agenda of ordinary council meeting - 21 april 2020 · 21.04.2020 · minutes ordinary council...
TRANSCRIPT
AGENDA
Ordinary Council Meeting
Tuesday, 21 April 2020
Date: Tuesday, 21 April 2020
Time: 5pm
Location: Council Chambers, Market Street Balranald
Michael Kitzelmann
General Manager
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
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BALRANALD SHIRE COUNCIL
AGENDA
In Case of an emergency, for example a fire, please evacuate the building following the direction of the Administrator. The order to evacuate may be
signified by a council officer of myself. Please proceed to the assembly area (in front of police station) or in the car park across the road. An instruction to
evacuate to an area should be followed without delay to assist Council in ensuring the Health and Safety of all staff and visitors.
LIVE STREAMING OF COUNCIL MEETINGS PLEASE NOTE: This Council meeting is being streamed live, recorded, and broadcast online via Facebook. To those present in the gallery
today, by attending or participating in this public meeting you are consenting to your image, voice and comments being recorded and published. The Administrator and/or
General Manager have the authority to pause or terminate the stream if comments or debate are considered defamatory or otherwise inappropriate for publishing. Attendees are advised that they may be subject to legal action if they engage in unlawful behaviour or commentary
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
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Notice is hereby given that an Ordinary Meeting of Council will be held in the Council Chambers, Market Street Balranald on:
Tuesday, 21 April 2020 at 5pm
Order Of Business
1 Opening of Meeting ............................................................................................................. 5
2 Acknowledgement of country ............................................................................................. 5
3 Apologies ............................................................................................................................. 5
4 Confirmation of Minutes ...................................................................................................... 6
4.1 MINUTES OF THE COUNCIL MEETING HELD ON 17 MARCH 2020 ..................... 6
4.2 MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON 24 MARCH 2020 ......................................................................................................... 22
5 Disclosure of Interest ........................................................................................................ 33
6 Administrator Minute/Report ............................................................................................ 34
6.1 ADMINISTRATOR'S MINUTE - NON RESIDENTIAL SEWERAGE CHARGES ..... 34
7 Committee Reports for Adoption ...................................................................................... 39
7.1 BALRANALD TOURISM COMMITTEE - <13TH MARCH 2020> ............................ 39
General Manager’s Reports (incorporating all staff reports) ................................................... 41
Part A – Items Requiring Decision ............................................................................................. 41
8 General Manager’s Reports .............................................................................................. 41
8.1 ADOPTION OF MODEL CODE OF MEETING PRACTICE .................................... 41
8.2 POLICY - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR ADMINISTRATOR, MAYOR AND COUNCILLORS ................................................ 42
9 Corporate & Community Services Reports ...................................................................... 43
Nil
10 Infrastructure & Development Reports ............................................................................ 44
10.1 NOMINATIONS FOR THE WESTERN JOINT REGIONAL PLANNING PANEL ..... 44
10.2 DA 28/2020 - SUBDIVISION OF WESTERN LANDS LEASE - STURT HWAY EUSTON ................................................................................................................ 46
10.3 DA 29/2020 GAREFFA PARADE EUSTON ........................................................... 51
10.4 DRAFT COMMUNITY PARTICIPATION PLAN ...................................................... 58
10.5 DRAFT LOCAL STRATEGIC PLANNING STATEMENT ........................................ 60
10.6 INFRASTRUCTURE REPORT ............................................................................... 62
Part B – Items for Information .................................................................................................... 69
11 General Manager’s Reports .............................................................................................. 69
11.1 CORRESPONDENCE ............................................................................................ 69
11.2 OUTSTANDING ACTIONS .................................................................................... 70
12 Corporate & Community Services Reports ...................................................................... 71
12.1 TOURISM REPORT ............................................................................................... 71
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
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12.2 COUNCIL FINANCIAL REPORT - MARCH 2020 ................................................... 74
12.3 STATEMENT OF FUNDS: 31 MARCH 2020 .......................................................... 81
13 Infrastructure & Development Reports ............................................................................ 86
13.1 PLANNING ADMINISTRATION ............................................................................. 86
14 Notice of motion / Questions on Notice ........................................................................... 88
Nil
15 Confidential Matters .......................................................................................................... 88
Nil
16 Closure of Meeting ............................................................................................................. 88
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
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1 OPENING OF MEETING
The Council’s Charter
(Chapter 3. Section 8 (1) Local Government Act 1993)
(1) A Council has the following charter:
To provide directly or on behalf of other levels of government, after due consultation, adequate and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;
To exercise community leadership;
To exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;
To promote and to provide and plan for the needs of children;
To properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;
To have regard to the long term and cumulative effects of its decisions;
To bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;
To facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government;
To raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;
To keep the local community and the State government (and through it, the wider community) informed about its activities;
To ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected;
To be a responsible employer.
