ordinary council meeting - leeton shire...2017/07/26  · that the minutes of the ordinary council...

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Council Chambers LEETON 2705 Date: 21 July 2017 ORDINARY COUNCIL MEETING 26 JULY 2017 PLEASE TAKE NOTICE that an ORDINARY COUNCIL MEETING will be held in the Council Chambers on Wednesday 26 July 2017 at 7.00PM and your attendance is requested thereat. Jackie Kruger General Manager

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Page 1: ORDINARY COUNCIL MEETING - Leeton Shire...2017/07/26  · THAT the Minutes of the Ordinary Council Meeting held on Wednesday, June 28 2017, as circulated, be taken as read and CONFIRMED

Council Chambers LEETON 2705

Date: 21 July 2017

ORDINARY COUNCIL MEETING

26 JULY 2017

PLEASE TAKE NOTICE that an

ORDINARY COUNCIL MEETING will

be held in the Council Chambers on

Wednesday 26 July 2017 at 7.00PM

and your attendance is requested

thereat.

Jackie Kruger

General Manager

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LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 26 July 2017

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LEETON SHIRE COUNCIL

AGENDA

ORDINARY COUNCIL MEETING

26 July, 2017

7.00PM

______________________________________________________________ 1. CIVIC PRAYER 2. ACKNOWLEDGEMENT OF COUNTRY 3. APOLOGIES 4. CONFIRMATION OF THE MINUTES

RECOMMENDATION

THAT the Minutes of the Ordinary Council Meeting held on Wednesday, June 28 2017, as circulated, be taken as read and CONFIRMED.

5. DECLARATION OF INTEREST

6. MAYORAL MINUTES (If any) 7. NOTICES OF MOTION (If any) 8. OFFICERS’ REPORTS

CORPORATE AND COMMUNITY MATTERS

8.1 LEETON GOLF CLUB 2016/17 YEAR END REPORT ...................... 4

8.2 INVESTMENTS - JUNE 2017 ............................................................ 8

8.3 NEW INTAKE STUDENT DOCTOR PROGRAM ............................. 15

ENVIRONMENT AND ENGINEERING MATTERS

8.4 AMENDMENT TO LEETON LOCAL ENVIRONMENTAL PLAN 201417

8.5 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032 ............ 20

8.6 CONTAINER DEPOSIT SCHEME .................................................. 52

8.7 LEETON RECYCLING CENTRE - TRANSPORT REBATE ............ 55

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9. STATEMENTS BY COUNCILLORS .............................................. 67 10. CLOSED COUNCIL – CONFIDENTIAL ITEMS

PUBLIC REPRESENTATION If any member of the public wishes to formerly address the Council in relation to a matter in this agenda they are to register to speak for a maximum of five (5) minutes by Tuesday 12 noon preceding the meeting. Contact Regina Butler – 6953 0938

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ETHICAL DECISION MAKING

AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES ETHICAL DECISION MAKING

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Could your possible conflict of interest lead to private gain or loss at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny? CONFLICT OF INTEREST

A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Division of Local Government and, Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Division of Local Government (advice only).

THE TEST FOR CONFLICT OF INTEREST

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest IDENTIFYING PROBLEMS

1st Do I have private interest affected by a matter I am officially involved in? 2nd Is my official role one of influence or perceived influence over the matter? 3rd Do my private interest conflict with my official role?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

AGENCY ADVICE

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes.

