ordinary council meeting - leeton shire...council’s ability to pay the petersham road lirs loan....

Council Chambers LEETON 2705

Date: 20 May 2016

ORDINARY COUNCIL MEETING

25 MAY 2016

PLEASE TAKE NOTICE that an ORDINARY COUNCIL MEETING will be held in the Council Chambers on Wednesday 25 May 2016 at 7.00PM and your attendance is requested thereat.

Jackie Kruger

General Manager

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 25 May 2016

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LEETON SHIRE COUNCIL

AGENDA

ORDINARY COUNCIL MEETING

25 May, 2016

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, April 27 2016, as circulated, be taken as read and CONFIRMED.

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

CORPORATE SERVICES MATTERS 7.1 INTEGRATED PLANNING AND REPORTING

Delivery Program 2013/14-2016/17, Annual Operating Plan 2016/17 and Resourcing Strategy ............ 4

7.2 INTEGRATED PLANNING AND REPORTING - Quarterly Review as at 31 March 2016 ............................................................ 7 7.3 PLANNING AND REPORTING 2015/16

Quarterly Budget Review Statement – March Quarter 2016 – Manager Financial Services ............................................................ 9

7.4 2016/17 OPERATIONAL PLAN - MAKING OF RATES AND CHARGES ....................................................................................... 15 7.5 ANNUAL DISCLOSURE BY COUNCILLORS AND DESIGNATED

PERSONS ....................................................................................... 20


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7.6 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2016 ANNUAL REVIEW ........................................................................................... 22

7.7 INVESTMENTS - DIVIDENDS - INVESTMENTS - APRIL 2016 ...... 37 7.8 COUNCIL MEETING VENUE JULY AND AUGUST 2016 ............... 44 ENGINEERING AND TECHNICAL SERVICES MATTERS 7.9 LOCAL AREA TRAFFIC COMMITTEE MEETING - 12 MAY 2016 ................................................................................... 46

ENVIRONMENTAL AND COMMUNITY SERVICES MATTERS 7.10 MANAGEMENT OF LEETON MAJOR DOOLEY LIBRARY ........... 53 7.11 DEVELOPMENT APPLICATION 26/2016 - ERECTION OF SHEARING SHED ON LOT 638, DP 704408 .................................. 56 7.12 “ENVISAGE 2024” ECONOMIC DEVELOPMENT, TOURISM &

EVENTS STRATEGIC PLAN........................................................... 72 7.13 SWIMMING POOL POLICY - REVISED .......................................... 75

8. STATEMENTS BY COUNCILLORS 9. CLOSED COUNCIL – CONFIDENTIAL ITEMS

9.1 COUNCIL PROPERTIES – OWN LAND – SALE OF SURPLUS LAND

It is recommended that the Council resolve into Closed Council with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

9.2 TRANSFER OF LAND FOR UNPAID RATES It is recommended that the Council resolve into Closed Council with the press

and public excluded to allow consideration of this item, as provided for under Section 10A(2) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

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

Office of Local Government 4428 4100 [email protected] www.olg.nsw.gov.au

NSW Ombudsman 8286 1000 Toll Free

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

mailto:[email protected]

http://www.leeton.nsw.gov.au/


http://www.icac.nsw.gov.au/


http://www.olg.nsw.gov.au/


http://www.ombo.nsw.gov.au/


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CORPORATE SERVICES MATTERS

ITEM 7.1 INTEGRATED PLANNING AND REPORTING Delivery Program 2013/14-2016/17, Annual Operating Plan 2016/17 and Resourcing Strategy

RECORD NUMBER 16/107

RELATED FILE NUMBER EF16/17

AUTHOR Corporate Planning Coordinator

SUMMARY This report recommends the adoption of the Delivery Program 2013/14-2016/17, Annual Operating Plan 2016/17 and Resourcing Strategy following consideration of submissions. BACKGROUND/COMMENT Council’s Draft Delivery Program, Annual Operating Plan and Resourcing Strategy have been on public exhibition from Friday 1 April 2016, with submissions being received up until Friday 6 May 2016. Council utilised its new engagement website “Have Your Say Leeton” to conduct a survey on pertinent aspects of the 2016/17 Draft Annual Operating Plan and advertised the exhibition period on Facebook continuously during the public exhibition period and in The Irrigator twice. By the end of the public exhibition period, 18 people had undertaken the survey and eight people provided written submissions. Considering that there have been no submissions for the past three years, the response rate from community is encouraging. There were no internal staff submissions to the draft Annual Operating Plan. There were no late public submissions received. Attached to this report is the summary of submissions with recommendations from staff and a separate summary of the survey results. While some submissions will lead to further consultation during 2016/17, except for a recommendation to complete the whole of Payten Road during this next financial year, no further amendments are being recommended to the draft 2016/17 Annual Operating Plan. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of “Strengthening Our Leadership Direction” within Council’s adopted Delivery Program/Operating Plan goal 34D is to “Ensure compliance with all relevant Acts and provisions that apply to Local Government”.


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The additional road works on Payten Road will increase Council’s capital expenditure in 2016/17 by $53,000 and result in a reduction of $53,000 in cash balances. The proposed amendment will not impact on the draft consolidated cash result for 2016/17 of a $14,770 surplus. The Consolidated Operating Result from Continuing Operations for 2016/17 of $877,000 surplus will also be unaffected. FINANCIAL IMPLICATIONS To complete Payten Road in the 2016/17 year, $53,000 will need to be drawn down from the Internal Roads Restriction which currently has a balance of $1,671,000. This additional road capital works is not expected to impact on future years’ roads projects, nor will funding from the Internal Roads Restriction impact Council’s ability to pay the Petersham Road LIRS Loan. The Internal Roads Restriction is used to fund the principal repayments on the loan taken out to facilitate the upgrade works on the Petersham Road precinct. The 2016/17 draft Annual Donation Vote already provides an extra $2,500 (one off) as compared to previous years which could be applied towards the Chamber of Commerce’s submission, if Council so approves. There are no further financial implications as compared to the draft 2016/17 Annual Operating Budget. POLICY/LEGAL IMPLICATIONS Under Section 405 of the Local Government Act, 1993, Council must have an Operating Plan adopted before the beginning of year and detail the activities to be engaged in by the Council during the year as part of the Delivery Program covering that year. COMMUNITY ENGAGEMENT The public exhibition period ran from 1 April 2016 to 6 May 2016, including the use of Community Engagement Software. Feedback will be provided to submitters following Council’s consideration of this report.

RECOMMENDATION That Council:

1. Adopt the changes to the draft Delivery Program and Operating Plan as outlined in the report, including the allowance of a $2,500 capped amount for hire fees of Council facilities for the Leeton Chamber of Commerce to come from the Annual Donations Vote.


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2. Adopt the change to the 2016/17 Operational Plan by adding $53,000 to the Capital Program to include the additional Payten Road rehabilitation funded by a transfer from the Internal Roads Restriction.

3. Adopt the Operating Plan for 2016/17 (including Fees and Charges) and Delivery Program 2013/14-2016/17 and the Resourcing Strategy (including the Long Term Financial Plan 2016/17-2025/26, Asset Management Plan 2016/17-2025/26 and the Workforce Management Plan 2016/17-2020/21) with the alterations noted above.