(2) A council, in the exercise of its functions, must pursue its charter but nothing in the charter or this section gives rise to, or can be taken into account in, any civil cause of action.
2 ACKNOWLEDGEMENT OF COUNTRY
Acknowledgement of Country
We pay our respect to the Traditional Custodians of the Lands where we hold this meeting and pay our respects to Elders past, present and emerging.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3 APOLOGIES
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 4.1 Page 6
4 CONFIRMATION OF MINUTES
4.1 MINUTES OF THE COUNCIL MEETING HELD ON 17 MARCH 2020
Record Number: D20.29795
Authorising Officer: Ray Davy, Acting General Manager
OFFICER RECOMMENDATION
1. That the Minutes of the Council Meeting held on 17 March 2020 as presented be taken as read and confirmed.
ATTACHMENTS
1. Minutes of the Council Meeting held on 17 March 2020
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 7
MINUTES
Ordinary Council Meeting
Tuesday, 17 March 2020
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 8
Order Of Business
1 Opening of Meeting ............................................................................................................. 4
2 Acknowledgment of country ............................................................................................... 4
3 Apologies ............................................................................................................................. 4
4 Confirmation of Minutes ...................................................................................................... 4
4.1 MINUTES OF THE COUNCIL MEETING HELD ON 18 FEBRUARY 2020 .............. 4
5 Disclosure of Interest .......................................................................................................... 5
6 Administrator Minute/Report .............................................................................................. 5
7 Committee Reports for Adoption ........................................................................................ 5
7.1 EUSTON BEAUTIFICATION & TOURISM MANAGEMENT COMMITTEE - 3RD MARCH 2020 ................................................................................................... 5
7.2 LEMC - MINUTES FEBRUARY 2020 ....................................................................... 5
7.3 BALRANALD TOURISM COMMITTEE MEETING 20TH FEBRUARY 2020 ............. 5
General Manager’s Reports (incorporating all staff reports) ..................................................... 6
Part A – Items Requiring Decision ............................................................................................... 6
8 General Manager’s Reports ................................................................................................ 6
8.1 REVIEW OF COMMITTEES & DETERMINATION OF COMMITTEE FUNCTIONS & POWERS ........................................................................................ 6
8.2 UPCOMING CONFERENCES FOR 2020 ................................................................ 7
8.3 ENDORSEMENT OF THE DRAFT COMMUNITY ENGAGEMENT STRATEGY .............................................................................................................. 7
9 Corporate & Community Services Reports ........................................................................ 8
9.1 TOURISM MONTHLY FINANCIAL REPORT ........................................................... 8
9.2 BIDGEE HAVEN HOSTEL FINANCIAL REPORT .................................................... 8
9.3 DROUGHT COMMUNITIES GRANT OPPORTUNITIES PROCEDURE .................. 9
9.4 WATER LEAK POLICY ............................................................................................ 9
9.5 FINANCIAL ASSISTANCE - HOMEBUSH RESERVE MANAGEMENT COMMITTEE ......................................................................................................... 10
9.6 FINANCIAL ASSISTANCE - HOMEBUSH RODEO COMMITTEE ......................... 10