Contact Phone Email Website

Leeton Shire Council 6953 0911 [email protected] www.leeton.nsw.gov.au

ICAC 8281 5999 [email protected] www.icac.nsw.gov.au Toll Free 1800 463 909

Division of Local Government 4428 4100 [email protected] www.dlg.nsw.gov.au

NSW Ombudsman 8286 1000 Toll Free

1800 451 524 [email protected] www.ombo.nsw.gov.au

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CORPORATE AND COMMUNITY MATTERS

ITEM 8.1 LEETON GOLF CLUB 2016/17 YEAR END REPORT

RECORD NUMBER 17/107

RELATED FILE NUMBER EF11/210

AUTHOR Director Corporate and Community

SUMMARY Council at its Ordinary Meeting on 22 March 2017 agreed to extend the management and responsibility for the operation of the Leeton Golf Club for a further four year period from 1 July 2017 to 30 June 2021. This report provides a year end summary for the period 1 July 2016 to 30 June 2017. BACKGROUND/COMMENT The following table provides the membership numbers for the Golf Club for the past two financial years. Membership Numbers

ACTUAL ACTUAL

2016/17 2015/16

Full Members 191 206

Sporting and Junior Members 84 80

TOTAL MEMBERS 275 286

The area experienced a particularly wet winter in 2016. This rendered the course unplayable and affected the numbers of rounds played during the July 2016 to September 2016 period. The wet weather period has estimated to have cost the club approximately 2,000 rounds. 2016/17 Events Summary A summary of events undertaken during the year include: a) August 2016 – Men’s Riverina Golf Association Championship

(approximately 100 players). This event is held at different courses each year. Leeton will host the Women’s Championship in October 2018.

b) October 2016 – Veteran’s Golf Week (> 100 players). Four day event that

is held annually.

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c) November 2016 – Multiple Sclerosis Charity Golf Day (approximately 140

players). d) Summer 2016/17 – Twilight Golf (35 teams of 8 players), key item each

year. The number of teams was the same as prior years, noting that more teams makes it difficult to run.

e) March 2017 – Leeton SunRice Pro-Am (200 players Saturday and Sunday

plus approximately 70 players on Corporate Day Friday). f) April 2017 – Big Hole Charity Golf Day held for Kurrajong Waratah

(approximately 120 players). g) June 2017 – Friends of Luro and St Vincent De Paul Charity Golf Day (87

players). Other Items a) Volunteer hours remaining constant at approximately 40 hours per week. b) Club Pro sales of merchandise and equipment (non-Council item) are

reported as steady. c) Grant application with Crown Lands Management for the proposed course

watering system is still pending. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area THEME 2 - “AN ACTIVE AND ENRICHED COMMUNITY within Council’s adopted Delivery Program/Operational Plan - 6a is to “Offer access to a range of quality sporting facilities – Provide a golf course in Leeton – Report on activity at the Leeton Golf Course and participation numbers”. FINANCIAL IMPLICATIONS Attached to this report is a statement of income and expenses for the period 1 July 2016 to 30 June 2017. Council budgeted a loss of $150,000 in the 2016/2017 financial year from operating the Leeton Golf Course. The actual loss on operating the Leeton Golf Course in the 2016/2017 financial year is $97,047. This is much lower than the loss of $143,583 from the 2015/2016 financial year. Income remained steady at $244,680 compared to $253,700 for the 2015/2016 financial year.

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Expenditure was significantly down in the 2016/2017 financial year. The total expenditure was $341,727 compared to expenditure of $397,282 in the 2015/2016 financial year. The main reasons for the significant reduction in expenditure ($55,555) were:

ACTUAL ACTUAL SAVINGS

2016/17 2015/16

$ $ $

Fairway Maintenance 29,569 36,881 (7,312)

Greens Maintenance 57,008 67,814 (10,806)

Grounds Maintenance 18,331 27,841 (9,510)

Rough Maintenance 35,645 41,171 (5,526)

Tees Maintenance 12,284 19,845 (7,561)

Watering 23,325 34,996 (11,671)

Watering System Repairs 13,851 20,437 (6,586)

TOTALS 190,013 248,985 (58,972)

POLICY/LEGAL IMPLICATIONS Nil COMMUNITY ENGAGEMENT Golf Course Sub Committee and Golf Course Professional.

RECOMMENDATION

THAT Council notes the 2016/2017 year-end report on the activities of the Leeton Golf Club.