ATTACHMENTS 1 Summary of Submissions Received for the Draft 2016/17

Annual Operating Plan Attached separately

2 Draft 2016/17 Annual Operating Plan Survey Results Attached separately


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ITEM 7.2 INTEGRATED PLANNING AND REPORTING - Quarterly Review as at 31 March 2016



AUTHOR Director Corporate Services

SUMMARY The quarterly report of the Delivery Plan (2013/14-2016/17) and Operating Plan (2015/16) to 31 March 2016 is now presented to Council. The responsible accounting officer of Council must also report quarterly (except the June quarter) to Council on the budget in the Operating Plan. This will be the focus of a separate report in Council’s 25 May 2016 Council Agenda. BACKGROUND/COMMENT In accordance with Section 404 of the Local Government Act 1993 the General Manager must provide a progress report to the Council reporting as to its progress with respect to the principal activities detailed in its delivery program. Progress reports must be provided at least every six (6) months. The report also encompasses the key objectives contained within the Operating Plan as Leeton Shire Council has a combined Operating Plan and Delivery Program. Council’s key activities within the four year Delivery Program (2013/14-2016/17) and one year Operating Plan (2015/16) are all linked to the main strategies and actions that have been established within the Community Strategic Plan (CSP) “Leeton Living Towards 2024”. There are 34 key strategies contained within the CSP that are grouped with the 5 priority areas of:

• Caring for our health and wellbeing • Enhancing and preserving our natural assets • Building our business and local jobs • Developing our built environment • Strengthening our leadership direction

Leeton Shire Council has combined targets and measures with a combined Delivery Program and Operating Plan as many of the objectives will run over more than a one year period. This combination allows Council to ascertain not only whether it delivered what it said it would do, but also whether it delivered it to the timeframes and quality standards it expected.


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Attached to this report is the complete summary of all performance measures and associated commentary by relevant staff in relation to the Delivery Program and Operating Plan objectives. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of “Strengthening Our Leadership Direction” within Council’s adopted Delivery Program/Operating Plan goal 34D is to “Ensure compliance with all relevant Acts and provisions that apply to Local Government”. FINANCIAL IMPLICATIONS Nil (Separate report on Quarterly Budget Review relates) POLICY/LEGAL IMPLICATIONS Under Section 404 of the Local Government Act, 1993, the progress of the implementation of the Delivery Program and Operating Plan is to be reported to Council on a minimum six monthly basis. COMMUNITY ENGAGEMENT Nil

RECOMMENDATION That Council note the progress in relation to the Council Delivery Program and Operating Plan for the quarter ended 31 March 2016.

ATTACHMENTS 1 KP Quarterly Review - 31 March 2016 Attached separately


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ITEM 7.3 PLANNING AND REPORTING 2015/16 Quarterly Budget Review Statement – March Quarter 2016 – Manager Financial Services



AUTHOR Financial Services Manager

SUMMARY A review of the Operational Budget has been completed for the March Quarter 2016. BACKGROUND/COMMENT A copy of the detailed Quarterly Budget Review (QBR) document is attached to this report. The document is in the form required by the Office of Local Government. The QBR is a primary reporting document to measure how Council is performing against the revised Operational Budget. The QBR illustrates the revised budget result in both the Income Statement format (referred to as Operating Result) used in the Financial Statements and in the Working Funds format which considers all forecast cash movements. The Working Funds result is also sometimes termed the cash result as it takes into account movements in cash restrictions. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of Strengthening Our Leadership Direction goal 34D “Ensure compliance with all the relevant Acts and Provisions that apply to Local Government” covers the Quarterly Budget Review. The QBR Budget Review is required in accordance with clause 203 Local Government (General) Regulation 2005.


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FINANCIAL IMPLICATIONS Consolidated Result The movement in the Operating Result over the quarter is shown below:

The Consolidated Operating result has improved significantly during the March Quarter from an estimated $239,759 loss to an estimated surplus of $270,394. This turnaround is mainly attributable to improved revenues in Council’s restricted Water and Sewer Funds. Further commentary in relation to this is provided below. A detailed breakdown of the variations are outlined on the Budget Income Statement that are included in the QBR attachment. The change in the Working (Cash) Funds Position is shown below:

Original Dec-15 RevisedResult (845,567) (11,670) 514,483

(850,000) (750,000) (650,000) (550,000) (450,000) (350,000) (250,000) (150,000)

(50,000) 50,000

150,000 250,000 350,000 450,000 550,000

Ope

ratin

g De

ficit

March 2016 QBR Operating Result

Original Dec-15 RevisedResult (25,866) 90,158 33,704

(40,000) (30,000) (20,000) (10,000)

- 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000

100,000

Wor

king

Fun

ds S

urpl

us

March 2016 Cash Funds Result


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The Estimated Consolidated Working (Cash) Funds position has moved from a projected $90,158 surplus at 31 December, 2015 to a surplus of $33,704 at the 31 March, 2016. This result includes the adjustments for non-cash expenses such as depreciation and leave provision movements. It also incorporates forecast changes in cash restrictions. Further details of these variations in relation to each fund are outlined below. General Fund The Operational Result from the General Fund is projected to improve by $97,687 over the March 2016 quarter. This has been attributable principally to $80,000 being received from the Water Fund to enable the rehabilitation of Grevilla Street and savings of $40,000 attributable to lower fuel costs. There was offset by the allocation of a budget of $24,530 to engage external support for Council’s internal audit programs. Council would be aware that this function was previously conducted with in house staff resources. Future Budgets include an allocation for the engagement of external support for Council’s Internal Audit function. The General Fund Cash position has reduced from a $90,158 surplus at 31 December, 2015 to a $33,704 surplus at 31 March, 2016. This result is after transferring an additional $75,000 to the Infrastructure Restriction with a view to funding unanticipated capital projects that may be required in the next financial year such as fibre to the door capacity pending NBN rollout, improved telemetry and communications or runway lighting renewal at the Narrandera Airport. Any use of these restricted funds would be subject to a further report to Council. The problems with the runway lighting were considered at the Narrandera – Leeton Airport Management Committee meeting held on 6 April, 2016. This additional transfer to the Aerodrome restriction is considered prudent at this time until the full cost of the rectification works becomes known. At the Council Meeting held on 24 February, 2016 it was resolved to transfer an additional $15,000 from the Building Restriction to fund additional costs for the Leeton Early Learning Centre kitchen upgrade. This has been done as part of this review. Waste Fund The Waste Fund Operational Result is estimated to remain unchanged with a $291,106 surplus estimated. This surplus is restricted for use on Council’s waste services including kerbside collection and Council’s landfill site. The Waste Capital Budget was increased by $2,377 to fund a display monitor at the weighbridge at the Leeton Landfill. This funding was taken from the Waste restriction.


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Water Fund The Operational Result for Water improved from a projected deficit of $357,937 at 31 December, 2015 to a much smaller deficit of $26,904 at 31 March, 2016. Whilst an operating surplus is required to allow the vast water infrastructure network to be renewed and maintained, the improved projected result provides a pathway for future financial sustainability. The main reason for this improvement was the increased water user income. This amounted to $400,000. This was attributable in part to some hot dry periods that were experienced during the summer and early autumn period. It would appear that estimated income for water sales were conservatively calculated and may need some revision in future years based upon historical results. However, it is important that care be taken with this estimate as sustained wet conditions or the introduction of water restrictions can cause large reductions in income received. Any fluctuations in income can also be exaggerated by the impact of the three step tariff structure. This means that a reduction in consumption by a consumer on the higher step will lead to greater revenue loss. An additional $80,000 was also raised through the sale of a portion of the Town Water allocation following a recent change to the water trading regulations. Some additional treatment and pumping costs were incurred in supplying the water volumes during the summer months and these have been included in the review. The Water Fund also contributed $80,000 towards the cost of the rehabilitation of Grevilla Street. This was done following engineering assessment that problems with the road were attributable to past mains renewals that impacted the road pavement. Sewer Fund The Operational Result for Sewer improved from an estimated $4,383 deficit to a $93,050 surplus at 31 March, 2016. In order to maintain and renew the large sewer infrastructure network, operating surpluses are essential so that funding is available. The major contributor was estimated additional trade waste usage charges of $140,000 arising from discharges made from high volume customers. Improvements in pre-treatment procedures and practices will result in future income being at a lower level.