9.7 BALRANALD CARAVAN PARK FINANCIAL REPORT .......................................... 11
10 Infrastructure & Development Reports ............................................................................ 12
10.2 BALRANALD WATER TREATMENT PLANT ......................................................... 12
10.3 INFRASTRUCTURE UPDATE ............................................................................... 12
Part B – Items for Information .................................................................................................... 13
11 General Manager’s Reports .............................................................................................. 13
11.1 OUTSTANDING ACTIONS .................................................................................... 13
12 Corporate & Community Services Reports ...................................................................... 13
12.1 TOURISM REPORT ............................................................................................... 13
12.2 STATEMENT OF FUNDS: 29 FEBRUARY 2020 ................................................... 14
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 9
12.3 COUNCIL FINANCIAL REPORT - FEBRUARY 2020............................................. 14
13 Infrastructure & Development Reports ............................................................................ 14
13.1 PLANNING ADMINISTRATION ............................................................................. 14
14 Notice of Motion / Questions on Notice ........................................................................... 15
Nil
15 Confidential Matters .......................................................................................................... 15
Nil
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 10
MINUTES OF BALRANALD SHIRE COUNCIL ORDINARY COUNCIL MEETING
HELD AT THE COUNCIL CHAMBERS, MARKET STREET BALRANALD ON TUESDAY, 17 MARCH 2020 AT 5PM
1 OPENING OF MEETING
The meeting was declared opened by Mike Colreavy at 5pm on 17 March 2020.
2 ACKNOWLEDGMENT OF COUNTRY
An acknowledgement of the traditional custodians of the land was delivered by the Administrator, Mr Mike Colreavy.
PRESENT:
Mike Colreavy
IN ATTENDANCE:
Ray Davy (Director Infrastructure & Development), Michael Kitzelmann (General Manager), Carol Holmes (Senior Executive Officer)
3 APOLOGIES
RESOLUTION 2020/31
Moved: Mike Colreavy
That apologies from Terri Bilske (Director Corporate & Community Services) be received and accepted with leave of absence granted.
CARRIED
4 CONFIRMATION OF MINUTES
4.1 MINUTES OF THE COUNCIL MEETING HELD ON 18 FEBRUARY 2020
RESOLUTION 2020/32
Moved: Mike Colreavy
That the minutes of council meeting held on 18 February 2020 as presented with the amendments to 2020/9, 2020/11, 2020/13, 2020/14, 2020/15, 2020/16, 2020/17, 2020/19, 2020/20, 2020/21, 2020/22, 2020/29 and changes referring to DA 26/2020 resolution number 2020/17 be taken as read and confirmed.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 11
5 DISCLOSURE OF INTEREST
There were No Disclosure of Interests.
6 ADMINISTRATOR MINUTE/REPORT
There were No Administrator Minutes/Reports
7 COMMITTEE REPORTS FOR ADOPTION
7.1 BALRANALD TOURISM MANAGEMENT COMMITTEE – 20TH FEBRUARY 2020
RESOLUTION 2020/33
Moved: Mike Colreavy
That the Minutes of the Balranald Tourism Committee meeting held on 20th February 2020 be received and noted for information.
CARRIED
7.2 EUSTON BEAUTIFICATION & TOURISM COMMITTEE MEETING 3RD MARCH 2020
RESOLUTION 2020/34
Moved: Mike Colreavy
1. That the Minutes of the Euston Beautification & Tourism Management Committee meeting held on Tuesday 3rd March 2020 be received noted, and
2. That Council re-engage with National Parks and Wildlife Service advocating for the installation of a Boat Ramp on the lower side of the Euston/Robinvale Weir for the purposes of pleasure boating and emergency access to the western lower Murray River.
