minutes of the ordinary monthly meeting of …...ordinary meeting – 16 september 2013 minutes of...

MINUTES

of the Ordinary Meeting

Held 16 September 2013

Lockhart Shire Council Ordinary Meeting – 16 September 2013

Minutes of the Ordinary Monthly Meeting of Lockhart Shire Council held in the Council Chambers,

Green Street, Lockhart on Monday, 16 September 2013 at 5:07pm.

PRESENT Cr P. Yates (Mayor), Cr R. Schirmer (Deputy Mayor), Cr J. Paterson (arrived at 5.56pm), Cr M.

Day, Cr D. Douglas, Cr J. Morgan, Cr G. Verdon and Cr G. Driscoll. Also in attendance were the General Manager, Director Corporate Services, Director of

Engineering and Acting Director Environmental Services. The meeting opened with a prayer.

APOLOGIES Cr. R. McDonnell.

264/13 RESOLVED on the motion of Crs Verdon and Driscoll.

CONFIRMATION OF MINUTES 265/13

RESOLVED on the motion of Crs Driscoll and Day that the Minutes of the Ordinary Monthly Meeting held on Monday 19 August 2013 as printed and circulated be taken as read and confirmed with the amendment to Motion 236/13, Item 1, pg. 3 to read “Council to commit in principle to providing…”.

LEAVE OF ABSENCE Cr Day and Cr Driscoll sought Leave of Absence for the October 2013 meeting.

266/13 RESOLVED on the motion of Crs Verdon and Morgan that Cr Day’s and Cr Driscoll’s Leave of Absence for the October 2013 meeting be granted.

DECLARATION OF PECUNIARY AND NON-PECUNIARY INTERESTS Non Pecuniary Interest – Cr Morgan, Item 18, Request for Variation to Building Line DA 4/14.

MAYORAL MINUTE (MAYOR/C63-015) 267/13 RESOLVED on the motion of Cr Driscoll and Morgan that a letter be forwarded to the Principal of

Milbrulong Public School, Carla Fletcher, acknowledging the service provided to both the Shire and local community during her term of office.

This is page 2 of the Minutes of the Ordinary Monthly Meeting of the Lockhart Shire Council held in the Council Chambers, Green Street, Lockhart – 16 September 2013.

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1. ELECTION OF MAYOR (GM/E15-015) In accordance with the Local Government Act 1993 the General Manager as Returning Officer invited nominations for the position of Mayor, such to be completed in accordance with the Local Government Act. The General Manager as Returning Officer advised the meeting that one (1) nomination was received for the position of Mayor, being Cr Peter Yates. As there was only one nomination for the position of Mayor the General Manager as Returning Officer declared Cr Yates as the Mayor of Lockhart Shire Council for the ensuing twelve (12) months.

2. ELECTION OF DEPUTY MAYOR (GM/E15-005)

The General Manager as Returning Officer advised that one (1) nomination was received for the position of Deputy Mayor being Cr Rodger Schirmer. As there was only one nomination for the position of Deputy Mayor the General Manager as Returning Officer declared Cr Schirmer as the Deputy Mayor of Lockhart Shire Council for the ensuing twelve (12) months.

MAYORAL REPORT (MAYOR/C75-005) The Mayor, Cr Yates, verbally reported on activities during the past month as follows: 4 September Attended the REROC Executive meeting in Wagga Wagga. 9 September Attended The Rock Flood Study meeting. 11 September Along with Cr McDonnell was invited to a meeting with consultants commissioned by

NSW Transport in regard to movement of freight in NSW.

268/13 RESOLVED on the motion of Crs Driscoll and Morgan that the Mayoral Report be received.

3. STANDING ORDERS (GM/D10-005)

269/13 RESOLVED on the motion of Crs Verdon and Schirmer that Council adopt the Standing Orders as detailed in the report.

4. APPOINTMENT OF DELEGATES/MEMBERS (GM/D10-005)

Committee Nominated Delegate

Riverina Water County Council

This appointment is for the term of the Council; that is until September, 2013 (should be 2016).

Cr Verdon

Riverina Regional Tourism

Associate membership entitles a Council representative to attend meetings of the Board but provides no voting rights.

Cr Driscoll

Eastern Riverina Noxious Weeds Advisory Group

Membership entitles each council to two delegates, one an elected member and one an employee (Weeds Inspector).

Cr Morgan, Noxious Weeds Inspector


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Riverina Eastern Regional Organisation of Councils

Membership of this organisation entitles Council to two delegates, one elected member and one staff.

The Mayor, General Manager

Riverina Regional Library

These appointments are for the term of the Council; that is until September, 2013.

Cr Verdon, General Manager, Cr Driscoll - alternate

Tidy Towns

During the past year members of Council were appointed to liaise with and attend as Council representatives at meetings of the respective Tidy Towns Committees. Should Council wish to continue that arrangement the respective committees are:

Lockhart Progress Association & Tidy Towns Committee

The Rock Progress Association and Tidy Towns Committee

Pleasant Hills Public Watering Place and Tidy Towns Committee

Yerong Creek parks and Gardens and Tidy Towns Committee

Cr McDonnell Cr Driscoll Cr Douglas Cr Yates

District Emergency Management Committee Cr Day, Director of Engineering

Lockhart Shire Local Emergency Management Committee

Under the State Emergency Management Act there is established for each Local Government Area, a Local Emergency Management Committee with membership comprised of representatives drawn from various emergency response agencies, e.g. police, ambulance, fire brigade, electricity authority, Telstra, etc. Council is obliged to provide secretarial support to the Committee as well as providing an Emergency Control Centre. Council’s Director of Engineering has, in past years, been appointed as Council representative on the Committee, as Chairman of the Local Emergency Management Committee and also as Local Emergency Management Officer.

Director of Engineering

Riverina Fire Zone Bush Fire Management Committee This is a statutory committee established under the Rural Fires Act 1997 and Regulation. Its main function is to prepare operational and risk management plans for the rural fire district for which it is constituted. Membership is drawn from a myriad of land management and environmental interests. Council membership is limited by Clause 15(1)(a)(f)(c) of the Rural Fires Regulation to the Mayor or a Councillor, the Fire Control Officer and the Director or person responsible for Environmental Services.

Cr Schirmer, Cr Morgan – Alternate, Director of Engineering

Riverina Fire Zone – Service Level Agreement Liaison Committee Under the Service Level Agreement between Lockhart, Coolamon, Junee and Urana Shire Councils and Wagga Wagga City Council and the Commissioner of NSW Rural Fire Service, a Liaison Committee consisting of 18 members is provided for, i.e. 1 Councillor appointed by each member Council 1 The General Manager of each member Council or his/her delegate 1 Volunteer rural fire fighter from each member Council area

Cr Morgan, Director of Engineering


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2 Members of Rural Fire Service staff 1 Zone Fire Officer who will be the committee’s executive officer. The Liaison Committee monitors the performance of the Service Level Agreement. The procedures for calling meetings and the conduct of business at those meetings are determined by the Liaison Committee. The committee must meet at least quarterly.

Lockhart Shire Floodplain Management Committee(s)

During the past year the Mayor and A Ward Councillors were appointed as Council representatives on a Lockhart Floodplain Management Committee. The Mayor and C Ward Councillors represented Council on a Floodplain Management Committee for The Rock and Yerong Creek. Both committees will again be required in connection with ongoing floodplain studies and any associated works to be undertaken.

Lockhart: The Mayor, Cr Schirmer, Cr Day

The Rock: The Mayor, Cr Verdon, Cr Paterson

Magnolia Lodge Tenancy Advisory Committee Comprised of two (2) representatives from Council and two (2) representatives from Lockhart & District Aged Care Association, the committee is consulted in relation to allocation of tenancy at the Magnolia Lodge Aged & Disabled Persons Self-care Units, which are managed by Council.

The Mayor, Cr Schirmer

Tourism/Economic Development Committee

Cr Driscoll, Cr Douglas, Ms Raeleen Pfeiffer, Mrs Susan Creek, Mr Greg Smith, Mrs Sandra Johnstone, and Mr Colin Wiese.