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A further contributor was income raised through the trade waste annual fees as it is rolled out across the shire, to different categories of dischargers, in accord with the Best Practice Guidelines and Council’s adopted Trade Waste Policy. This amounted to $10,433 of additional revenue. The discharge of trade waste can have significant deleterious impacts upon the Council’s infrastructure and impact upon the life of the sewer network. Therefore the implementation of Best Practice Trade Waste management is being undertaken by Council. Capital Budget There were some minor variations to the Capital Budget during the March Quarter. Grevilla Street was rehabilitated and sealed at a cost of $109,000. The $80,000 attributable to the rehabilitation works was funded by a contribution from the Water Fund. This was done as it was considered that past mains rehabilitation works in the street had contributed substantially to the need for the road reconstruction works. The $29,000 cost for the reseal was funded out of Council’s existing resealing budget. An additional $15,000 was added for the works on the Leeton Early Learning Centre which was funded from Council’s Building restriction. An additional $8,000 was added to the budget for the Yanco joint pathway with 50% being funded by Roads and Maritime services under their active transport funding program. Council’s matching share of $4,000 was funded from the existing Footpaths renewal vote. Overall Position The Responsibility Accounting Officer statement indicates that Council’s budget position at 31 March, 2016 is sound compared to the original 2015/16 budget that was adopted. Council will however have to remain vigilant in relation to expenditures being incurred up to the end of the financial year, if the gains made to date are to be in place at the end of the financial year. Council’s cash reserves remain strong and whilst the attainment of a positive operating result for this financial year is possible it may be difficult to sustain over time given the impact of the return of the Road to Recovery funding to normal levels. Road to Recovery funding is scheduled to return to normal levels in 2017/18 following substantial supplementary allocations in 2015/16 and 2016/17. POLICY/LEGAL IMPLICATIONS


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Nil COMMUNITY ENGAGEMENT Nil

RECOMMENDATION That the review of Council’s Operational Budget as at 31 March, 2016 be noted and variations contained in the Quarterly Budget Review statement be voted.

ATTACHMENTS 1 March 2016 Quarterly Budget Review (QBR) Attached separately


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ITEM 7.4 2016/17 OPERATIONAL PLAN - MAKING OF RATES AND CHARGES



AUTHOR Financial Services Manager Director Corporate Services

SUMMARY As the 2016/17 Operational Plan has been adopted by Council, the Rates and Charges can now be made in accordance with Section 532 of the Local Government Act 1993. BACKGROUND/COMMENT Proposed rates and charges for 2016/17 were included in the Draft Operational Plan approved by Council at its meeting on 30 March 2016. The Draft Operational Plan was on public display and advertised from 1 April – 6 May 2016. The Local Government Act requires that the Rates and Charges be made after adoption of the Draft Operational Plan. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of “Strengthening Our Leadership Direction” within Council’s adopted Delivery Program/Operational Plan goal 34D is to “Ensure compliance with all relevant Acts and provisions that apply to Local Government”. FINANCIAL IMPLICATIONS Rates and charges are the primary source of revenue for Council. Such revenue is critical for funding operational expenditure used in service delivery to the community in addition to the funding of the maintenance and renewal of Council’s Infrastructure assets. The details of the income raised by rates and charges including how it is spent is as outlined in Council’s adopted 2016/17 Operational Plan. POLICY/LEGAL IMPLICATIONS Section 532 of the Local Government Act 1993 requires that the making of the rates and charges must be done after the Operational Plan is adopted after consideration of any submissions received.


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COMMUNITY ENGAGEMENT The draft Operational Plan and Revenue policy were placed on public display and on Council’s website for the period from 1 April to 6 May 2016.

RECOMMENDATION i) That Council authorise the General Manager to prepare and serve the

2016/17 rate notices or in her absence they may be served by the Director Corporate Services.

ii) Ordinary Rates a) Ordinary Rate – Residential In accordance with Section 494 of the Local Government Act

1993, Council make the Base Amount of $435.00 for ordinary rates for the year 2016/17 which represents 48% of the total revenue for the Residential Rating Category, and make the Ad Valorem component of the rate at 0.802746 cents in the dollar on all the land value of all rateable land within the Residential Rating Category.

b) Ordinary Rate – Farmland In accordance with Section 494 of the Local Government Act

1993, Council make the Base Amount $684.00 for ordinary rates for the year 2016/17 which represents 20% of the total revenue for the Farmland Rating Category, and make the Ad Valorem component of the rate at 1.113791 cents in the dollar on all the land value of all the rateable land within the Farmland Rating Category.

c) Ordinary Rate – Business In accordance with Section 494 of the Local Government Act

1993, Council make the Base Amount $287.00 for ordinary rates for the year 2016/17 which represents 25% of the total revenue for the Business Rating Category, and make the Ad Valorem component of the rate at 0.825440 cents in the dollar on all the land value of all the rateable land within the Business Rating Category.


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iii) Charges – Sewerage Local Fund a) Sewerage Annual Charge – Residential That Council make the Sewerage Annual Charge – Residential for

2016/17 at $543.00 for each parcel of land categorised as Residential land within the Leeton, Yanco and Whitton Sewerage Local Rate Areas in accordance with Section 501 of the Local Government Act 1993.

b) Sewerage Annual Charge – Non Residential That Council make a usage charge of 96 cents per kilolitre with a

minimum charge equivalent to the Residential Sewerage Annual Charge of $543.00 calculated in accordance with the Guidelines for Best Practice Pricing as set down by the NSW Office of Water.

This charge is to apply to each water meter attached to the

assessment categorised as Non Residential land within the Leeton, Yanco and Whitton Sewerage Local Rate Areas in accordance with Section 501 of the Local Government Act 1993.

The Non Residential Sewer Access charge be as follows:

Meter Size Access Charge $ 20mm 115.84 25mm 181.00 32mm 296.55 40mm 463.36 50mm 724.00 80mm 1,853.44 100mm 2,896.00 150mm 6,516.00 200mm 11,584.00

iv) Interest Rate on Overdue Rates and Charges That the interest rate to be charged on all overdue rates and charges

and arrears during 2016/17 will be 8.0%.


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v) Domestic Waste Management Charge That Council make the following Domestic Waste Management Charge: That the Domestic Waste Management Charge, on all rateable parcels

of land for which there is a full service, be $249.00 under Section 496 of the Local Government Act, 1993.

vi) Waste Management Charge That Council make a Waste Management Charge under Section 501 of

the Local Government Act 1993 of $249.00 to the non-residential and non-rateable parcels of land in Leeton Shire Council area being rendered a full service.

vii) Landfill Access Charge That Council make a Landfill Access Charge under Section 501 of the

Local Government Act 1993 of $45.00 to all parcels of land not having access to the Domestic Waste Collection Service under Section 496, and Waste Collection Service under Section 501 of the Local Government Act.

viii) Recycling Service Charge That Council make a Recycling Service Charge under Section 501 of

the Local Government Act 1993 of $124.00 on all parcels of land for which there is a full Domestic Waste Collection Service.

Recycling Services for non-residential and non-rateable properties will

be optional and those properties wishing to use the Service will be charged at the rate of $124.00 per annum.

ix) Water Charges That Council make the following water charges:

a) Access Charges

Meter Size $ 20mm 268.00 25mm 268.00 32mm 686.00 40mm 1,072.00 50mm 1,675.00 65mm 2,831.00 80mm 4,288.00 100mm 5,600.00 150mm 9,550.00


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b) Consumption Charges – Residential - for the first 300 kilolitres = $0.96 per kl - from 301 kilolitres to 600 kilolitres = $1.40 per kl - thereafter = $2.45 per kl c) Consumption Charges – Non Residential - for the first 300 kilolitres = 0.96 per kl - thereafter = 1.40 per kl x) Stormwater Management Charge That Council make a Stormwater Management Charge under Section

496A of the Local Government Act 1993 of $25.00 for developed residential properties, $12.50 for each residential strata title unit, and $25.00 for eligible properties within the Ordinary Business Rating Category area and $12.50 for each business strata title unit.

xi) Fees and Charges That Council make the fees and charges for 2016/17 as per the

adopted 2016/17 Operational Plan.

