
policy that was circulated with the December minutes.
The following policy is attached at Appendix 19 for review. Councillors are requested
to provide feedback on the policy to the Director Community and Corporate Services
by 4 March 2014.
OH and S Committee Constitution (DCCS)
20 Sealing of documents
Nil.
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21 Confidential
In accordance with S77(2) information is ‘confidential information” if:
(a) the information was provided to the Council or a special committee in relation
to a matter considered by the Council or special committee at a meeting closed to
members of the public and the Council or special committee has not passed a
resolution that the information is not confidential; or
(b) the information has been designated as confidential information by a
resolution of the Council or a special committee which specifies the relevant ground
or grounds applying under section 89(2) and the Council or special committee has
not passed a resolution that the information is not confidential; or
(c) subject to sub-section (3), the information has been designated in writing as
confidential information by the Chief Executive Officer specifying the relevant ground
or grounds applying under section 89(2) and the Council has not passed a resolution
that the information is not confidential.
In accordance with Section 89(2) and 89(3) of the Local Government Act 1989,
(2) A Council or special committee may resolve that the meeting be closed to
members of the public if the meeting is discussing any of the following—
(a) personnel matters;
(b) the personal hardship of any resident or ratepayer;
(c) industrial matters;
(d) contractual matters;
(e) proposed developments;
(f) legal advice;
(g) matters affecting the security of Council property;
(h) any other matter which the Council or special committee considers would
prejudice the Council or any person;
(i) a resolution to close the meeting to members of the public.
(3) If a Council or special committee resolves to close a meeting to members of
the public the reason must be recorded in the minutes of the meeting
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CR GADD
CR JOYCE
THAT THE MEETING BE CLOSED TO THE PUBLIC TO CONSIDER INFORMATION
CONSIDERED UNDER SECTION 89(2)(h) OF THE LOCAL GOVERNMENT ACT TO
BE CONFIDENTIAL THE TIME BEING 11.37 AM.
CARRIED
CR GADD
CR JOYCE
THAT THE MEETING BE REOPENED TO THE PUBLIC, THE TIME BEING 11.50 AM.
CARRIED
21.1 Consideration of Tender – Replacement of 2001 Caterpillar
140H Grader Contract No. 1407/0905 (10/02/0008-DTS)
CR SCALES
CR WORTMANN
THAT THE TENDER RECEIVED FROM HITACHI CONSTRUCTION MACHINERY
FOR THE JOHN DEERE 670GP ($339,990 EX GST) LESS THE TRADE IN OF THE
CATERPILLAR 140H GRADER ($135,000 EX GST) BE ACCEPTED.
CARRIED
There being no further business the meeting closed at 11.52 am.
________________________________________________
Cr Mary Fraser OAM 4 March 2014
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