Lockhart Shire Traffic Committee This is a statutory committee established pursuant to the Motor Traffic Act and Regulation. It comprises one representative of Council; Police Department; Roads & Traffic Authority; and the local State Member of Parliament. It is a technical body to provide advice on road and traffic related issues. The Traffic Authority of NSW is responsible for road traffic control in NSW. In order that the management of road traffic is responsive to local community needs as well as social attitudes the Traffic Authority has delegated some of its powers to local councils. In many circumstances the Council must first consider the advice of its local traffic committee before determining an issue and, in some cases, can only proceed with concurrence of its Traffic Committee representatives of RTA and Police. Because of the technical nature of the committee’s role it has been customary to appoint the Director of Engineering as Council’s representative on the Committee.

Director of Engineering

Police Community Consultation Committee

The Mayor, Mr Ross Edwards, Mr Bob Martin, Mrs Karen McPherson Cr Paterson, and General Manager.


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Youth Steering Committee

Cr McDonnell, Director Corporate Services

Spirit of the Land Committee

The Mayor, Cr Schirmer

Lockhart Flood Study Group The Mayor, Cr Day, Cr Schirmer

The Rock Flood Study Group The Mayor, Cr Paterson Cr Verdon

270/13 RESOLVED on the motion of Crs Douglas and Verdon that Council appoints Councillors to the

various committees referred to.

URGENT MATTERS

Nil.

COMMITTEE REPORTS MINUTES OF THE TOURISM/ECONOMIC DEVELOPMENT STEERING COMMITTEE MEETING OF LOCKHART SHIRE COUNCIL HELD AT LOCKHART SHIRE COUNCIL CHAMBERS LOCKHART 4 SEPTEMBER 2013 COMMENCING AT 7.30PM. PRESENT Councillor D Douglas, Mr C Wiese, Mr G Smith, S Johnstone and Tourism/Economic Development Officer (Mrs Ursula Jones). APOLOGIES Mrs S Creek, Councillor G Driscoll, Mrs Raeleen Pfeiffer. CONFIRMATION OF MINUTES 5 JUNE 2013 The minutes of the Meeting held Wednesday, 7 August 2013, as printed and circulated be taken as read with the amendments to the apologies to include an apology from S Johnstone and confirmed on the Motion of G. Smith. 1. Tourism & Economic Development Steering Committee TEDO informed TEDSC that Lisa Turner and Rodney Cox have informed Council that they wish to resign from the Tourism & Economic Development Steering Committee informing the committee that a letter acknowledging and thanking both Lisa and Rodney for their contribution to the committee has been sent to both retiring members. The TEDO will actively encourage applications from community members and forward applications to Council for approval. Recommendation: That the information be noted. 2. Heritage Standards within Lockhart Shire TEDSC highlighted areas of concern where the Committee believes heritage standards may not have been upheld, particularly in the Lockhart Township. The Committee reflected on the standards previously enforced on businesses to uphold the heritage status of the Township. The Committee noted if these standards and heritage attractions are slowly eroded the Lockhart Township will lose a strong element of its appeal. The Committee, aware that Council employs a Heritage Advisor, discussed the possibility of a heritage audit of Green Street Lockhart and across Lockhart Shire.


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Recommendation: That Council consider requesting the Heritage Advisor conduct a heritage audit highlighting any standard breech and include recommendations regarding the preservation retention and re-establishment of heritage standards within the Shire, with reference to Green Street Lockhart. Council to request that, the Heritage Advisor establish guidelines to ensure the retention of the heritage standards within Lockhart and all Shire Townships. 3. Public Toilets The TEDO informed the TEDSC that Council adopted the recommendations of the TEDSC, acknowledging the recommendations would improve the public facilities and encourage return visits to Lockhart Shire. At the August Ordinary Meeting of Council, Council requested the TEDSC formulate the most practical approach to utilising the facilities improving access and availability to additional facilities. TEDSC suggested the following guidelines.

• Toilet facilities at the Lockhart Memorial Hall to be available for use by visiting larger groups. The key to access the facility should be obtained from the Lockhart Shire Council Office (during office hours) or from Lockhart Information Centre in the Green’s Gunyah Museum (weekends).

• Call for expressions from community groups willing to clean the public toilets in The Rock, Yerong Creek and Pleasant Hills via the Council newsletter. Payment would provide a fundraising opportunity for community groups.

• TEDO inform bus and tour companies of the availability of the facilities for large groups.

Recommendation: That the information be noted. 4. Dream Big (ERA) The TEDO reported that the Eastern Riverina Arts ‘Dream Big’ Conference held in the Lockhart Memorial Hall on Friday August 30 was very successful, attracting keynote speakers Fiona Foley and Wendy Hee from interstate. Focus was on how small communities can work to achieve Community/Public Art. ‘Spirit of the Land’ and the ‘inspiration’ the sculptures have on artists and generating additional art works within the community was highlighted as an example of a Community/Public Art success story. Recommendation: That the information be noted. 5. The Rock NBN The TEDO informed the TEDSC that a Council sub-committee has been formed to develop a strategy to stimulate awareness amongst the residents of The Rock, highlighting the benefits of NBN fibre optic network and informing the residents that the first stage of construction has commenced. The NBN Committee is comprised of Cr Driscoll, Cr Paterson, Cr Verdon, Rob Martin (Chairman of The Rock Progress Association), Charles Morton and Tourism/Economic Development Officer (Mrs Ursula Jones). The committee will highlight the expectations and benefits of the NBN, ensuring the NBN connections will be available to future developments at The Rock including the proposed Industrial Park and Residential Development. Recommendation: That the information be noted. 6. Bond Street Subdivision The TEDO reminded the TEDSC that the recommendations were made to Council from the June TEDSC meeting. Additional reports will be submitted to the September Ordinary Monthly Meeting of Council and that the TEDO continue to inform the TEDSC of the marketing strategy. Recommendation: That the information be noted. 7. Sculpture Trail Brochure TEDO presented the final draft of the A5 Sculpture Trail brochure to the TEDSC. Suggested alterations will be made prior to printing. The TEDO reminded the TEDSC that the brochure will be printed at Council and additional pages will be added as the Lockhart Township acquires new Sculptures. Recommendation: That the information be noted.


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8. CWA Park The TEDO informed the TEDSC that the submission to Council, suggesting the new Park in Lockhart be named ‘Farm Sculpture Park’, was considered along with other suggestions from the Community. Council resolved the park will be named CWA Park in recognition of the contribution of CWA has made to the Lockhart Community. Recommendation: That the information be noted.

9. Green’s Gunyah Museum Preservation Project The TEDSC reported that Historical Society continues to work with Council to finalise plans for the development of Green’s Gunyah Museum. Recommendation: That the information be noted. 10. Local Business Competition

TEDO informed the TEDSC that the residents will be encouraged to participate in NSW Fair Trading’s ‘I love my local business’ competition via Council’s newsletter.

NSW Fair Trade has launched NSW Fair Trading’s ‘I love my local business’ competition.

NSW consumers can nominate their favourite local business by telling Fair Trading, in 60 words or less, what they love about them and why. There are 6 prizes worth $250 to be won!

The ‘I love my local business’ competition celebrates good business practice in NSW. You can nominate a local business which goes out of their way to do the right thing by their customers. It might be because they respond positively to complaints. Or they might sponsor the local cricket team. Or it could simply be that they make the best coffee in town.

The competition runs from Monday 2 – Monday 30 September 2013.

For more information and to enter go to Fair Trading’s Facebook page at www.facebook.com/FairTradingNSW

Council will encourage residents to participate in NSW Fair Trading’s ‘I love my local business’ competition.