ATTACHMENTS There are no attachments for this report.


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ITEM 7.5 ANNUAL DISCLOSURE BY COUNCILLORS AND DESIGNATED PERSONS

RECORD NUMBER 16/95

RELATED FILE NUMBER EF10/186 & EF10/187


SUMMARY Section 449 of the Local Government Act, 1993 provides that a Councillor or designated person holding a position at 30 June each year must complete and lodge with the General Manager by 30 September in the same year a disclosure on the form prescribed in Part 1 of Schedule 3 of the Local Government Regulations. BACKGROUND/COMMENT The purpose of the annual disclosure form is to disclose any items where there may be a pecuniary interest which may affect the decision of the person completing the form. Once completed the returns will be tabled at a future meeting of Council. It should be noted that these forms are available to the public on request and copies taken. The returns are required to be presented to a Council meeting by the end of September 2016. This report also declares what positions are "designated" in accordance with the Local Government Act which is required to be undertaken by Council from time to time. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of Strengthening Our Leadership Direction within Council’s adopted Delivery/Operational Plan Goal 34D is to “Ensure compliance with all relevant Acts and provisions that apply to Local Government”. FINANCIAL IMPLICATIONS Nil POLICY/LEGAL IMPLICATIONS The annual disclosures of interest is in accordance with Section 449 of the Local Government Act 1993.


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COMMUNITY ENGAGEMENT Nil

RECOMMENDATION (a) All Councillors complete a disclosure of interest form and return to the

General Manager by 30 September 2016 for the year 1 July 2015 to 30 June 2016.

(b) The persons occupying the below positions be formally declared

designated persons by Council in accordance with Section 441 of the Local Government Act, 1993 and be required to lodge disclosures of interest to the General Manager by 30 September 2016 for the year 1 July 2015 to 30 June 2016:

- General Manager - Director of Engineering and Technical Services - Director Environmental and Community Services - Director of Corporate Services - Environmental Health and Building Surveyor - Manager Planning and Environment - Planning Officer - Manager Water and Waste Water - Manager Design and Construction - Economic Development, Tourism and Events Manager.



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ITEM 7.6 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2016 ANNUAL REVIEW

RECORD NUMBER 16/99



SUMMARY The Local Government Remuneration Tribunal has just released its 2016 determination in relation to the amount of fees to be paid to Mayors and Councillors from 1 July 2016. This report recommends an increase in Councillor fees for a Council of Leeton Shire’s Category (Rural) as follows: Councillor - $11,290 Mayor (Additional Fee) - $24,630 BACKGROUND/COMMENT Pursuant to Sections 239 and 241 of the Local Government Act 1993 (LGA) , the Local Government Remuneration Tribunal determines in each category of Council, the maximum and minimum amount of fees to be paid to Mayors and Councillors of Councils for performing their civic duties. Councils are required to annually set their level of Councillors and Mayoral fees based upon the outcome of the Tribunal’s Determination. The Tribunal recently determined the 2016/2017 fees payable to Councillors and Mayors and this report seeks Council’s decision on the fees payable for the 2016/17 financial year. The Tribunal is required pursuant to section 242A of the LGA to give effect to the State Government’s Wages Policy as is the case under Section 146C of the Industrial Relations Act when determining awards applicable to the employment of State Public sector employees, when determining the increase to apply to the minimum and maximum fees that apply to Councillors and Mayors. The current NSW Public Sector Wages Policy provides for a cap on increases of 2.5 per cent for public service staff. Taking this into consideration as well as key economic indicators including the Consumer Price Index and Wage Price Index it was the view of the Tribunal that an increase of 2.5 percent in fees for Councillors and Mayors was appropriate.


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The Tribunal in accordance with Sections 239 and 240 of the LGA reviewed the existing categorisation of Councils and determined that no change is warranted at this time. The Tribunal noted that the current amalgamation of Councils may lead to a revision of the criteria for determining categories and fees when this process is completed at a future stage. The Local Government Remuneration Tribunal is required to make an annual determination on the fees payable to Mayors and Councillors. A copy of the report from the Tribunal for 2016 is attached. The report recommends an increase in Councillor fees for a Council of Leeton Shire’s Category (Rural) as follows: Minimum Maximum Councillor $8,540 $11,290 Mayor (Additional Fee)** $9,080 $24,630

* This fee must be paid in addition to the fee paid to the Mayor/Chairperson

as a Councillor/Member (s249 (2)). Council’s existing policy is to pay the maximum level of fees allowed under the category. The current fees paid in the 2015/16 financial year are:

• $24,030 Mayoral Payment • $11,010 to Councillors.

RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of “Strengthening Our Leadership Direction” within Council’s adopted Delivery/Operational Plan Goal 34D is to “Ensure compliance with all relevant Acts and provisions that apply to Local Government”. FINANCIAL IMPLICATIONS Councils Draft Operational Budget for 2015/16 includes a budget allocation to pay the maximum fee level as determined by the Tribunal. POLICY/LEGAL IMPLICATIONS This report is in accordance with Sections 239 and 241 of the Local Government Act, 1993. COMMUNITY ENGAGEMENT Nil


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RECOMMENDATION That from 1 July 2016 Council pay the maximum annual fees of:

• $24,630 to the Mayor • $11,290 to Councillors.

ATTACHMENTS 1 2016 Annual Determination-LGRT

Ordinary Council Meeting - Wednesday, 25 May 2016 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2016 ANNUAL REVIEW

Attachment 1 - 2016 Annual Determination-LGRT Page 25


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ITEM 7.7 INVESTMENTS - DIVIDENDS - INVESTMENTS - APRIL 2016



AUTHOR Finance Coordinator Financial Services Manager

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 for the month of April 2016. As at the last quarterly budget review (March 2016) the following investment income was recorded:

General Fund Water Fund Sewer Fund Total

Revised Budget $350,000 $180,000 $180,000 $710,000 Actual to 31/03/16 $297,254 $151,619 $143,168 $592,041 % Actual to Budget 85% 84% 80% 83% Leeton Shire has $19,223,630 invested with local branches’ of banks and credit unions in Leeton, with a total current investment portfolio of $30,223,630 invested in Approved Deposit Institutions that are regulated by the Australian Prudential Regulatory Authority. The following is a dissection of the investments –

Total Investments 30,223,630 Less restrictions Water Supply 9,217,423 Sewerage Services 6,568,406 Other external restrictions 2,914,776 Internal restrictions 11,472,186 Total restrictions 30,172,791 Net unrestricted investments 50,839


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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 at month end. RBA Board elected to cut the cash rate (90 day Bank Bill Swap Rate (BBSW)), by 25bp at their May meeting to 1.75%. This decision was based around inflation being lower than expected. Council had an average yield on their investments of 3.12% for April, up slightly from March 2016 which was 3.07%. Lowering the cash rate has also seen term deposit rates drop slightly. It is likely that returns will be lower in future months as existing investment mature. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the key priority area of “Strengthening Our Leadership Direction” within Council’s adopted Delivery Program/Operational Plan goal 34E is to “Ensure compliance with all relevant Acts and provisions that apply to Local Government”. Funds have been invested in accordance with the Local Government Act, under the Ministerial Order, Regulations and Council’s Investment Policy. FINANCIAL IMPLICATIONS The investment income is reported as part of the quarterly financial operating plan review, which is reported separately in the Council meeting agenda for 25 May 2016. POLICY/LEGAL IMPLICATIONS All funds invested in accordance with Section 625 of the Local Government Act, the Ministerial Investment Order and Leeton Shire Council’s Investment Policy. Lehman Brothers Legal Disputes Lehman Brothers Australia Payment of Dividends There have been no new developments during April 2016.


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PPB Advisory, the liquidators of Lehman Brothers Australia, have advised that the payment date for the next dividend is not known at this time due to continuing legal actions involving the company. Amicus Advisory Pty Ltd have provided their comprehensive monthly report for April 2016 however due to its confidential nature it is available to Councillors to read in the Council office should they wish. COMMUNITY ENGAGEMENT Nil

RECOMMENDATION That the information contained in the report on Investments be noted.