ATTACHMENTS

1⇩ Leeton Golf Club Income and Expense Statement 1 July 2016 to 30 June 2017

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Ordinary Council Meeting - Wednesday, 26 July 2017 LEETON GOLF CLUB 2016/17 YEAR END REPORT

Attachment 1 - Leeton Golf Club Income and Expense Statement 1 July 2016 to 30 June 2017

Page 7

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ITEM 8.2 INVESTMENTS - JUNE 2017

RECORD NUMBER 17/111

RELATED FILE NUMBER EF10/137

AUTHOR Manager Finance Finance and Customer Service

Coordinator

SUMMARY The purpose of this report is to inform Council of the funds that have been invested on Council’s behalf. BACKGROUND/COMMENT This report is to be prepared and presented to the Council meeting under Clause 212 of the Local Government (General) Regulation 2005. Attached is a report for investments in the name of Leeton Shire Council (LSC) for the month of June 2017.

LSC has $20,693,935 (55% of total investment portfolio) invested with local branches of banks and credit unions in Leeton, with a total current investment portfolio of $37,693,935 invested in Approved Deposit Institutions that are regulated by the Australian Prudential Regulatory Authority (APRA).

The following is the monthly movements of the investments:

Opening balance

$33,993,076

Less:

Maturities (2) $1,600,000

Subtotal

$32,393,076

Plus:

New investments (5) $5,000,000

Rollovers (0) -

Business Online Saver (BOS) movements

$300,859

-

Closing balance

$37,693,935

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The new investments consist of five new term deposits. Two term deposits utilised funds from investment maturities, while the remaining three were new funds. The prepayment of the 2017/2018 Financial Assistance Grant (FAG) gave Council extra funds to invest ($1.98m). The following is a dissection of the investments –

Total Investments $37,693,935

Less restrictions

Water Supply (External) $11,125,916

Sewerage Services (External) $6,843,938

Other external restrictions $4,470,651

Internal restrictions $14,036,370

Total restrictions $36,476,875

Net unrestricted investments $1,217,060

The restricted amounts may be subject to change pending finalisation of the Financial Statements for the year ended 30 June 2017. External Restrictions can only be used for the purpose for which they were raised. These include water, sewer, domestic waste operations and unexpended specific purpose grants. Internal restrictions are funds set aside by Council resolution usually through adoption of the budget or the quarterly budget review process. Internal restrictions can be set aside to fund specific items such as plant replacement, infrastructure renewal, unplanned building renewal or liabilities such as Employee Leave Entitlements (ELE). Unrestricted cash is used to provide working capital for Council to fund short term operations and fluctuations in payables and receivables. The level of unrestricted cash can vary contingent upon the level of outstanding creditors and debtors at month end. The cash rate remained at 1.50% this month, as was widely expected, in line with the RBA’s strategy of keeping the cash rate at an ‘accommodative’ level. Collectively the economic picture is one of a slowly recovering Australian economy, despite concerns over household debt levels and house prices. Council had an average yield on their investments of 2.89% for June, down 4 basis points from May which was 2.93%. The margin on Term Deposits has continued to narrow during the month with reinvestment rates being offered of 20 to 30 bps (basis points) below the maturing rate. This trend is expected to continue.

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Lehman Brothers Legal Disputes

PPB, the liquidator of Lehman Brothers Australia (LBA), has recently indicated the next dividend payment could be around 3 months away. Regardless of the precise timing of the Federation issue, the LBA bankruptcy is unlikely to be finalised until February 2019 and there is likely no pressure on PPB to deal with the Federation issue before this time anyway. In total the best estimate at this stage is investors should expect to receive an additional 7.5c/$ on their admitted claims against the LBA estate. Amicus Advisory Pty Ltd have provided their comprehensive monthly report for June 2017 however due to its confidential nature it is only available for Councillors to read in the Council office. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area THEME 6 “STRONG LEADERSHIP” within Council’s adopted Delivery/Operational Plan 20a is to “Ensure the aspirations of the community are delivered – Operate an efficient and effective Local Government Administration – Report on non-compliance with relevant legislation, regulation and funding body requirements and remedial action”. FINANCIAL IMPLICATIONS Council’s actual investment income for the 2016/17 Financial Year was $1,063,000 compared to a revised budget of $725,000. POLICY/LEGAL IMPLICATIONS All funds are invested in accordance with Section 625 of the Local Government Act 1993, the Ministerial Investment Order and Leeton Shire Council’s Investment Policy. COMMUNITY ENGAGEMENT Nil