CARRIED
7.3 LEMC - MINUTES FEBRUARY 2020
RESOLUTION 2020/35
Moved: Mike Colreavy
That the Draft Minutes of the LEMC meeting held on 13th February 2020 be received and noted.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 12
GENERAL MANAGER’S REPORTS (INCORPORATING ALL STAFF REPORTS)
PART A – ITEMS REQUIRING DECISION
8 GENERAL MANAGER’S REPORTS
8.1 REVIEW OF COMMITTEES & DETERMINATION OF COMMITTEE FUNCTIONS & POWERS
PURPOSE OF REPORT
To advise Council on the current situation with Advisory Committees and propose a restructure of the current committees.
Our Advisory Committees serve as one of the few mechanisms for sustained input into local decision making1. In the scheme of Council’s Community Engagement Strategy, Advisory Committees offer Council a unique opportunity to collaborate with our communities to reach the strategic objectives of our Community Strategic Plan. This is especially critical having regard to the current period of Administration and the need to provide the Community with direct feedback loops into Council operations into the future.
RESOLUTION 2020/36
Moved: Mike Colreavy
1. That this report be received and noted.
2. That the Administrator and the Executive hold a workshop to review the structure and function of current Council Committees and establish a revised draft structure of Advisory Committees for establishment in FY2020-21.
3. That the workshops be conducted between Monday 30 March and Friday 3 April covering Balranald, Euston, Clare, Homebush and Oxley
4. That Council actively participate in a Community Engagement process to ensure that the proposed Committee structure reflects community aspirations and to ensure a higher level of Community participation.
5. That Advisory Committees currently active be allowed to continue in their function until such time as a new structure of Advisory Committees is adopted.
CARRIED
1 “The Role and Future of Citizen Committees in Australian Local Government”, Australian Centre of
Excellence for Local Government, 2013
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 13
8.2 UPCOMING CONFERENCES FOR 2020
PURPOSE OF REPORT
To advise Council of the forthcoming conferences which council is usually represented at.
RESOLUTION 2020/37
Moved: Mike Colreavy
That council be represented by the Administrator and relevant staff person at each of the conferences listed in the report subject to suitable arrangements flowing on from the difficulties faced from the results of Convid-19 virus.
CARRIED
8.3 ENDORSEMENT OF THE DRAFT COMMUNITY ENGAGEMENT STRATEGY
PURPOSE OF REPORT
To present to Council a Draft Community Engagement Strategy for endorsement.
The Community Engagement Strategy 2020–2024 aims to help Balranald Shire citizens understand how and when Council will engage with them, and how they can have a real say on issues that affect their future. It also reflects the growing demands being placed on small regional Councils – through both legislative changes and growing community expectations – to ensure that the community and other key stakeholders can influence decision-making processes. The Strategy draws on the enthusiasm of both the Council Administrator and his Executive Leadership Team, who are determined to deliver better community engagement by applying the latest ideas and techniques. Empowering our people through community engagement is one of Council’s top priorities. We welcome the experience, imagination and know-how the various Balranald Shire communities can contribute to Council’s work.
RESOLUTION 2020/38
Moved: Mike Colreavy
1. That this report be received and noted.
2. That Council endorse the Draft Community Engagement Strategy (Attachment 1) for public exhibition.
3. That Council actively participate in a Community Engagement process to ensure that the proposed Community Engagement Strategy reflects community expectations on how Council will engage.
4. That public workshops be held in Balranald, Euston, Clare, Homebush and Oxley in mid-April.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 14
9 CORPORATE & COMMUNITY SERVICES REPORTS
9.1 TOURISM MONTHLY FINANCIAL REPORT
PURPOSE OF REPORT
The purpose of the Tourism Financial Review report is to provide Council with accurate and timely reporting of Revenue, Expenditure and Capital Works against the adopted Operational and Capital Works budget in relation to the Tourism Department of Council.
RESOLUTION 2020/39
Moved: Mike Colreavy
1. That Council Receives and Notes the Tourism Monthly Financial Report to 29 February
2020.
2. That the Tourism Financial Report be presented quarterly incorporated in the Quarterly
Budget Review process presented in December, March, June and September of each calendar year.