ATTACHMENTS 1 Summary of Term Investments as at 30 April 2016 2 Statement of Bank Reconciliation - April 2016

Ordinary Council Meeting - Wednesday, 25 May 2016 INVESTMENTS - DIVIDENDS - INVESTMENTS - APRIL 2016

Attachment 1 - Summary of Term Investments as at 30 April 2016 Page 40


Attachment 2 - Statement of Bank Reconciliation - April 2016 Page 43


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ITEM 7.8 COUNCIL MEETING VENUE JULY AND AUGUST 2016




SUMMARY The purpose of this report is to seek Council permission to alter the venue for the Ordinary Council Meetings for July and August 2016. BACKGROUND/COMMENT The New South Wales Electoral Commission has entered into a contract with Council to lease the Council Chambers and the Mayor’s Office for the purpose of accommodating the Regional Returning Officer for the 2016 Local Government Election for the period 30 June 2016 to 21 September 2016. It is proposed that the July and August Ordinary Council meetings be held at the following venues at the standard time of 7.00pm: 27 July – Yanco Hall – 5-7 Main Avenue, Yanco 24 August – Whitton Community Hall – Benerembah Street, Whitton Section 9 of the Local Government Act, 1993, requires Council to give notice to the public of the times and places of its meetings. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of “Caring for Our Health and Well Being” within Council’s adopted Delivery/Operational Plan Goal 32B is to “Schedule regular community forums/meeting opportunities between Council and the community”. FINANCIAL IMPLICATIONS Nil POLICY/LEGAL IMPLICATIONS Advertising of the revised venue locations for the July and August Council Meetings is in accordance with Section 9 of the Local Government Act 1993.


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COMMUNITY ENGAGEMENT Advertising in the local media, on the Council website and via social media will take place to advise the community of the change in venue for the July and August Meetings.

RECOMMENDATION That the venues for Ordinary Council Meetings for 27 July 2016 and 24 August 2016 be as follows: 27 July – Yanco Hall – 5-7 Main Avenue, Yanco 24 August – Whitton Community Hall – Benerembah Street, Whitton



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ENGINEERING AND TECHNICAL SERVICES MATTERS

ITEM 7.9 LOCAL AREA TRAFFIC COMMITTEE MEETING - 12 MAY 2016



AUTHOR Director, Engineering & Technical Services

SUMMARY This report is to inform Council of the outcomes of the Leeton Local Area Traffic Committee held on 12 May 2016. The Leeton Traffic Committees (LTC) is primarily a technical review committee which is required to advise the Council on matters referred to it by Council. These matters must be related to prescribed traffic control devices and traffic control facilities for which Council has delegated authority. The Council must refer all traffic related matters to the LTC prior to exercising its delegated functions. BACKGROUND/COMMENT A meeting of the Local Area Traffic Committee was held on Thursday 12 May 2016. A copy of the agenda and minutes is included in this report.

• Matters Arising from the previous minutes • Coprice Railway Avenue Rail Crossing Safety Issues • Leeton Fire Brigade request change to existing parking space • Intersection treatment for Muntenpen Street, Palm Avenue and Myrtle

Street • General Information

RELATIONSHIP TO INTEGRATED PLAN Under the Key Priority Area of “Developing Our Built Environment” contained within Council’s adopted Delivery/Operational Plan, Goal 24A is to “Effectively undertake a long term road plan” and Goal 26A is to “Effectively plan for all pedestrian footpaths including consideration of width for prams and mobility scooters, safe crossings, exits and egresses and lighting”. FINANCIAL IMPACT STATEMENT Nil


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POLICY/LEGAL IMPLICATIONS Nil COMMUNITY ENGAGEMENT Nil

RECOMMENDATION That Council resolve to adopt the following recommendations as detailed in the Minutes of the Traffic Committee meeting held on 12 May 2016. Item 2 – CopRice Railway Avenue Rail Crossing Safety Issues Recommendation: That the Traffic Committee endorses the request from CopRice Emergency Planning Committee for Council to investigate the near hits/misses at the railway crossing located in Railway Avenue Leeton. (unanimous support) Item 3 –Leeton Fire Brigade – Request to Change Existing Parking Recommendation: That the Traffic Committee endorses the request from Leeton Fire Brigade to install “No Parking-Permit Holders Excepted” parking spaces on the northern side of Sycamore Street in the vicinity of the Fire Brigade’s existing driveway to allow for emergency vehicle access. (unanimous support) Item 4 – St Joseph’s Primary School Leeton – Disable Parking Space Recommendation: That the Traffic Committee endorses the request from St Joseph’s Primary School to install a disabled parking zone, ramp and associated line marking/ground thermos adjacent to the school in Ash Street subject to public consultation and approval from bus operators to move the existing bus zone south on Ash Street to accommodate the disabled parking zone. (unanimous support) Item 5 – Intersection Treatment for Muntenpen Street, Palm Avenue and Myrtle Street Recommendation: That the Traffic Committee endorse the attached design plan for the intersection treatment at Muntenpen Street, Palm Avenue and Myrtle Street. (unanimous support)


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ATTACHMENTS 1 Traffic Committee Agenda 12 May 2016 Attached separately 2 Minutes Traffic Committee 12 May 2016

Ordinary Council Meeting - Wednesday, 25 May 2016 LOCAL AREA TRAFFIC COMMITTEE MEETING - 12 MAY 2016

Attachment 2 - Minutes Traffic Committee 12 May 2016 Page 49


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ENVIRONMENTAL AND COMMUNITY SERVICES MATTERS

ITEM 7.10 MANAGEMENT OF LEETON MAJOR DOOLEY LIBRARY



AUTHOR Director Environmental and Community Services

SUMMARY At its meeting of 24 February 2016 Council considered a report dealing with the future management and structure of the Leeton Library following the resignation of the previous library manager and resolved that a further report be presented back to Council at a later date. The purpose of this report is to provide Council with options for the future management and structure of the Leeton Library. BACKGROUND/COMMENT At the Council meeting of 24 February 2016 the following recommendation was resolved by Council;

1. Council endorse investigating the potential for a joint library service encompassing the Leeton and Narrandera Shires with branches in Narrandera and Leeton along with membership of a regional library service.

2. That the results of the investigation, with recommendations, be brought to the April meeting of Council accompanied by an implementation plan and proposed governance structure.

The NSW Library Act 1993 permits three public library models. These include a Standalone Library structure where a Council independently provides a library service to its community, a Regional Library service where two or more Councils enter into a management structure in which one of the Councils manages the library services on behalf of the others and a Co-operative Library structure where two or more Councils agree that one Council will provide a component or components of library service to the others.

For the purposes of this investigation staff consulted with representatives of the Riverina Regional Library Service, Western Riverina Libraries and held meetings with representatives of Narrandera Shire Council, to explore a range of possible options for the future of the Leeton Library.


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The Riverina Regional Library Service quoted Council an amount of $187,955 to become a member, which was judged to be unsustainable given it would not create any cost savings to Council. Western Riverina Libraries quoted an amount of $40,226.38 for a range of services that are currently undertaken by existing Leeton Library staff and therefore would not create any net benefit. As a result of these investigations it is recommended that at this point in time Council maintain a standalone library structure whilst also exploring further shared arrangements with Narrandera Shire Council such as: 1. Sharing of books through an interlibrary loan system. 2. Seeking joint grant funding for books and talking books as has been done

successfully in the past eg. Narlee collection of large print brooks. 3. Sharing of books through a bulk loan exchange eg. Romance novels. 4. Sharing transport costs for library training in other towns. 5. Sharing of local history resources and knowledge. 6. Staff with expertise in areas such as family history could run workshops in

either library. 7. Share the costs of visiting authors, guest speakers and performers. 8. Reciprocal staff sharing arrangements to cover periods of leave. The service from 1 July 2016 will continue with current Leeton Shire Council staff capacity and will realise the forecast 2016/17 financial savings. Plans are being developed to increase formal library training qualifications amongst the current staff. There will also be ongoing monitoring of staff capacity to sustain the current service. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of “Caring for our Health & Wellbeing” contained within Council’s adopted Delivery/Operational Plan, the following goals are to: 7C – “maintain and expand library services including online accessible material and cooperative arrangements with other library services”. 7E – “provide quality library services in line with Leeton Shire community requirements”. FINANCIAL IMPLICATIONS A saving of $60,137 has been achieved in the 2016/17 Annual Operating Plan. POLICY/LEGAL IMPLICATIONS Nil COMMUNITY ENGAGEMENT Nil


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RECOMMENDATION That Council resolve to maintain a standalone library structure whilst also exploring further shared arrangements with Narrandera Shire Council on a case by case basis.