RECOMMENDATION

THAT the information contained in this report on Investments for June 2017 be noted.

ATTACHMENTS

1⇩ Statement of Bank Reconciliation as at 30 June 2017 2⇩ Summary of Term Investments as at 30 June 2017

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Ordinary Council Meeting - Wednesday, 26 July 2017 INVESTMENTS - JUNE 2017

Attachment 1 - Statement of Bank Reconciliation as at 30 June 2017 Page 11

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Ordinary Council Meeting - Wednesday, 26 July 2017 INVESTMENTS - JUNE 2017

Attachment 2 - Summary of Term Investments as at 30 June 2017 Page 12

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Ordinary Council Meeting - Wednesday, 26 July 2017 INVESTMENTS - JUNE 2017

Attachment 2 - Summary of Term Investments as at 30 June 2017 Page 13

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Ordinary Council Meeting - Wednesday, 26 July 2017 INVESTMENTS - JUNE 2017

Attachment 2 - Summary of Term Investments as at 30 June 2017 Page 14

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ITEM 8.3 NEW INTAKE STUDENT DOCTOR PROGRAM

RECORD NUMBER 17/113

RELATED FILE NUMBER EF10/130

AUTHOR Manager Library, Culture and Community

SUMMARY Council welcomes two student doctors from the University of Wollongong who have commenced a year long placement in Leeton and the wider Riverina. They are Madeleine Kelly and Yelise Foon. BACKGROUND/COMMENT Council has been involved with the Student Doctor program for a number of years. This program is facilitated by the University of Wollongong through an arrangement with Murrumbidgee Primary Health Network. The program is an important avenue to encourage those pursuing medical qualifications to consider career possibilities in rural areas through undertaking supervised work in a rural area. Feedback received from past students has been favourable, with student doctors appreciative of the opportunity to experience life in the Riverina. Council provides housing at 3 Brobenah Road and 37 Daalbata Road primarily for the purpose of accommodating student doctors. The properties are leased by University of Wollongong at a subsidised rate with the students being directly responsible for utility costs. Current leases with the University are in place until 30 June 2018. The two current students Madeleine Kelly and Yelise Foon will be in Leeton for approximately 12 months. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area THEME 1 – “A HEALTHY AND CARING COMMUNITY” – within Council’s adopted Delivery Program/Operational Plan – 1b is to “Ensure the availability of appropriate health and social services – Support programs that enhance opportunities to increase doctor numbers in Leeton Shire – Report on the number of student doctors placed in Leeton Shire through the Student Doctor and Bush Bursary programs”.

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FINANCIAL IMPLICATIONS Subsidised rental ($100 per week) is provided under a lease arrangement from Leeton Shire to the University of Wollongong for both properties (3 Brobenah Road and 37 Daalbatta Road). POLICY/LEGAL IMPLICATIONS Nil COMMUNITY ENGAGEMENT Nil

RECOMMENDATION

THAT Council suspends standing orders to welcome the two current Student Doctors working in Leeton Shire.

ATTACHMENTS

There are no attachments for this report.