Recommendation: That the information be noted. Recommendation: That the report be received and the recommendations contained therein be adopted, with particular attention to Item 2 - Recommendation: That Council consider requesting the Heritage Advisor conduct a heritage audit highlighting any standard breech. Include recommendations regarding the preservation retention and re-establishment of heritage standards within the Shire, with reference to Green Street Lockhart. Council request that the Heritage Advisor establish guidelines to ensure the retention of the heritage within Lockhart and all Shire Townships. Meeting Closed 8.30pm. Next meeting will be held at The Rock Hall on Wednesday 9 October 2013 at 7.30pm.

271/13 RESOLVED on the motion of Crs Douglas and Morgan

• That the report be received and the recommendation contained therein be adopted with the exception of Item 2 – Recommendation


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http://www.facebook.com/FairTradingNSW


RESPONSES TO QUESTIONS AND STATEMENTS 19 AUGUST 2013

Executive Summary Responses to questions and statements from Council Meeting 19 August 2013 Background Information Cr Morgan: (i) Flag Pole at Yerong Creek: At the Council meeting 19 August 2013 Cr Morgan enquired as to whether

the flag pole at Yerong Creek had been attended to. The Director of Engineering can now advise that the flag pole has been refurbished and reinstalled.

Cr McDonnell (ii) Fairy Lights, Green Street: At the Council meeting 19 August 2013 Cr McDonnell enquired as to the

replacement of the fairy lights in Green Street, Lockhart. The Director of Engineering advises that he has obtained budget estimates for three options regarding the fairy lights. This is reported separately in the business paper.

Cr Verdon: (i) Street Signs, The Rock: At the Council meeting 19 August 2013 Cr Verdon stated that it appears to be

cross street signage missing in The Rock and request that the Director of Engineering investigate the matter. The Director of Engineering has undertaken an audit of the signage in The Rock and found that 42 signs were found to be missing/need replacing. These will be replaced in priority order and as funds permit.

Legislative Policy and Planning Implications Nil. Budget and Financial Aspects Will be conducted within Council’s allocated budget as determined by Council. Attachment Nil. Recommendation: That the information be noted.

272/13 RESOLVED on the motion of Crs Morgan and Schirmer that the information be noted. Cr Paterson arrived at the meeting at 5.56pm.


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STAFF REPORTS

General Manager

1. INTERNAL REPORTING POLICY UPDATE (GM/I05-005)

Executive Summary Latest version of the Local Government Model Internal Reporting policy provided by the NSW Ombudsman. Report The Division of Local Government assisted the Ombudsman with the latest review of their policy and provided suggested amendments that align the content more closely with their prescribed Procedures for the Administration of the Model Code of Conduct for Local Government in NSW. These amendments have been incorporated into Lockhart Shire Council’s Policy 1.18 – Public Interest Disclosures & Reporting System as attached. Legislative Policy & Planning Implications Revision of Policy 1.18 - Public Interest Disclosures & Reporting System. Budget & Financial Aspects Nil. RECOMMENDATION: That the revised Policy 1.18 - Public Interest Disclosures & Reporting System be placed on public advertisement for 28 days and be considered for adoption at the October meeting of Council. Attachment (1) Revised Policy 1.18 - Public Interest Disclosures & Reporting System.

273/13 RESOLVED on the motion of Crs Schirmer and Day that the revised Policy 1.18 – Public Interest Disclosures and Reporting System be placed on public advertisement for 28 days and be considered for adoption at the October meeting of Council.

2. 2016 COUNCIL ELECTION ADMINISTRATION (GM/E15-020)

Executive Summary Determination on conducting of elections up to and including 2016 Council elections Report

Section 296 of the Local Government Act provides that elections are to be administered by the General Manager of the Council except as provided in this section of the Act. The section then sets out that Council can enter into an arrangement for the Electoral Commissioner to administer elections of the Council provided the Council resolves to do so at least 18 months prior to the next ordinary election of Councillors. Elections include by-elections, polls and referenda.

Nearly all Councils in NSW used the Electoral Commissioner to conduct their elections at the last election which were completed satisfactorily at reasonable cost. The alternative is the conduct the elections internally probably at significantly higher cost and having the potential to exert significant political pressure on the General Manager. Having it one step removed takes away that possibility and allows the Electoral Commissioner to go about their normal business instead of the General Manager having to get up to speed for a once in 4 year event and the inevitable inconsistencies which that scenario could produce.

I would highly recommend that the Electoral Commissioner be engaged to administer our next elections and a suitable resolution provided by the Electoral Commissioner has been drafted under.


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Legislative Policy and Planning Implications Nil.

Budget & Financial Aspects Provided for in budget RECOMMENDATION: That:

1 Pursuant to section 296(2) and (3) of the Local Government Act (the Act) an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2 Pursuant to section 296(2) and (3) of the Act, as applied and modified by section18, a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3 Pursuant to section 296(2) and (3) of the Act, as applied and modified by section 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council

274/13 RESOLVED on the motion of Crs Morgan and Schirmer that 1. Pursuant to section 296(2) and (3) of the Local Government Act (the Act) an election

arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council

2 Pursuant to section 296(2) and (3) of the Act, as applied and modified by section18, a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council

3. Pursuant to section 296(2) and (3) of the Act, as applied and modified by section 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council

3. VINTAGE FIRE ENGINE (GM-H15-020)

Executive Summary Request received to exchange vintage fire engine from The Rock for a Garford Appliance Report The Historical Society of ACT Incorporated (HAS) has written to the Lockhart Historical Society (LHS) requesting LHS to swap The Rock fire engine which is part of its collection with a Garford Appliance from the HAS collection. The request has been made because (according to their letter), The Rock fire engine is of significance and would complete their collection.

Comments

1. As pointed out by LHS, The Rock fire engine is not owned by it – it has been loaned to LHS by Council.

2. With the possible establishment of The Rock Museum, The Rock may wish for its fire engine to be relocated back there.

3. If HAS’s request is to be granted, it could be done for a limited period as a loan – say 1 or 2 years, and all costs associated with its transfer and its replacement, as well as return costs would need to be borne by the recipient.

4. Information obtained from LHS indicates

• Their preference for the fire engine to stay in Lockhart • It is the only fire engine in Lockhart’s collection • The proposed exchange Garford was not used in our shire, while The Rock fire engine was used

here


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• If it has to be moved elsewhere, their preference would be back to The Rock when the museum

is established there • Has already been informed twice that their proposed swap arrangement is not on.

Legislative Policy & Planning Implications Nil. Budget & Financial Aspects

Nil. Attachment (2) Letter from Cheryl Gowland regarding request from the Historical Society ACT. RECOMMENDATION: That Council determine its position in relation to the proposed swap arrangement for the fire engine.

275/13 RESOLVED on the motion of Crs Yates and Morgan that Council has determined its position in relation to the proposed swap arrangement for the fire engine as follows: a) The Lockhart & District Historical Society make the decision that will determine the future of the

fire truck and a recommendation be given back to Council for October 2013 meeting of Council.

4. REQUEST FOR FINANCIAL ASSISTANCE (GM/D30-005) Executive Summary Request for financial assistance received for Harvest Day event Report The Henty and District Antique Farm Machinery Club are holding a Harvest Day event on 9th February 2014 which will also celebrate the 100 year anniversary of the Headlie Taylor Header, which was invented by a local Henty farmer.

The Club has indicated that it is applying for grant funding to help finance the event and is also requesting a donation from Council. No amount is indicated in the letter from the Club. Legislative Policy & Planning Implications Council’s policy requires the following eligibility:

• Be based within the Council area • Be not for profit • Not having received other funding from Council in this financial year • Agree to acknowledge Council’s contribution in publicity for the event

Dot points 1-3 comply. Applicant not yet requested to comply with No 4.

Budget & Financial Aspects Budget of $20,000 of which $15,000 has been expended RECOMMENDATION: That Council determine whether to provide a donation for Harvest Day. Attachment (3) Letter from Henty & District Antique Farm Machinery Club.

276/13 RESOLVED on the motion of Crs Verdon and Schirmer that no action be taken in relation to Council

providing a donation for Harvest Day.