ATTACHMENTS There are no attachments for this report


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ITEM 7.11 DEVELOPMENT APPLICATION

PROPOSAL DA 26/2016 – SHEARING SHED PROPERTY Lot 638, DP 704408 LOCATION Fivebough Road Leeton ZONING R2 Low Density Residential APPLICABLE PLANNING INSTRUMENT Leeton LEP 2014 EXISTING DEVELOPMENT Agriculture APPLICANT JE Patten OWNER JE Patten APPLICATION DATE 22 March 2016 REASON FOR REFERRAL Staff have no delegation to determine a DA

when an objection has been received FROM Manager Planning & Environment RELATED FILE NUMBER EF10/210

SUMMARY Proposal In July 2015 a shearing shed was erected without approval on residential zoned land used for agriculture. After discussions with the proponent and with neighbouring objectors, a development application was lodged which is now required to be determined. Type of Development Local development Consultation Meeting with objectors on 15 February 2016 as well as other various informal communications with applicant and objectors. Main Issues There are two main issues that need to be considered; firstly is a shearing shed permitted on this land, and secondly if it is deemed to be permitted can the likely impacts on the surrounding residents be mitigated. Adjoining objectors have identified the following concerns and impacts:

• Air quality impacts resulting from dust, odour and noise • Loss of amenity and visual impacts • Devaluation of property • Shed erected without approval


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SITE DESCRIPTION The subject land is Lot 638, DP 704408 Fivebough Road, Leeton and comprises 14.5 ha and was previously part of a larger rice farm which has also been grazed. The land is being used for sheep and wool production with reliance on supplementary and externally sourced feed. Slope - The subject site is flat. Vegetation - The subject site contains minimal vegetation, grass and some trees and/or bushes along the boundaries. Access - Access to the subject site is via Fivebough Road Services - No services are provided to the site. All are brought onto

the site when needed. Water is collected from the roof of the farm building into a small tank.

Adjoining uses North: Farming Land on the opposite side of Fivebough Road East: Farming Land South: Farming Land West: Farming Land and some residential dwellings on the opposite side of

the drainage channel LOCATION MAP

BACKGROUND A 29m2 (4.7m x 6.2m) steel shearing shed was erected in July 2015 without development approval to carry out shearing and crutching. The shed is situated approximately 600mm from the western boundary and is 25m from the nearest neighbouring dwelling.


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The erection of the shed has led to objections from adjoining neighbours being received in relation to noise, odour, dust and flies. Although retrospective approval cannot legally be given to a building erected without approval, Council can grant retrospective development approval to the shearing land use subject to statutory and merit based considerations. PROPOSAL IN DETAIL The land use involves buying and selling sheep on an opportunistic basis according to market forces. This means that there is no fixed number of sheep that will be accommodated at any one time as the land use is closely aligned to market forces, prices and dependent on seasonal conditions. Most of the time it is expected that 100 sheep would be grazed and finished on the property at any one time. Some supplementary feeding will be required and shearing and crutching is necessary from time to time to keep the sheep in good condition and manage flystrike. This will be undertaken no more than once a month in any 12 month period and for a duration of not more than 2 hours. ASSESSMENT UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 There are no State Environmental Planning Policies that apply in this instance. S79c(1)(a)(i) Any Environmental Planning Instruments (EPI’s) Leeton Local Environmental Plan 2014 Aims of Plan The Plan objectives are: (a) to encourage sustainable economic growth and development, (b) to preserve rural land for all forms of primary production, (c) to identify, protect, conserve and enhance Leeton’s natural assets, (d) to identify and protect Leeton’s built and cultural heritage assets for future

generations, (e) to allow for the equitable provision of social services and facilities for the

community, (f) to provide housing choices for the community, (g) to minimise land use conflicts and adverse environmental impacts, (h) to promote ecologically sustainable development. Zone Objectives Land Use Zone: R2 Low Density Residential


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The zone objectives are to: • Provide for the housing needs of the community within a low density

residential environment. • Enable other land uses that provide facilities or services to meet the day

to day needs of residents. • Ensure that a high level of residential amenity is achieved and

maintained.

In relation to this application: • The proposed development does not provide for the housing needs of the

community. • The proposed development does not directly provide facilities or services

to meet the day to day needs of residents, though by using the land for a primary production purpose the use is providing a local source of food and materials for everyday consumption.

• Residential amenity will be maintained if conditions of consent are applied to mitigate visual, odour, noise and dust impacts will residential amenity be maintained.

Land use and Permissibility The subject land is zoned R2 Low Density Residential under Leeton Local Environmental Plan 2014. The permissibility of the land use (shearing) in the zone has been subject to legal advice (refer attachment) which confirms:

- Agriculture is permissible in the zone. - Intensive livestock agriculture is prohibited in the zone. - Shearing as a subservient land use would be considered as ancillary to

agriculture. - The farm building erected on this land for the purposes of a shearing

shed will require development consent because it does not fit within the controls in the Exempt and Complying Development Codes – because: • It is within a residential zone and not in a rural zone • It is closer than 10m to the side boundary, • It is within 50m of an adjoining dwelling, and • Its metal components have not been designed and constructed in

accordance with the specifications of a professional engineer. There is some uncertainty about the regulation of the land use. Of concern is whether the agricultural use could be considered as intensive livestock keeping and thus be prohibited. If Council was of the view that the use relied wholly or substantially on externally sourced feed then the use would be prohibited in the zone. Were this the case, shearing as an ancillary land use could not be approved.


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Given that the applicant has advised that the sheep are not substantially fed through external supplementary feeding (just 50% fed through hay and pellets) and taking into account the potential stocking rate the use is not considered to constitute intensive livestock keeping and therefore can potentially be approved. Nature of the land use Proposed hours of operation: 30 mins to 2 hours once a month between

7:30am – 5.00pm Monday to Friday excluding public holidays

No of employees: 1 (part time) Equipment: Generator and diesel pump Traffic/Servicing: Stock truck deliveries/off loads 4 times per

year.

S79c(1)(b) The Likely Impacts of that Development Impacts and Mitigation Measures The applicant proposes to conduct shearing from within the shed and has committed to collect and remove wool and manure waste directly after shearing. Wool would be resold and manure would be reapplied to the farm as a soil enhancement. The potential impacts associated with the land use include: • Noise from generator. • Dust from sheep and vehicle movements. • Odour from sheep and sheep waste. • Flies. • Visual from the location and siting of the shed. Applicant proposed mitigation measures include: • Locating generator on the eastern side of the shed. • Conducting shearing within the shed. • Removal of all solid wastes (wool for sale and manure from land

application). • Watering down to prevent dust on windy days. • Vegetation screening at the boundary.

Comments on Mitigation Measures Noise from the generator and shearing operations in its current location without any alteration is likely to be heard within a habitable room of the neighbouring house and may exceed background levels by more than 5dBA unless mitigation measures such as increased setbacks, acoustic housing of the generator or vegetation screening are employed.