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ENVIRONMENT AND ENGINEERING MATTERS

ITEM 8.4 AMENDMENT TO LEETON LOCAL ENVIRONMENTAL PLAN 2014

RECORD NUMBER 17/109

RELATED FILE NUMBER EF10/431

AUTHOR Manager Planning, Building and Health

SUMMARY Currently the Leeton Local Environmental Plan (LEP) 2014 prohibits residential accommodation within the Zone B3 Commercial Core except for shop top housing. This report discusses a proposed amendment to the LEP that will alter the land use table to permit residential accommodation with Council consent. BACKGROUND/COMMENT The Leeton LEP defines three types of development under each zone; those developments that are permitted without Council consent, those that are permitted with Council consent and those that are prohibited. All types of residential accommodation, except for shop top housing, are prohibited within the Zone B3 Commercial Core, which covers the Central Business District (CBD) retail precinct. Residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following: (a) attached dwellings (b) boarding houses (c) dual occupancies (d) dwelling houses (e) group homes (f) hostels (g) multi dwelling housing (h) residential flat buildings (i) rural workers’ dwellings (j) secondary dwellings (k) semi-detached dwellings (l) seniors housing (m) shop top housing

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The recently completed CBD Enhancement Project initiated discussion on the potential to permit suitable residential accommodation within the Zone B3 Commercial Core zone in order to potentially reactivate parts of the CBD, such as Dooley Lane (between Pine Avenue and Sycamore Street carpark), the corner of Chelmsford Place and Sycamore Street and the previous Hydro Tavern site. To permit residential accommodation in the Zone B3 Commercial Core Council could, on the advice of Department of Planning & Environment (DPE), undertake a “housekeeping amendment” to the Leeton LEP and remove the term residential accommodation as a prohibited use so it then defaults to the list of development permitted with Council consent. Council is advised that should Council resolve to amend the LEP to permit residential accommodation in the Zone B3 Commercial Core, all developments will still be assessed on their merits in accordance with Council’s policies. Under the LEP the current objectives of the Zone B3 Commercial Core are: a) to provide a wide range of retail, business, office, entertainment,

community and other suitable land uses that serve the needs of the local and wider community;

b) to encourage appropriate employment opportunities in accessible

locations; c) to maximise public transport patronage and encourage walking and

cycling. To further clarify the assessment and approval of residential accommodation with commercial areas, it is advised that a number of other Councils also include in their objectives for commercial zones the following provision: a) to enable development of land in this zone for residential purposes if

adequate amenity will be provided for residents of residential buildings and the land will not be required for commercial or retail use.

RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area THEME 1 - “A HEALTH & CARING COMMUNITY” within Council’s adopted Delivery/Operational Plan - 5b is to “Expand the range of residential opportunities across the Shire” – Consider introduction of mixed zone (commercial and residential) in Leeton CBD – Report on progress. FINANCIAL IMPLICATIONS Nil. Subject to confirmation of the detailed process with the DPE it is proposed that the amendment to the LEP would be undertaken internally by Council staff.

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POLICY/LEGAL IMPLICATIONS To permit residential accommodation within the Zone B3 Commercial Core Council will be required to amend the LEP, which is a legal document, following approval of Department of Planning & Environment. COMMUNITY ENGAGEMENT During the Leeton CBD Enhancement project widespread community consultation was undertaken. As part of the planning process to amend the LEP, further community consultation will need to be undertaken on this specific issue.

RECOMMENDATION

THAT Council resolves to: 1. Amend the Land Use Table applying to the Zone B3 Commercial Core

under the Leeton Local Environmental Plan 2014 by removing from the list of Prohibited land uses “Residential accommodation”.

2. Amend the Objectives of the Zone applying to the Zone B3 Commercial

Core under the Leeton Local Environmental Plan 2014 to include the following objective:

a) To enable development of land in this zone for residential purposes if

adequate amenity will be provided for residents of residential buildings and the land will not be required for commercial or retail use.

3. Prepare a Planning Proposal and submit it to the Department of Planning

& Environment for a gateway determination.

4. Request the Department of Planning & Environment to permit Council to exercise its delegations in relation to this matter.

5. Authorise the Mayor and General Manager to sign all necessary

documents in relation to the application.