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5. VISIT FROM IRP MEMBER (GM/I10-006)

Executive Summary Advice of visit by Professor Sansom. Report It has been previously reported that efforts have been made to have Professor Sansom from the ILGRP visit Lockhart personally to put forward our view to him of our strength as a Council and our strong to desire to retain our independence and elected governance Professor Sansom has now confirmed a visit which will take place on Monday 23rd September from 8.30 to 10.30am. The format for that visit is in our hands and after consultation with the mayor, have tentatively agreed that a meeting format would be appropriate with morning tea and if time is available to have a short tour of Lockhart prior to his departure. It is also thought desirable that a small number of community representatives be invited. Legislative Policy & Planning Implications Nil at this stage but could have strong future ramifications. Budget & Financial Aspects Nil. RECOMMENDATION: That the report be received and the details of the meeting be completed by the Mayor and General Manager. Attachment Nil.

277/13 RESOLVED on the motion of Crs Verdon and Driscoll that the report be received and the details of the meeting be completed by the Mayor and General Manager.

LATE ITEMS (Additional Reports)

STATEWIDE MUTUAL BOARD VACANCY (GM/I10-005) Executive Summary Advice from Statewide Mutual advising of a Board vacancy and requesting nominations.

Report Statewide Mutual has advised of the resignation of Coolamon GM Terrey Kiss from its Board. Terrey has represented the Riverina Region since 1993 and Statewide are calling for nominations for a new representative for the Region. Functions required by Board members are set out in the accompanying letter. The commitment required is quarterly management meetings in Sydney as well as representing Riverina Councils which may have pertinent insurance issues that need a push along or resolution. There may also be a need for the occasional presentation to Riverina groups to supply updates on Statewide matters. Nominations are required by 30th September 2013.


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I have had previous association with Statewide as alternate Board member of the Far North Coast region and have had a strong interest in insurance issues over the years. I would request Council to nominate me as the Riverina region representative on the Board. There is some benefit to Council from Board membership including advance knowledge of insurance matters and forward notice of trends in the insurance industry. It will also bring into focus where we stand in respect of risk management issues compared to our peers. Legislative Policy & Planning Implications Nil.

Budget & Financial Aspects Out of pocket expenses covered by budget allocation. Board meeting attendance costs covered by Statewide.

RECOMMENDATION: That General Manager Rod Shaw be nominated to fill the vacant position of Board member of Statewide Mutual representing the Riverina Region.

Attachment (1)

Letter from John Attenborough, Executive Officer, Statewide Mutual regarding Board of Management.

278/13 RESOLVED on the motion of Crs Paterson and Schirmer that General Manager Rod Shaw be nominated to fill the vacant position of Board member of Statewide Mutual representing the Riverina Region.

GENERAL MANAGER LEAVE (VERBAL REPORT) (GM/S73)

The General Manager advised that he will be on Annual Leave from 18 to 30 Sept 2013. The Director of Engineering will be Acting GM during this period.


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Director Corporate Services

6. STATEMENT OF FUNDS (DCS/F10-010)

Recommendation: That the Statement of Funds for be received.

279/13 RESOLVED on the motion of Crs Driscoll and Day that the Statement of Funds for August 2013 be received.


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7. INTERNAL AND EXTERNAL RESTRICTED RESERVES (DCS/M05-005)

Introduction

Council at its meeting on 19 August 2013 resolved that a report be bought to Council on Councils Reserve Funds.

Present Position

Externally Restricted Reserves relate to funding which has generally been provided to Council for specific purposes, whereas Internal Reserves are created by Council for specific purposes which may alter over time due to a change in need or priority.

Internal and External Reserves held by Council as at 31 August 2013 were as follows:

General FundExternally Restricted ReservesGravel Pit Reserve 193,000 Galore Hill Reserve 16,000 Magnolia Lodge Entry Bonds 10,500 Specific Purpose Unexpended Grants 721,000 Trust Fund-Galore Hill 41,700 Developer Contributions 131,000

1,113,200 Sewerage FundsLockhart, The Rock & Yerong Creek 2,232,600

Total 3,345,800 General FundInternally Restricted Reserves

1 Plant & Vehicle Replacement 204,600 2 Employees’ Leave Entitlements 683,000 3 Computer Software Upgrade 40,000 4 Museum Development 50,000 5 Youth Flats 28,000 6 Disaster Reserve 90,000 7 Lockhart Pool 18,000 8 51 Galore Street 71,000 9 Future Election Expenses 6,000

10 Economic Development/Tourism Officer 75,000 11 Future Infrastructure Improvements/Replacement 1,035,000 12 Financial Assistance Grant in Advance 1,653,860 13 Flood Damages Reserve 240,200 14 Landfill Rehabilitation 10,000 15 Future Landfill Land Acquisition 24,500

Total 4,229,160 Total ReservesExternally Restricted 3,345,800 Internally Restricted 4,229,160 Unrestricted 2,987,444

Total Cash & Investments 10,562,404


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Conclusion

Accordingly Council has Externally Restricted Reserves of $3,345,800 which are for specific purposes and may not be used for other purposes.

Council has Internally Restricted Reserves of $2,575,300 which it has allocated for the above General Fund purposes. The Internally Restricted Reserves are reserves established by Council and may therefore be altered by Council.

Council currently has Unrestricted Funds of $2,987,444.

Recommendation: That the information be noted.

280/13 RESOLVED on the motion of Crs Paterson and Schirmer that the information be noted.

8. LOCAL PREFERENCE PURCHASING POLICY (DCS/C70-035)

Council at its meeting on 17 June 2013 resolved to “endorse the Draft Local Preference Purchasing Policy and place the Policy on display for 28 days inviting public comment.”

No comments have been received and accordingly Council may wish to adopt the policy.

Attachment (4) Local Preference Purchasing Policy.

Recommendation: That Council adopt the Local Preference Purchasing Policy.

281/13 RESOLVED on the motion of Crs Morgan and Driscoll that Council adopt the Local Preference Purchasing Policy.


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Director of Engineering 9. ENGINEERING REPORT (DE/T10-005)

Executive Summary Monthly report on Engineering Matters. Background Information

(a) Works Report: At present three crews are continuing with long term repairs of roads following March 2012 storm event with one crew undertaking regular maintenance works. Shortly two of these crews will commence reconstruction, being at Boree Creek Road and Woodend-Fiveways Road. Works in the intersection of Urana & Ford Streets, The Rock are in final stages of planning and due to commence in the next week.

Programme ‘snap shot’ to be provided at the meeting. All sealing works will be held over until the warmer months.

Drainage works in Day Street, Lockhart to be undertaken with in-house staff, and expected to be commenced in September 2013; currently awaiting delivery of materials. Design works for projects for 2013/14 have commenced, and being undertaken in order of planned construction. Table drain clearing/cleaning in both Lockhart and The Rock is still progressing well. Agreement with John Holland Rail to allow access into rail corridor is now in place, which has allowed further drain cleaning to be undertaken. Pipes installation in various locations across Lockhart is progressing well. Drainage improvement works in Yerong Street, The Rock is nearly 100% complete, with tidy up works still remaining, with crews then proceeding to minor drainage works throughout The Rock. Cleaning out Brookong Creek is now fully complete, with the Telstra conduit in the creek being lowered at new pedestrian bridge.

(b) Flood Claim: Payment is expected shortly for final claim for the March 2012 Regional Roads. Works on the programme for 2013/2014 are progressing well. Council has had recent discussions and site inspections with the RMS assessor and it appears he is satisfied with works to date.

(c) Flood Studies: The Flood Committees met again 9th September 2013 to discuss preliminary mitigation measures and outcomes.

(d) Road Safety Officer: Nil to report. (e) Traffic Committee: Nil to report. (f) Lockhart Local Emergency Management Committee: Nil to report. (g) Fleet. The new Motor Grader has been ordered and due mid/late October 2013.

The new light truck for Lockhart P&G has been ordered, as has new centre deck mower for The Rock. This completes planned Fleet procurement for 2013/14 budget.

Legislative Policy and Planning Implications Nil. Budget and Financial Aspects Will be conducted within Council’s allocated budget.