CARRIED
9.2 BIDGEE HAVEN HOSTEL FINANCIAL REPORT
PURPOSE OF REPORT
The purpose of the Financial Review Report is to provide Council with accurate and timely reporting of revenue and expenditure against the adopted Operational and Capital Works budget in relation to the Bidgee Haven Retirement Hostel.
RESOLUTION 2020/40
Moved: Mike Colreavy
1. That Council Receives and Notes the February 2020 Financial Report for the Bidgee Haven Retirement Hostel.
2. That the Bidgee Haven Financial Report be presented quarterly incorporated in the Quarterly Budget Review process presented in December, March, June and September of each calendar year.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 15
9.3 DROUGHT COMMUNITIES GRANT OPPORTUNITIES PROCEDURE
PURPOSE OF REPORT
The purpose of this report is to seek Council adoption of the Drought Communities Grant Opportunities Procedure.
Under the round 2 Drought Communities Grant Program administered by the Federal Government, Balranald Shire Council submitted a project plan and Grant Application for $100,000 towards Community Events and $150,000 towards the upgrade of Community Facilities. These funding allocations were established to allow for the upgrade of Community Halls and Facilities such as Shade Shelters, Children’s Playgrounds and for the repair and maintenance on built assets.
Recent activities within the Shire around Community Events have focused on the need to provide support for mental wellbeing. The funding allocation has been developed to allow for the continuation of these events in conjunction with the financial support of events that will provide respite from the impacts of drought.
RESOLUTION 2020/41
Moved: Mike Colreavy
1. That Council adopts the proposed Drought Communities Grant Opportunities Procedure;
2. That Council requests the General Manager to engage with community groups in the rural areas of the Balranald Shire to encourage participation in the Drought Communities Grant Program.
CARRIED
9.4 WATER LEAK POLICY
PURPOSE OF REPORT
Council has received several applications for the write-off of fees and charges or relief from fees and charges associated with charges relating to the provision of water services to both residential and commercial properties. As a result of these requests, Council conducted research into the management procedures adopted by other rural Councils in NSW. Subsequent to this research Council has developed a draft policy for consideration. As such, the Draft Policy is presented for endorsement and approval to place the Policy on public exhibition for public comment.
RESOLUTION 2020/42
Moved: Mike Colreavy
1. That Council endorses the Draft Water Leak Policy,
2. The Draft Water Leak Policy be placed on exhibition and advertised for a period of 28 days for public comment and any public comments be reported back to the May Ordinary Council Meeting.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 16
9.5 FINANCIAL ASSISTANCE - HOMEBUSH RESERVE MANAGEMENT COMMITTEE
PURPOSE OF REPORT
To seek approval of Council for the provision of Drought Communities Grant funding to the Homebush Reserve Management Committee. The Homebush Reserve Management Committee requested funding from Council. At the Council meeting held on 18 February 2020, Council resolved to consider the $25,000 donation request once the Drought Communities Assistance funding policy had been adopted. The Procedure has subsequently been developed and has been presented as part of this business paper for approval. As such, Council is seeking approval to provide $10,000 in grant funding in accordance with the guidelines contained within the procedure.
Homebush Reserve Management Committee with the support of Balranald Field and Game Club, Homebush Recreation Club, Homebush Landcare Group and NSW RFS Homebush Brigade are seeking funding via a grant with Federal Government drought support. The grant would enable the Homebush Reserve Committee to upgrade the reserve hall.
The hall is in need of repair works and upgrading/maintenance to enable the already committed events in the hall to occur throughout this year. This will include, insulating and lining of the main hall, upgrade and relocating of electrical fittings and the installation of an air conditioner and the purchase of a shipping container for storage purposes.
RESOLUTION 2020/43
Moved: Mike Colreavy
1. That Council accepts the application dated 6 January 2020 as a compliant application
under Drought Communities Grant funding, and
2. That Council approves the donation of $10,000 to the Homebush Reserve Management
Committee for the purposes of upgrading the Homebush Recreation Reserve Trust Hall.