ATTACHMENTS

There are no attachments for this report.

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ITEM 8.5 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032

RECORD NUMBER 17/108

RELATED FILE NUMBER EF10/386

AUTHOR Manager Open Space and Recreation

SUMMARY The purpose of this report is to present to Council the Draft Playground Strategy 2017-2032. The Strategy will be placed on public exhibition for a minimum period of twenty-eight (28) days. BACKGROUND/COMMENT The Draft Playground Strategy 2017-2032 was prepared following the conclusion of the previous Playground Upgrade Plan 2007-2015. The Draft Playground Strategy has been developed to guide all aspects of Council’s playground management focusing on the key areas of: a) community expectations and access; b) diverse, innovative, fun and safe playgrounds; c) best practice asset management; d) financial sustainability of the playground network. The Strategy categorises the playground network into a hierarchy system specifying the level of service, equipment type and supporting infrastructure provided at each park based on its category. The proposed Strategy clearly sets out how Council will manage its playground network for the next 15 years and includes an action plan specifying what will be done at each playground and in what year. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area THEME 5 - “A QUALITY BUILT ENVIRONMENT” within Council’s adopted Delivery Program/Operational Plan – 17a is to “Provide open spaces for active and passive leisure” – Develop a Parks and Playgrounds Asset Management Plan – Report on activity and progress, commencing with development of Playground Strategy. FINANCIAL IMPLICATIONS There are no immediate financial implications as there is $44,000 provided in the current Operational Plan none of which has been spent. The remainder of the Strategy once adopted may require a budget adjustment in future years to support the delivery of the Strategy.

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POLICY/LEGAL IMPLICATIONS Nil COMMUNITY ENGAGEMENT Extensive community consultation has been previously undertaken regarding Council’s Parks and Playgrounds via Council’s “Have Your Say” site which has been considered in the development of this draft strategy. The Draft Strategy will be placed on public exhibition for a minimum period of twenty-eight (28) days for further comment.

RECOMMENDATION

THAT Council resolves to: 1. Place the draft “Playground Strategy 2017-2032” on public exhibition for no less than twenty-eight (28) days seeking public comment. 2. Require a further report be presented to Council following the twenty- eight (28) day exhibition period for Council to consider public submissions prior to the adoption of the “Playground Strategy 2017- 2032”.

ATTACHMENTS

1⇩ Draft Playground Strategy Report 2017/2032

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Ordinary Council Meeting - Wednesday, 26 July 2017 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032

Attachment 1 - Draft Playground Strategy Report 2017/2032 Page 22

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Ordinary Council Meeting - Wednesday, 26 July 2017 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032

Attachment 1 - Draft Playground Strategy Report 2017/2032 Page 23

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Ordinary Council Meeting - Wednesday, 26 July 2017 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032

Attachment 1 - Draft Playground Strategy Report 2017/2032 Page 24

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Ordinary Council Meeting - Wednesday, 26 July 2017 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032

Attachment 1 - Draft Playground Strategy Report 2017/2032 Page 25

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Ordinary Council Meeting - Wednesday, 26 July 2017 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032

Attachment 1 - Draft Playground Strategy Report 2017/2032 Page 26

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Ordinary Council Meeting - Wednesday, 26 July 2017 DRAFT PLAYGROUND STRATEGY REPORT 2017-2032

Attachment 1 - Draft Playground Strategy Report 2017/2032 Page 27

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ITEM 8.6 CONTAINER DEPOSIT SCHEME

RECORD NUMBER 17/102

RELATED FILE NUMBER EF11/16

AUTHOR Waste Management and Environmental Projects Coordinator

SUMMARY

This report updates Council on the Container Deposit Scheme (CDS) that will be implemented by 1 December 2017 in New South Wales.