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Attachment Updated Works Programme to be provided at the meeting. Recommendation: That the information be noted.

282/13 RESOLVED on the motion of Crs Driscoll and Day that the information be noted.

10. NOXIOUS WEEDS (DE/N10-025)

Executive Summary Monthly report on Noxious Weeds. Background Information Property Inspections

Results of property inspections have been generally satisfactory – most having weed infestations but not to the extent that require re-inspection. Horehound, Bridal Creeper and Radish are frequently identified. Most property owners are aware of what if any weeds are present on their properties, and are aware of the techniques required to control them. Some education is required, but generally in regards to herbicide use.

No. 1st

Inspections No. Re-inspections

required No.2nd

Inspections No. Sect 18A’s

issued

No.3rd Inspections

No. Section 18’s issued

12 5 4 3 1

Spray Program Horehound and Bridal Creeper are still being targeted through Council’s spray program, and Council staff continue to conduct a high frequency inspection program for all Coolatai Grass sites, including the entire Olympic Highway. Meanwhile, sealed road shoulders and intersections are also being sprayed for control of winter weeds (including Cape weed, Marshmallow, and volunteer Canola).

Legislative Policy and Planning Implications Pesticide Use Notification Plan

Budget and Financial Aspects Will be conducted within Councils allocated budget. Attachment Nil.


283/13 RESOLVED on the motion of Crs Day and Morgan that the information be noted.


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11. PARKS AND GARDENS REPORT (DE-P10-005)

Executive Summary Monthly report on Parks & Gardens. Background Information General Maintenance Regular inspections are being conducted at all parks and BBQ areas to insure they are free from rubbish, the BBQ’s are clean and functioning, and lawns and gardens are well maintained. The bird aviary continues to be cleaned and has fresh branches cut on a weekly basis. The Rock crew continues to clean and maintain The Rock treatment works and public toilets in Urana Street, Coronation Park and Yerong Creek. Playgrounds in the Shire are being inspected regularly as per Australian Standards, with any maintenance being noted and completed as necessary. Old Admin Building Site Installation of the irrigation to proposed turf area and the nature strips has been completed. Installation of the aluminium edging has commenced, with soil and gravel being added to sites as per landscape plan. The turf will be laid shortly followed by the planting out of the gardens and installation of the winning 2011 and 2012 Spirit of the Land Farm Art Sculptures. Trees Removal of trees from Plunkett St, Yerong Creek is almost complete in preparation for resealing this section of road later this year. The stumps will be removal by road crews prior to commencement of roadworks and new trees will be planted in the nature strip upon completion. Annual pruning of street trees has continued this month. A number of dead, dying and hazardous tree have also been removed in Lockhart and The Rock. Stump grinding of all trees removed over the winter months will be organized shortly. Tree pruning and removal work will become a lower priority now that the busy spring season is here, however there is planting of street trees scheduled. Control of woody environmental and noxious weeds, including Privet, Athol Pines, African Olives and Peppercorns will continue as budget and resources allow. Mowing and Slashing The mowing schedule for irrigated areas has been increased to fortnightly again. Scheduled slashing/mowing of road verges has also been stepped up due to the recent rain and warmer weather. Slashing will now continue almost fulltime to prepare for the many events throughout the Shire over the next couple of months. The highway through The Rock and Yerong Creek will also be a priority before the Henty Field Days. Parks and Gardens Annual pruning of all roses has been completed and was followed by fertilizing and mulching. Edging and whippersnipping of irrigated parks and gardens has also been increased to fortnightly. Plants have been removed from the Green St round-about and The Rock Memorial Garden to enable refurbishment of both sites. The round-about in Lockhart which was ravaged by the storm event last year has had new drip irrigation installed and is ready for planting with low maintenance shrubs of an appropriate size.


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The Rock Memorial Gardens had that roses had reached the end of their life and the rosemary was quite overgrown. Council recognises the significance of both the “Peace” Rose and Rosemary with both featuring highly in the new design. Soil will be removed and replaced to control an ongoing problem with couch grass and new drip irrigation will be installed. Checks and maintenance will be carried out on all irrigation systems in preparation for their increased usage over the warmer months. Weed Control Extensive weed control has being conducted on Council property including Cemeteries and hand spraying of gardens. Legislative Policy and Planning Implications Budget and Financial Aspects Will be conducted within Councils allocated budget. Attachment Nil Recommendation: That the information be noted.

284/13 RESOLVED on the motion of Crs Schirmer and Douglas that the information be noted.

12. COUNCIL STAFF PICNIC DAY (ES/s30-065)

Executive Summary Council undertakes a Council Staff Picnic Day each year. Background Information The Local Government (State) Award 2010 provides that Council shall grant an annual picnic day to its employees and this is on the assumption that employees will organise some activities on this day. At this stage the date for the Council Employee Picnic Day is Friday 25 October 2013 and, although the activities are being planned, it is likely a golfing morning followed by a BBQ lunch and bowls afternoon will occur. A small charge and refreshments will be required. Although the administration building will be closed on this day an emergency crew will be available to attend to any matter which might arise. Legislative Policy and Planning Implications Nil. Budget and Financial Aspects Nil. Attachment Nil.

Recommendation: that Council holds its annual staff picnic day on Friday 25th October 2013, and advertise that the Council Offices will be closed this day.

285/13 RESOLVED on the motion of Crs Schirmer and Douglas that Council holds its annual staff picnic day on Friday 25th October 2013 and advertise that the Council Offices will be closed this day.


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13. LOCKHART SHOW GROUND (ES/P10-010)

Executive Summary The Lockhart Showground & Racecourse Committee has requested Council to donate 33 tonne of road base for the restoration of some roads and trenches at the Lockhart Showground. Background Information The Lockhart Showground & Racecourse Committee is a Section 355 Committee of Council. It maintains the showground and racecourse at Lockhart. The gravel roads have a few potholes and sunken trenches in some places. The committee has requested Council to donate 33 tonne of road base for the repair of the roads and access to the main pavilion. The committee is prepared to spread the road base. Legislative Policy and Planning Implications Nil. Budget and Financial Aspects The cost of the 33 tonnes delivered is $726. This can be funded from the 2013/14 unsealed roads budget. Recommendation: That Council donates 33 tonne (1 truck & dog load) of road base to the Lockhart Showground and Racecourse to repair the roads and access.

286/13 RESOLVED on the motion of Crs Verdon and Morgan that Council donates 33 tonne (1 truck and dog load) of road base to the Lockhart Showground and Racecourse to repair the roads and access.

14. FAIRY LIGHTS - GREEN STREET, LOCKHART (ES/R40-095)

Executive Summary Green Street, Lockhart has strings of fairy lights fixed to the verandahs, with quite a number of lights not working and showing signs of age/wear. Background Information Approximately 16-17 years ago fairy lights were installed to the CBD in Lockhart. This was undertaken and funded by the Lockhart Progress Association at the time. Council has been maintaining the lights, which has been the direction of previous Councils. The lights are now in need of more substantial maintenance. Advice and options has been sourced from Verandah Town Electrical. The three options are: (i) Replacement of existing lights on lower levels of the verandahs with same type of fitting. This

includes replacement of any blown bulbs on the upper level lights. $15,965 (ii) Replacement of all the lights with new LED type including transformers. $35,900 (iii) Replacement of blown globes and carry out repairs to existing fairy light system to make

completely functional. $5,000

A community group has also approached Council as it is interested in assisting with the works as a fund raising mechanism. Legislative Policy and Planning Implications Nil. Budget and Financial Aspects There is no budget allocation for the fairy lights replacement. Options for funding include (i) find funds are a quarterly budget review, or (ii) use reserve funds. Attachment Nil.


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Recommendation: That Council:

(a) Proceeds with Option (iii) above, replacement of blown globes and carry out repairs to existing fairy light system to make completely functional, for $5,000.

(b) Funds are obtained at next quarterly budget review. (c) Pursues further the option of using the community group to undertake the works.

287/13 RESOLVED on the motion of Crs Schirmer and Paterson that decision be deferred to October 2013 Council Meeting.