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Odour is unlikely to be significant for dry matter but could be exacerbated if manure was not regularly removed and disposed of away from residential receptors and provided the shearing did not take place in the wet. Flies can be controlled through removal of manure from the shed, chemical applications, best practice management regime and through separation from nearby residential receptors. The amenity of the area can be protected through increased setbacks, vegetation screening and embellishment which would also act to protect housing social and economic values. Given the restricted nature of the land use, it is expected that most impacts can be satisfactorily managed through imposition of a conditional approval provided that there was adequate separation between the shearing shed itself and the location of neighbouring dwellings. The minimum separation distance is recommended to be 50 m from the boundary of the property with conditions imposed to manage visual, noise, dust and odour impacts. A 10m landscaped buffer along part of the western side boundary of the property is also recommended.

State Environmental Planning Policy 44 Koala Habitat Protection Leeton shire is identified as being land to which State Environmental Planning Policy 44 Koala Habitat Protection (SEPP44) applies. Most of the land around the development is cleared and the trees that remain are not trees that have potential for Koala Habitats. Therefore SEPP44 does not apply. S79c(1)(c) The Suitability of the Site for the Development 1) Will the development have an adverse effect on the public domain?

The proposed development will not have a significant impact on the public domain.

2) Is the development likely to adversely impact/harm the environment in

terms of air quality, water resources and water cycle, acidity, salinity soils management or microclimatic conditions?

Impacts to air quality have already been discussed.

3) Does the property(s) have a past use associated with contamination?

No previous contaminating land use has been identified and site investigation is not warranted given the agricultural nature of the land use and minimal public health and amenity risks.


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4) Is the development likely to generate any adverse cumulative impacts?

The proposed development is not likely to cause cumulative impacts. 5) Are there risks to people, property or the biophysical environment from

natural or technological hazards?

There are no potential hazards associated with the proposed development.

6) Access, transport and traffic

(i) Has adequate provision been made for vehicle entry/exit, loading/unloading, internal manoeuvring and parking of vehicles within the development? There is adequate provision for vehicle access manoeuvring and

parking on the subject site.

(ii) Has the surrounding road system in the locality the capacity to accommodate the traffic generated by the proposed development? The proposed development is not likely to significantly increase local traffic and is not likely to affect the surrounding road system.

S79c(1)(d) Submissions The application was notified to neighbours for a period of 21 days, ending 15 April 2016. Council received two (2) submissions which are summarised below: Submission 1: Dated 5 April 2016 Summary:

• The shearing shed is within 50m of dwellings. • Concern for dust, smell and noise impacts. • Noise impacts generated from power generator. • Applicant failed to consult council or neighbours. • Applicant did not consider impact on lifestyle of neighbours. • Applicant pumps water from the MI drainage channel to fill dam using

diesel powered pump causing excessive noise. Submisson 2: Dated 13 April 2016 Summary:

• Concern over proximity of shearing shed to residential dwelling. • Concern for associated noise dust and pumping of water from MI

drainage channel for most of the day. • Applicant has not taken the amenity of neighbouring properties into

account.


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S79c(1)(e) Public Interest The application is not considered to be prejudicial to the public interest. Contributions Nil OPTIONS 1. Approve the Development Application with no conditions to mitigate adverse impacts due to noise, odour, dust, flies and visual intrusion.

2. Conditionally approve the Development Application subject to the recommendations of this report.

3. Refuse the development.

This option could potentially be considered by Council if they considered that the mitigation measures proposed were inadequate or unlikely to be easily complied with to ensure the protection of the residential amenity.

RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of “Enhancing & Preserving our Natural Assets” contained within Council’s adopted Delivery/Operational Plan, Goal 16C is to “ensure that compliance is met with regard to statutory provisions designed to protect the interests of the environment and the community”. FINANCIAL IMPLICATIONS Nil POLICY/LEGAL IMPLICATIONS Currently staff have no delegation to determine a development application where an objection has been received. Council is advised that the structure was erected without the required development approval and Council has decided not to take any compliance/enforcement action at this stage. COMMUNITY ENGAGEMENT A mediation meeting was held between the objectors and the proponent on 15 February 2016 after the erection of the shed and prior to the submission of the development application. On lodgement of the development application the proposal was notified to adjoining owners and two objections by neighbours was submitted (refer attachment)


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Other informal meetings or telephone discussions have been held with the proponent and objectors about the development. The issues raised in the objections have also been identified and discussed above.

RECOMMENDATION That: 1. Council pursuant to the provisions of Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, grant consent to Development Application No 26/2016 to use a shearing shed on Lot 638, DP 704408, Fivebough Road, Leeton subject to the following conditions: Implementation of Development

(i) The development shall be implemented in accordance with the plans received and approved by Council (as amended in red), the application form, any supporting information received with the application and the attached specifications.

{Reason: To ensure that the development proceeds in accordance with the approval issued by Council.}

Relocation of shed

(ii) The shearing shed shall be relocated on the subject site so that the structure is not closer than 50m from any boundary, and the final site is to be approved by Council.

{Reason:Mitigation of the impacts cannot be achieved at the current location of the shed}

Landscaping

(iii) A landscape plan prepared by a landscape architect or other suitably qualified landscape consultant shall be submitted to the Council for approval.

The plan shall provide for landscaping to reduce the potential visual, noise, dust and odour impacts to nearby sensitive receptors.

Plants chosen should be resilient and suitable for adaptation or survival in the Leeton environment with low water and energy dependency.

Landscaping shall be established prior to the Occupation Certificate and maintained for the life of the development.

{Reason: To reduce the noise and visual impact of the development on adjoining development}


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Construction Certificate

(iv) Prior to the erection of the shed, an application for Construction Certificate shall be submitted to and approved by council prior to the commencement of any building work.

{Reason: To ensure the applicant has submitted the appropriate documentation prior to the commencement of works.}

Activity not permitted

(v) No activity is to be carried out on site until the Construction Certificate has been issued, other than: a) Site investigation for the preparation of the construction,

and/or b) Implementation of environmental protection measures, such

as erosion control etc that are required by this consent. {Reason: To ensure the construction certificate is issued prior to the commencement of works.}

Hours of Operation

(vi) The approved hours of operation for the use of the shed for the purpose of shearing sheep (inclusive of the use of the generator) approved hours are from Monday to Friday between the hours of 7:30am to 5:00pm. The shed is not to be use for shearing of sheep on public holidays.

{Reason: To protect and preserve the amenity of the surrounding locality}

Noise Level

(vii) Noise from the development (LAeq) shall not exceed the background (LA90) by more than 5dB(A) at any time including any allowance for impulsiveness and tonal characteristics, when measured at the most affected residence.

The generator, when in use, is to be sited on the eastern side of the shed.

{Reason: To prevent the generation of a noise nuisance} Waste Disposal

(viii) All animal related waste as a result of shearing shall be removed from the shed within 24 hrs after each use of the shearing shed and is to be disposed of a minimum distance of 200m from the western boundary.

{Reason: To reduce build-up of material likely to produce offensive odours}


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Air Pollution

(ix) Air impurities as defined under the Protection of the Environment Operations Act 1997 shall not be released or emitted into the atmosphere in a manner which is prejudicial to the health and safety of occupants, the surrounding inhabitants or the environment.

{Reason: To maintain air quality for the benefit of the community} Entering and Exiting Site

(x) All vehicles shall enter and exit the subject land and proposed development in a forward direction. No reversing of vehicles onto the public roadway system will be permitted.

{Reason: To provide safety for the travelling public utilising the public roadways}

Loading and Unloading

(xi) All loading and unloading shall be completed within the site boundary. No vehicle shall stand or stop within the road reserve while loading and unloading is taking place

{Reason: To provide a level of safety to operators by having these practices undertaken on site and not from the public road.}

Stormwater runoff

(xii) Stormwater runoff from the development is to drain so that there is no increase in the post development stormwater runoff onto adjoining or nearby properties, including the road reserve.