BACKGROUND/COMMENT

The CDS is aimed at reducing litter and it has been estimated that 43% of litter volume will be captured through the CDS. The 2015-2016 National Litter Index found that 49% of litter by volume was made up of beverage containers. The scheme aims to encourage recycling of eligible containers by offering a 10cent redemption at approved collection points. On 16 February 2017 the NSW Minister for the Environment announced that the implementation date for the CDS had been extended by five months to 1 December 2017, at which time 85% of the State must have access to a redemption service. The key aspects of the Regulation relevant to Council are: a) the Scheme will be delivered through a two-part structure;

a single Scheme Coordinator will be responsible for the financial management of the scheme, and for ensuring that the scheme meets its state-wide access and recovery targets.

network Operators will set up and run a state-wide network of collection points. They can build and operate these collection points themselves, or they can contract for other organisations to do this.

b) the Minister for the Environment will appoint the Scheme Co-ordinator and

Network Operators through a competitive selection process. An announcement on the Network Operators is expected in the near future.

c) most beverage containers between 150ml and 3 L will be eligible for a 10 cent refund. Exclusions are largely consistent with the South Australian and Northern Territory schemes. They include plain milk containers, flavoured milk containers of 1L or more, pure fruit or vegetable juice containers of 1 L or more, glass containers for wine or spirits, casks for wine or water- 1L or more, wine sachets 250ml or more, cordial and concentrated fruit/vegetable juice, registered health tonics.

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d) Council will need to come to an agreement with recycling contractor JR Richards for a share of estimated redemption from kerbside collections.

e) One EPA approved collection point will need to be provided within Leeton. Although it is expected that local government will be a key player in the delivery of CDS across the State, it is still not clear what participation in the Scheme might mean for a council. The number of collection points and their opening hours will be regulated and based on population size. Locally, it is expected that Leeton Shire would have a single collection point. There is likely to be the opportunity for a viable, standalone business to provide this service. Council will, when more information is available, need to make a decision on whether it would act as a collection point or whether this would be best left to others. If Council does decide to become involved there will be a need to become aligned with a ‘network operator’ and potentially construct a shed and provide some facilities to act as a collection facility. Any such decision should only be made when supported by a demonstrated business case to provide a positive revenue and undertake the operational arrangements. The funding of the facility also needs to be considered and what funding or resources might be made available by the network operator. Staffing and cash handling arrangements will also need to be contemplated. There is no requirement for a Council to operate a collection point. It is up to each council to decide whether they wish to be involved and if so, the form of that involvement (whether it runs a collection point, or rents out space to a third party for example). If Council was to operate a facility or lease a facility to a third party, one possibility for a collection point would be at the Leeton Resource Recovery Centre. There is room for a facility to be developed at the rear of the second hand recycling shop behind the fence line. Not much can be done until the network operators are announced. The model that network operators and the EPA roll out will very much provide the answers to the unknowns above. What is known is that actions will need to be swift as a lot of steps need to occur if a facility is to be provided locally by the 1 December 2017 start date. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area THEME 3 - “A HEALTHY NATURAL ENVIRONMENT” within Council’s adopted Delivery Program/Operational Plan - 9a is to “Provide waste management services” – Operate Resource Recovery Facility (includes Landfill) and Transfer Stations – Report on tonnes diverted from landfill per waste category.

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FINANCIAL IMPLICATIONS Nil A business case for the capital and recurrent costs associated with developing and running a facility would be required and an appropriate funding strategy. POLICY/LEGAL IMPLICATIONS Nil COMMUNITY ENGAGEMENT Nil

RECOMMENDATION

THAT Council notes the report on the Container Deposit Scheme initiative, its timeframe and that staff will continue to investigate options for Council involvement as more information comes to light.

ATTACHMENTS

There are no attachments for this report.