15. POWER & LIGHTING AT THE AVENUE, THE ROCK (ES/R40-106)

Executive Summary Council at its meeting 19 August resolved for Council to determine scope of works and costing to provide power and lighting at The Avenue, The Rock. Background Information The Director of Engineering has met with Cr’s Paterson & Verdon on site to discuss power and lighting requirements for The Avenue, The Rock. Plan of proposed works is included in attachments. The Director of Engineering is currently sourcing budget quote for the works and will further report to Council once this information comes to hand. Legislative Policy and Planning Implications Nil. Budget and Financial Aspects To be advised once costings have been finalised. Attachment (5) Map of proposed plan of lighting and power to The Avenue, The Rock. Recommendation: For Council’s information.

288/13 RESOLVED on the motion of Crs Verdon and Paterson that Council the information be noted.

16. THE ROCK SUBDIVISION (ES/C80-005)

Executive Summary Council is currently undertaking life style block subdivision in The Rock. Background Information Previous Council resolved to undertake an 11 Lot lifestyle block subdivision in The Rock. The Director of Engineering has engaged a Consultant to undertake detailed cost estimate along with survey and design for the development. The Consultant’s brief is to provide cost estimate and proposed Lot layout to be presented to Council before continuing with design and DA submission. It is expected this information will be at the October 2013 meeting. Legislative Policy and Planning Implications DA application is required to be submitted to Council for the development.


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Budget and Financial Aspects Council budget has allocation of $305,000 for 2013/14. Attachment Nil. Recommendation: For Council’s information.

289/13 RESOLVED on the motion of Crs Driscoll and Paterson that the information be noted.

The meeting broke for dinner at 6.57pm. The meeting recommenced at 7.54pm.

LATE ITEMS

(Additional Reports) NSW GRAIN HARVEST MANAGEMENT SCHEME 2013/14 (DE/R05-005)

Executive Summary Update on the introduction of the NSW Grain Harvest Management Scheme (GHMS) for 2013/14. Background Information In June 2013 Transport NSW brought out a paper for discussion of a proposed scheme to allow trucks to carry up to Concessional Mass Limit (CML) (5% increase in mass of loads carried) from 1 November to 31 January to increase productivity. The original proposal only allowed for semitrailers and B-Doubles to participate. At this time the REROC group of Councils agreed not to support the scheme for a number of reasons. Industry has continued to lobby the State Government and an updated, and more relaxed, scheme was issued in July 2013. The revised scheme is now allowing:

- To run from 31 August to 31 May (increase of 6 months duration each year) - All truck types to carry up to CML (generally a minimum of 0.5t per vehicle), with some truck

configurations up to 2.13t per vehicle more. - No registration with the National Heavy Accreditation Scheme required - Carriers now allowed to skim loads at the receiver sites.

Council staff does not support any scheme which increases the mass of truck on local roads. A truck which is carrying additional 0.5 tonnes does 1.6 times more damage to the road, and a truck carrying additional 2.13 tonnes are 8.4 times more damaging to the road network. This has cost implications to road network not designed to carry this type of heavy haulage. In addition Councils bridges and culvert system are aging and not load tested and staffs are concerned about the capacity of these structures to carry additional weight and the potential liability to Engineering and Council staff in the event of damage or accident. Furthermore there are discussions already occurring that the scheme would next year allow load increase of up to 7.5%. Legislative Policy and Planning Implications The scheme will be implemented through a Ministerial Order.


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Budget and Financial Aspects It is anticipated that the implementation of the scheme could result in additional costs to Council of $1M/year in damage to roads. Recommendation: That Council does not nominate to be included in the Grain Harvest Management Scheme 2013/14. Attachment

(2) Letter from Transport NSW of 11 September 2013 (3) Letter from Transport NSW of 6 August 2013 and brochure dated July 2013 (4) Letter from NSW Farmers Federation dated 9 July 2013 and Fact Sheet dated 8 July 2013

290/13 RESOLVED on the motion of Crs Yates and Verdon that decision be deferred until October 2013 Council meeting to allow time to collate more information on the scheme.

LOCKHART POOL CONTRACTOR (VERBAL REPORT) (DE/S55-005)

Executive Summary Contractor to manage Lockhart Swimming Pool for upcoming season. Background Information Council had one enquiry for the Lockhart Pool Contractor for the upcoming season but did not receive any Expressions of Interest. The Director of Engineering followed up with the person who made the enquiry and this person has since advised she would like to take up the Contract. A meeting is to occur with this person on 1st October 2013 and a report will be brought to Council at the next meeting. Legislative Policy and Planning Implications Nil. Budget and Financial Aspects Council has budgeted for pool operations for 2013/14. Recommendation: That this information be noted.


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Director Environmental Services

17. DEVELOPMENT APPLICATIONS (DES/P25-010)

The following development applications were approved with conditions, from 12 August 2013 to 4 September 2013.

DA No Development Applicant/Owner Site of Development 2/14 New Dwelling Ben & Sarah McKenzie. 6 Rockliff Court, Lockhart 3/14 Shed Pleasant Hills Community Hotel 1 Manson St, Pleasant Hills 5/14 New Dwelling M Bowyer 5086 Albury Road, Lockhart 7/14 New Dwelling Josh Maniscalco 11 Rockliff Court, Lockhart 8/14 Change of use Larry Smith 4486 Albury Rd, Lockhart 9/14 Shed R Lavender 88 Reid St, Lockhart 10/14 Shed L Pollock 10 Cole St, Yerong Creek 11/14 RFS Shed RFS Milbrulong Station St, Milbrulong 13/14 Signage Lockhart A &P Society Lockhart Show Ground


291/13 RESOLVED on the motion of Crs Schirmer and Morgan that the information be noted. 18. REQUEST FOR VARIATION TO BUILDING LINE DA 4/14 (DES/DA4/14)

Executive Summary A written request has been received from Mr Henry Urquhart (the applicant) seeking a variation to the secondary street building line and the rear boundary for the purpose of locating a new single garage on land described as Lot 3 DP 1179737, located at 220 Green Street West, Lockhart. Background Information Development Application DA 4/14 was lodged with Council on 16 July 2013 seeking consent to construct a new colorbond single garage on the above described land. The site contains a recently constructed brick veneer dwelling on the corner of Green Street West and Rockliff Court in the new Green Street West subdivision. The site plan submitted shows the garage positioned at the rear (south) of the block facing Rockliff Court, with the front of the garage abutting the eastern (Rockliff Court) boundary and the building located 500mm from the rear boundary. The applicant was contacted and requested to amend the site plan to achieve the required setbacks in accordance with Council’s Policy 2.19 Building Line Setbacks. The site plan was later resubmitted to Council with no change to the setbacks. The applicant was again requested to amend the plan. As a result an approach was made by the applicant to request that the setback be varied to 1 metre from the side street boundary. The justifications for this are stated to be that the 3 metre setback will not leave enough room for the installation of a clothes line. The letter also refers to the setback of the house being 3 metres from the side boundary and the front setback being 7.6 metres, therefore making the available area left relatively small. In determining this request Council would need to give consideration to the following matters: • Streetscape and visual amenity. The proposed site for the garage faces Rockliff Court, which is the main entry into the Green Street West subdivision and therefore will be relatively prominent to people using the road;