{Reason: To drain the property of stormwater in a responsible manner that does not adversely impact on the adjoining land owners.}

Carrying out of work

(xiii) All works undertaken in carrying out the development are to be in accordance with the requirements of the NSW WorkCover Authority.

{Reason: It is the responsibility of the developer to provide a safe working environment for both the workers and visitors to the site.}

2. In accordance with S.375A of the Local Government Act 1993, a division of councillors be called to record the names of the councillors supporting the decision and the names of the councillors who opposed the decision.

ATTACHMENTS 1 Legal advice from Kell Moore dated 24 March 2016 2 Objectors' letter dated 5/4/2016 3 Objectors' letter dated 13/4/2016

Ordinary Council Meeting - Wednesday, 25 May 2016 DEVELOPMENT APPLICATION 26/2016 - ERECTION OF SHEARING SHED ON LOT 638, DP 704408

Attachment 1 - Legal advice from Kell Moore dated 24 March 2016 Page 67


Attachment 1 - Legal advice from Kell Moore dated 24 March 2016 Page 68


Attachment 2 - Objectors' letter dated 5/4/2016 Page 69


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ITEM 7.12 “ENVISAGE 2024” ECONOMIC DEVELOPMENT, TOURISM & EVENTS STRATEGIC PLAN

RECORD NUMBER 16/80


AUTHOR Economic Development Manager

SUMMARY The draft “Envisage 2024” Economic Development, Tourism and Events Strategic Plan has been created to provide strategic direction for the Economic Development, Tourism and Events services of Council. The draft document has been endorsed by the Tourism and Economic Development Committee and the recommendation is for Council to endorse the draft plan with the intent to place the plan on public exhibition for comment. This report was presented to the April 2016 Council meeting at which it was resolved that it be discussed at a future meeting. Since this meeting, elected members of Council’s Tourism and Economic Development Committee have met to revise and update the “Envisage 2024” Plan. BACKGROUND/COMMENT In the past Council adopted two separate strategies relating to Economic Development and Tourism; the Leeton Regional Development Strategy in 1995 and the 2008 Economic Development Strategy. These two plans are now out of date and require amendment to reflect current strategies. The goal for Council’s Tourism and Economic Development Committee was to develop and endorse a Strategic Plan which will increase investment, visitation and projects that drive population and jobs growth into the future. Council staff have worked with stakeholders to understand the greatest areas of need in Leeton and to identify opportunities and potential projects which will support continued economic growth, foster local employment opportunities and position Leeton as a leader in innovation. Stakeholders played a large role in providing feedback into the strengths, weaknesses, opportunities and threats in determining six core themes. The 6 core themes highlight the areas in which Council’s Economic Development, Tourism and Events team in partnership with the community and external stakeholders will work towards over the next 8 years, and include;


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Theme 1 – Business Growth & Attraction Theme 2 - Knowledge and Workforce Economy Theme 3 - Liveability Theme 4 - Enabling Infrastructure Theme 5 - Environmentally Sustainable Economy Theme 6 - Visitor Economy The “Envisage 2024” Strategic Plan is a living document, which will allow changes/modifications to be made as required. It will be formally reviewed once every four years. This will ensure that the document is relevant and that projects which have been delivered will no longer be listed and that future projects can take precedence. The “Envisage 2024” Strategic Plan is designed to be read in one sitting and easily downloadable. The plan dovetails into the Community Strategic Plan – Leeton Living Towards 2024 with 4 yearly reviews. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Priority Area of within Council’s adopted Delivery Program/Operational Plan Goal 18A is to “Seek ways to address the empty shop appearance in the central business district”, Goal 20B is to “Encourage establishment of business that will contribute significantly to job opportunities”, Goal 17A is to “Actively seek suitable business investment opportunities for our area” and strategy 19 is “Encouragement of visitation and widespread promotion of our areas of interest”. FINANCIAL IMPLICATIONS Nil POLICY/LEGAL IMPLICATIONS The “Envisage 2024” Economic Development, Tourism and Events Strategic Plan will create a relevant and active strategic framework to influence and guide Council’s future activities in the key areas of Economic Development, Tourism and Events. COMMUNITY ENGAGEMENT Consultation was held with the Tourism and Economic Development Committee, RDA-Riverina, NSW Industry, ICN Network, Port of Melbourne, ARTC, Leeton Chamber of Commerce and Industry, NSW Chamber, NSW DPI, Office of Environment and Heritage, local business and local industry.


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RECOMMENDATION That:

1. Council endorse the draft “Envisage 2024” Strategic Economic Development, Tourism and Events Strategic Plan.

2. The plan be placed on public exhibition for 28 days seeking

submissions.

3. If any submissions are received, a further report be prepared for Council. If no submissions are received, the policy will be considered as formally adopted by Council.

ATTACHMENTS 1 "ENVISAGE 2024" Economic Development, Tourism &

Events Strategic Plan Attached separately


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ITEM 7.13 SWIMMING POOL POLICY - REVISED

RECORD NUMBER 16/96


AUTHOR Environmental Health & Building Surveyor

SUMMARY Under section 22B of the Swimming Pools Act 1992, as amended in 2012, local authorities are required to carry out a program for the inspection of swimming pools in its area. In carrying out this function Council must also have a clear understanding of its responsibilities in both child safety and enforcement. A draft Swimming Pool Policy has been developed to provide Council officers and the community with clear guidelines on the approval, enforcement and inspection process for swimming pools in order to meet NSW Swimming Pool Regulations. BACKGROUND/COMMENT In 2012 a comprehensive review of the Swimming Pool Act 1992 was finalised. This review initiated a number of amendments designed to enhance the safety of children under the age of five years around private swimming pools in New South Wales. As a result, the Swimming Pools (Amendment) Act 2012 commenced on 29 October 2012. Under this amendment Act, Council introduced and commenced a mandatory swimming pool inspection program in October 2013. There are 520 known swimming pools in the Shire and since the inspection program commenced 200 pools have been inspected (38%). Results show that since the adoption of this program, Council has a first inspection pass rate of 38%, which is consistent with the rest of New South Wales. Currently Council has 61 pools that are considered non-compliant and a further 11 swimming pool compliance certificates that have yet to be paid for and collected by the owner. Currently non-compliance can be attributed to poor maintenance of the child resistant barrier including gates not latching and overgrown vegetation. Written notification to pool owners will highlight the non-compliant features attaching specific information and diagrams to enable a greater understanding of the outstanding issues. The draft policy has been developed to provide Council officers and the community with clear guidelines for approval, inspections and enforcement of


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the swimming pool regulations, meeting its legislative responsibilities and is based on industry standards. Once the draft policy is approved by Council it will be advertised for a period of twenty eight (28) days prior to formal adoption. If no public submissions are received it will be considered formally adopted at the end of the 28 day period. RELATIONSHIP TO DELIVERY PROGRAM/OPERATIONAL PLAN Under the Key Area of “Developing our Built Environment” contained within Council’s adopted Delivery/Operational Plan, Goal 28B “ensures compliance with built environment statutory provisions” and Goad 28F ‘provides approval and inspection services”. FINANCIAL IMPLICATIONS Nil POLICY/LEGAL IMPLICATIONS If this policy is adopted it will replace the Swimming Pool Inspection Policy adopted on 22 May 2013. Unless reviewed sooner, this policy will be reviewed on a 5-yearly cycle. COMMUNITY ENGAGEMENT The Policy will be displayed to the public for 28 days and comments sought accordingly.

RECOMMENDATION THAT Council: 1) Place the “Draft Revised Swimming Pool Policy” on public exhibition for

28 days. 2) If any submissions are received a further report be prepared for

Council. If no submissions are received the revised policy be considered as formally adopted by Council.

ATTACHMENTS 1 Leeton Draft Swimming Pool Policy

Ordinary Council Meeting - Wednesday, 25 May 2016 SWIMMING POOL POLICY - REVISED

Attachment 1 - Leeton Draft Swimming Pool Policy Page 77


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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.”

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