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ITEM 8.7 LEETON RECYCLING CENTRE - TRANSPORT REBATE

RECORD NUMBER 17/110

RELATED FILE NUMBER EF11/16

AUTHOR Waste Management and Environmental Projects Coordinator

SUMMARY Council is requested to consider whether it wishes to continue to support the Leeton Recycling Centre by providing a fuel/ transport rebate to assist with freight costs of transporting recycled materials to a Sydney processing centre. BACKGROUND/COMMENT In 2008 Council was approached by Leeton Recycling Centre to provide a transport rebate to assist the business with the costs of freighting recycled materials to the Visy Mill at Tumut. At the time, Council agreed to this support because of the broad community benefits provided by recycling which also resulted in reduced landfill disposal costs. Council reconsidered the matter again in 2012 and decided to continue the support subject to a review after 12 months (refer attachments). Despite the previous resolution of the Council, there has not been another review of these arrangements and the total payment made to Leeton Auto Centre since July 2008 has been $43,877.60 ex GST, with a yearly average of $4,877.60. Although Leeton Recycling Centre has recently advised that the business model has not changed since inception, there are no longer public drop off facilities available at the Acacia Avenue premises to hold community paper and cardboard. The business primarily services the commercial and industrial business sectors. The closure of the public drop off facilities at Leeton Recycling Centre has resulted in increased demand of the recycling facilities to the extent that since late March Council was required to increase the bin empties from a fortnightly to a weekly service. This service is carried out by Cleanaway who are subcontracted by Cypress Recycling Centre - a division of Kurrajong Waratah. Waste regulations and the waste sector have changed considerably over the last ten years since the freight rebate was first agreed to by Council. It is now expected that waste generators are accountable to properly manage their waste stream in a circular economy. In the case of Leeton Recycling Centre, it is not appropriate that Council continues to use public funds to support a private recycling business whose freight costs should be imposed as a direct charge to the relevant commercial business who generate the waste.

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RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area THEME - “A HEALTHY NATURAL ENVIRONMENT” within Council’s adopted Delivery Program/Operational Plan – 9a is to “Provide waste management services” – Offer kerbside collection service including recycling – Report on education and promotion activities undertaken. FINANCIAL IMPLICATIONS If Council resolves to remove the Leeton Recycling Centre freight subsidy, $4,877.60 will be able to be redirected to offset the costs of servicing the increased demand to haul recycling at the landfill. POLICY/LEGAL IMPLICATIONS Nil COMMUNITY ENGAGEMENT Nil

RECOMMENDATION

THAT Council resolves to advise Leeton Auto Centre that it will no longer offer a fuel/freight subsidy to support their recycling business. This would not take effect before 1 October 2017.

ATTACHMENTS

1⇩ Council Reports 2008 & 2012 and Resolutions

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STATEMENTS BY COUNCILLORS

The Statement by Councillors section of the agenda is to formally provide an opportunity for Councillors or staff to bring forward important or urgent issues in accordance with the provisions of Clause 241 of the Local Government (General) Regulation.

Clause 241 states: 241 Giving notice of business “(1) A Council must not transact business at a meeting of the Council:

a) Unless a Councillor has given notice of the business in writing within such time before the meeting as is fixed by the Council’s code of meeting practice or (if the Council does not have a code of meeting practice, or its code of meeting practice does not fix that time) as is fixed by resolution of the Council; and

b) Unless notice of the business has been sent to the Councillors in accordance with section 367 of the Act.

(2) Subclause (1) does not apply to the consideration of business at a

meeting if the business:

(a) Is already before, or directly relates to a matter that is already before, the Council; or

(b) Is the election of a chairperson to preside at the meeting as provided by clause 236 (1); or

(c) Is a matter or topic put to the meeting by the chairperson in accordance with clause 243; or

(d) Is a motion for the adoption of recommendations of a committee of the Council

(3) Despite subclause (1), business may be transacted at a meeting of a

Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:

(a) A motion is passed to have the business transacted at the meeting;

and

(b) The business proposed to be brought forward is ruled by the chairperson to be of great urgency.

Such a motion can be moved without notice. (4) Despite clause 250, only the mover of a motion referred to in subclause

(3) can speak to the motion before it is put.”