_________________________ CHAIRPERSON


• Vehicles parking on nature strip With a 1 metre setback to the front of the garage it will mean that vehicles parked in front may extend up to 6 metres or so into the road (across nature strip). Even with a 3 metre setback there is a likelihood that vehicles may be parked across the nature strip. The 3 metre secondary street setback requirement is not necessarily designed to cater for vehicle entrances but rather just to locate whole buildings a suitable distance back from the boundary to enhance visual amenity; and • Precedents With regard to the Green Street West subdivision there appears to be four allotments where the same situation could arise with one of these lots also being at the start of Rockliff Court at the entry into the subdivision. With regard to previous similar situations there does appear to be a number of garages around the Lockhart town area that are constructed within 1 metre of the side boundary alignment and therefore a precedent for this type of variation has been set. Legislative Policy and Planning Implications The Environmental Planning and Assessment Act 1979, sets out certain criteria for the consideration of a development application under Section 79C. With regard to this request the matters for consideration of relevance are: (i) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality (ii) the suitability of the site for the development The likely impacts are as stated above, in that if you have vehicles parked across the nature strip then pedestrians are forced onto the carriageway. Rockliff Court is a narrower carriageway than the cross streets in the older areas of the town. The proposed garage may detract from the aesthetics of the entrance into the subdivision, however the adjacent property is surrounded by an 1800mm high colorbond fence and it is assumed that the subject property will have a similar fence structure along the Rockliff Court boundary. A photograph of the site is attached. The variation at the rear boundary is considered to be reasonable under the circumstances of the available yard area being relatively small. The proposed building location requires a variation to Council’s Policy 2.19 Building Line Setbacks. Budget and Financial Aspects Nil. Attachment (6) • Letter of request from applicant • Site plan • Photograph of proposed site Recommendation: That Council consider the report requesting a building line setback variation on Lot 3 DP 1179737, 220 Green Street West, Lockhart and that DA 4/14 be approved subject to standard conditions of consent and conditions that the garage be set back 1 metre from the Rockliff Court boundary and that the applicant installs an 1800mm high colorbond fence on that alignment in accordance with Council’s Policy 2.38 Fences to Residential Properties. Councillor Morgan left the meeting.


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292/13 RESOLVED on the motion of Crs Schirmer and Douglas that Council consider the report requesting a building line setback variation on Lot 3 DP 1179737, 220 Green Street West, Lockhart and that DA 4/14 be approved subject to standard conditions of consent and conditions that the garage be set back 1 metre from the Rockliff Court boundary and that the applicant installs an 1800mm high colorbond fence on that alignment in accordance with Council’s Policy 2.38 Fences to Residential Properties.

Voting was unanimous. Councillor Morgan returned to the meeting.

19. DEVELOPMENT APPLICATION DA 14/13 – INFORMATION BAY AND SIGNAGE(DES/DA14/13)

Executive Summary At its Ordinary Monthly Meeting of 24 September 2012, Council considered an application by the Lockhart Progress Association for the installation of a walk through signage bay to be located at the entrance of the Hospital Triangle walking track. The applicants also at that time requested a donation from Council of $110 being the amount paid for the development application. Background Information The report to Council at that time addressed the planning considerations and confirmed that the proposed development was a permissible use, however based on the plans submitted Council resolved that “Council defer this matter for further information on the design and material to be used in the construction of this proposed information bay”. Since that time there have been a series of attempts by the applicants to prepare some plans and decide on a final design for the structure. It was originally intended that the work would be utilising second hand/recycled materials and the construction would be carried out by volunteers. At this time the applicants have chosen to go with a professionally built structure that will be prefabricated by a local tradesperson and delivered to the site. This structure will be made from new galvanised steel framing and will be clad with good quality second hand corrugated sheet steel to the roof and top half of side walls. It is considered that this cladding would be in keeping with the heritage theme of the display area. Signage would be displayed on the internal faces of the side walls and would consist of individual sign boards of approximately 600mm x 600mm. These signs will be made by a professional sign company. Legislative Policy and Planning Implications The development application is assessed under the provisions of the Environmental Planning and Assessment Act 1979. As detailed in the original report the development would be subject to conditions relating to maintenance of the structure in a sound and tidy state. Council has an adopted policy (2.36 Refund of Fees to Community Organisations) that provides for the making of a donation to community organisations of an amount equivalent to that paid for the purpose of lodging development applications on behalf of community organisations. Budget and Financial Aspects There are no specific issues in relation to the development, which will be carried out at full cost to the applicants. The donation would be covered within Council’s contributions allocations under Section 356 of the Local Government Act 1993.


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Attachment (7) • Copy of structure specification from MWS Fabrication • Copy plan of structure • Copy of proposed sign boards • Copy of Council report and resolution from 24 September 2012 Recommendation: (a) That Council grant consent for the installation of a walk thru information bay and signage at the

Hospital Triangle subject to conditions that the structures are maintained in a sound and tidy state by the applicant; and

(b) That Council make a donation of $110 to the Lockhart Progress Association in recognition of their

efforts to promote the Lockhart area.

293/13 RESOLVED on the motion of Crs Verdon and Day that subject to the structure being maintained satisfactorily:

a) Council grant consent for the installation of a walk-thru information bay and signage at the Hospital Triangle, subject to conditions that the structures are maintained in a sound and tidy state by the applicant or it is to be removed; and

b) That the Council make a donation of $110 to the Lockhart Progress Association in recognition of their efforts to promote the Lockhart area.

Voting was unanimous.

20. LOCAL COUNCIL AND PUBLIC HEALTH PARTNERSHIP (DES/H10-005)

Executive Summary This report is to inform Council of a new initiative being undertaken by the Public Health Unit of the Murrumbidgee and Southern NSW Local Health Districts in order to create a more unified approach to undertaking the responsibilities for public health as defined in the recent changes to the Public Health Act and Public Health Regulation. Background Information The Public Health Act 2010 and the Public Health Regulation 2012 took effect from 1 September 2012. The amended legislation has identified areas of responsibility for local councils being primarily in relation to public swimming pools and spa pools, regulated systems (water cooling systems potentially associated with Legionella) and premises on which skin penetration procedures are carried out and while most of these issues have been undertaken by local councils in the past, the new Act has more clearly defined the responsibilities of councils. The new Act also contains provisions for the serving of Improvement Notices and Prohibition Orders and while these are not mandated they provide a mechanism for local government to bring about compliance with the Act and Regulations. In the context of Lockhart Shire the new Act and Regulation will not create any significant additional workload due to the fact that most of the activities described for regulation do not exist within the Lockhart LGA, with the exception of skin penetration premises (this may relate to premises that carry out ear piercing and /or waxing) and the possibility of regulating water carters if providing potable water supplies. The Public Health Unit has developed a schedule of agreed tasks that would form the basis of the Local Council and Public Health Partnership, along with a Partnership Endorsement document. A copy of the schedule and Partnership Endorsement is attached.


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It is proposed that following an introductory meeting from the Environmental Health Officer that is responsible for this area that a partnership agreement is signed by the General Manager and the Director of the Public Health Unit for the Murrumbidgee and Southern NSW Local Health Districts. It is important to note that the Council will not be under any compulsion to enter into any agreements and the agreement itself would only be of local standing and not carry any specific legal weight if a council opted to not take part in the partnership, however it is considered to be a useful initiative as it does promote a better working relationship between the Council and the Public Health Unit and provides better access to the Public Health Unit resources. Legislative Policy and Planning Implications Local councils do have responsibilities under the Public Health Act 2010 Budget and Financial Implications There is not likely to be any change in budget implications. Any activities required to be undertaken by Council would be done within normal operational budgets. Attachment (8)

• Copy of draft partnership endorsement • Table of agreed activities.

Recommendation: That Council note the information provided regarding the Local Council and Public Health Partnership and that Council authorise the General Manager to sign a Partnership Endorsement following consultation with the Public Health Unit Environmental Health Officer.

294/13 RESOLVED on the motion of Crs Paterson and Morgan that Council note the information provided regarding the Local Council and Public Health Partnership and that Council authorise the General Manager to sign a Partnership Endorsement following consultation with the Public Health Unit Environmental Health Officer.

21. REQUEST FOR DONATION – LOCKHART SHOW SOCIETY (DES/P10-010)

Executive Summary A request has been received from the Lockhart Show Society for a donation of $110, representing the amount paid by the Show Society for a development application fee to install a new identification sign at the front of the Showground entry gates. Background Information The Lockhart Show Society lodged an application to install a new identification sign in the grass area at the front of the Showground entrance gates. The application was approved under delegated authority on 29 August 2013. The sign has been professionally made and measures 1500mm wide by 750mm high. It will be mounted on pine posts 1800 above ground level. The sign consists of the words “LOCKHART SHOW GROUND & PIONEER GATES. Installation of the sign will be at the instruction of Council’s Director of Engineering with regard to its exact location. Legislative Policy and Planning Implications Council has an adopted policy (2.36 Refund of Fees to Community Organisations) that provides for the making of a donation to community organisations of an amount equivalent to that paid for the purpose of lodging development applications on behalf of community organisations.


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Budget and Financial Aspects This type of donation would be covered within Council’s contributions allocations under Section 356 of the Local Government Act 1993. The purchase and installation of the sign is at the full cost of the Show Society. Attachment (9) Letter of request from the Lockhart Show Society Recommendation: That Council make a donation of $110 to the Lockhart Show Society in recognition of their efforts in promoting the Lockhart Show and Showground.

295/13 RESOLVED on the motion of Crs Paterson and Douglas that Council make a donation of $110 to the

Lockhart Show Society in recognition of their efforts in promoting the Lockhart Show and Showground.

DELEGATES’ REPORTS 1. RIVERINA WATER COUNTY COUNCIL (W10-005)

I attended Council meeting on 28 August 2013. Key points from meeting were:

1. Receipt of Audit and Risk Annual Report.

2. Review of quarterly reports and unspent Capital Works which were transferred to current financial year.

3. Update of Enterprise Award negations and setting of productivity improvements.

4. Short listing of Contractors for Design, Development and Commissioning of New Water Treatment Plant.

5. Council to adopt common Property Identifier Number.

6. GM gave update on enterprise negotiations with staff.

7. RWCC to enter into MOU with Goldenfield Water for provision of services.

8. Attended Water Conference at Terrigal as part of RWCC.

9. Resignation of Director of Engineering.

Cr Greg Verdon

Recommendation: That the Delegates Report be received and the information therein be noted.

296/13 RESOLVED on the motion of Crs Schirmer and Driscoll that the Delegates Report be received and the information therein be noted.


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2. RIVERINA REGIONAL TOURISM MEETING (T25-010) I attended the Riverina Regional Tourism meeting.with the General Manager and Tourism/Economic Development Officer.

1. Riverina Tourism - new constitution adopted.

2. Destination Management Organisations - DMO Ursula a member for our region. Currently LSC pays $3000 annually. Engage industry to help increase funding.

3. Andrew Sargant Director of Regional Events and Mandy, Regional Programs and Services (manages the funded programs) Destination NSW.

4. Funding program - launched in May. Round 1 completed. Doubling overnight expenditure. 7 key imperative stands - need to benefit the wider region.

5. Round 2 hasn't been announced - 90% of application not approved. Did not meet the outcomes. Needed more collaboration. Analysis has to be put into successful applications.

6. AGM - RTI - 25th October to 13th December, 2013. Gundagai

Cr Gail Driscoll Recommendation: That the Deletages Report be received and the information therein be noted.

297/13 RESOLVED on the motion of Crs Driscoll and Paterson that the Delegates Report be received and the information therein be noted.

CORRESPONDENCE

1. COOLAMON SHIRE COUNCIL (I10-005)

Correspondence has been received from Coolamon Shire regarding the resignation of Mr Terrey Kiss from the Board of Statewide Insurance.

2. ADRIAN PICCOLI, MP (I06-005) Correspondence has been received from Mr Adrian Piccoli regarding Council’s submission to the Independent Local Government Review Panel confirming the policy of the NSW Government of no forced amalgamations.

3. THE ROCK MENS SHED (C45-005)

A letter has been received expressing their thanks and appreciation for Council’s generosity in assisting with the purchase of land for the men’s shed.

Recommendation: That the Précis of Correspondence be received.

298/13 RESOLVED on the motion of Crs Verdon and Douglas

a) that the Precis of Correspondence be received and noted

b) that, on request from Cr Douglas and Verdon that the correspondence letters pertaining to current issues be included in the Business Papers going forward


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https://staffowa.det.nsw.edu.au/owa/UrlBlockedError.aspx


QUESTIONS AND STATEMENTS

Cr Schirmer Magnolia Lodge Bond As one resident at Magnolia Lodge has paid the $30,000 bond for her unit and the entry requirement has now been altered to a figure of $5,000, should that one resident be reimbursed some or all of her bond back to the $5,000 entry fee to insure uniformity of costs for all residents? Response – General Manager Detailed report to come back to October 2013 Council meeting for decision. Cr Driscoll The Rock Recreation Ground Thank you to the Director of Engineering and his staff on the preparation of The Rock Recreation Ground for the recent Farrer League final. It has been an aim of The Rock Recreation Ground Management Committee for many years that the facility would be utilised in such a way. The presentation of the ground will ensure that this will happen again in the future. Response – Director of Engineering Thank you acknowledged. Tourism/Economic Development Officer Advertisement Queried clarity of the wording of the advertisement for the position. Response – Director of Corporate Services Wording of advertisement will be looked at/amended if advertisement is run again. Cr Morgan Question It has been brought to my attention that the RMS has discontinued its visits to Lockhart for driver licence testing. Could enquiries be made by you if this is the case and for what reason?

Response – Director of Engineering The Director of Engineering will investigate and advise. NBN Tower The article in the Eastern Riverina Chronicle stating that the NBN tower is to be built at the Lockhart Showground needs to be corrected to indicate that the tower will be erected at the Lockhart Recreation Ground.

Response – General Manager Mistake in the newspaper will be corrected.


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Cr Douglas Old Country Energy Building What is happening at the old Country Energy building in Lockhart? Response – Director of Environmental Services The Director of Environmental Services advised that Community Health had submitted a DA for refurbishment of the building and this was currently being assessed. Cr Verdon Urana St Road Crossing Restoration and Miscellaneous Drainage Works around The Rock Response: Director of Engineering The Director of Engineering advised that these works are on the programme to occur shortly, once areas are dry enough to work in. Cr Yates Memorial Plaques in CWA Park Cr Yates requested a report be brought back to next Council meeting regarding establishing a memorial plaque in CWA Park to recognise Bill Peach and possibly other well-known local identities. Response – Director of Engineering A report will be provided at the October 2013 Council meeting.

CLOSED SESSION

299/13 RESOLVED on the motion of Crs Douglas and Morgan that Council close the meeting to the public as per section 10(A)(2)(a) of the Local Government Act 1993.

The meeting moved into Closed Session at 9.17pm.

300/13 RESOLVED on the motion of Crs Schirmer and Douglas that Council move to Open Council. The meeting moved into Open Session at 10.24pm.


_________________________ CHAIRPERSON


OPEN COUNCIL

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the Mayor.

1. GREEN STREET WEST AND BOND STREET LOCKHART RESIDENTIAL SUB-DIVISION

DEVELOPMENT (DCS/C80-005) 301/13 RESOLVED on the motion of Crs Douglas and Morgan that:

a) A sub-committee comprising the Mayor, Deputy Mayor, Tourism/Economic Development Officer and General Manager be authorised to consider the proposed strategies outlined in the report and any others identified, and submit recommendations to the October 2013 Council meeting

b) Cr Verdon be included in the sub-committee

c) Council engage valuers to determine market valuation of Bond Street and Green Street West and appropriate marketing strategies.

2. GENERAL MANAGER – PERFORMANCE REVIEW REQUIREMENTS (GM/S73) 302/13 RESOLVED on the motion of Crs Verdon and Driscoll that the general terms in relation to the General

Manager’s performance assessment be that:

1. The format for performance review documents be that of the documents used in past times.

2. The composition of the Review Panel be a Closed Committee of the Whole Council.

3. The need for an external facilitator is not required.

4. The Review time cycle be in February and August of each year.

5. The strategic/special projects to be completed in the first Review cycle be deferred for detailed discussion at the October 2013 Council meeting.

The meeting concluded at 10.25pm. Confirmed Chairman of the Ordinary Meeting of Lockhart Shire Council held Monday 21 October 2013 at which meeting the signature was subscribed hereto.

CHAIRMAN


_________________________ CHAIRPERSON

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