CARRIED
9.6 FINANCIAL ASSISTANCE - HOMEBUSH RODEO COMMITTEE
PURPOSE OF REPORT
To seek approval of Council for the provision of Drought Communities Grant funding to the Homebush Recreation Reserve Rodeo Committee. The Homebush Rodeo Committee requested funding from Council. At the Council meeting held on 18 February 2020, Council resolved to assist with in-kind usage of water trucks and barrier fencing. Council decided to consider the $20,000 donation request once the Drought Communities Assistance funding policy had been adopted. The Procedure has subsequently been developed and has been presented as part of this business paper for approval. As such, Council is seeking approval to provide $10,000 in grant funding in accordance with the guidelines contained within the procedure.
RESOLUTION 2020/44
Moved: Mike Colreavy
1. That Council accepts the application dated 4 January 2020 as a compliant application under Drought Communities Grant funding, and
2. Council approves the donation of $10,000 to the Homebush Rodeo Committee for the 2020 Rodeo Event.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 17
9.7 BALRANALD CARAVAN PARK FINANCIAL REPORT
PURPOSE OF REPORT
The purpose of this report is to present accurate and transparent financial information pertaining to the Balranald Caravan Park from financial year 2013/14 to February 2020.
The report highlights the previous operating results and the current operating tempo post Council’s current management structure being implemented. The data demonstrates significant variances over time including increases in revenue and expenses over the reporting period. Although the reporting demonstrates significant increases in revenue and expenses for the 2019/20 financial year, these need to be considered in line with the transition from a Lessee management structure to a Council management structure. It is expected that the reporting results will normalise over the next twelve months with a forecast net positive increase result and subsequent increase in the Caravan Park Reserve.
RESOLUTION 2020/45
Moved: Mike Colreavy
1. That Council Receives and Notes the Balranald Caravan Park Financial Report from 2013/14 to February 2020 Inclusive,
2. That the Balranald Caravan Park Financial Report be presented quarterly incorporated in the Quarterly Budget Review process presented in December, March, June and September of each calendar year.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 18
10 INFRASTRUCTURE & DEVELOPMENT REPORTS
10.1 DA 23/2020 PROPOSED EIGHT (8) ACCOMMODATION UNITS
PURPOSE OF REPORT
To seek Council consent under Part 4 of the Environmental Planning & Assessment Act 1979 for eight (8) detached accommodation units on Lot 9 Section 2 DP 758402, 36 Cowper St, Euston.
RESOLUTION 2020/46
Moved: Mike Colreavy
That consideration of DA 23/2020 be postponed to be determined at an Extraordinary Meeting of Council to be held on 24 March 2020 with a public forum to commence at 2pm with the extraordinary meeting to follow at 2.30pm.
CARRIED
10.2 BALRANALD WATER TREATMENT PLANT
PURPOSE OF REPORT
This report sets out the steps taken to date and now proposed in order to enable a new water treatment plant (WTP) for Balranald to be commissioned ahead of the 2020-21 summer. This involves the implementation of an approach endorsed by Council in late 2019 to accelerate the procurement of a new plant in parallel with negotiations over grant funding for the facility.
RESOLUTION 2020/47
Moved: Mike Colreavy
1. That Microfloc Pty Ltd be selected as preferred contractor for the design of a new water treatment plant for Balranald; and
2. Council approves the expenditure of up to $200,000 for design development works, funded through the Water Reserve, ahead of any commitment to proceed with construction;
3. That Microfloc Pty Ltd be appointed to construct a new water treatment plant subject to design and funding approval by NSW Water.
CARRIED
10.3 INFRASTRUCTURE UPDATE
PURPOSE OF REPORT
This is a monthly report to update Council on infrastructure works currently in hand and in planning.
RESOLUTION 2020/48
Moved: Mike Colreavy
That the monthly update of infrastructure projects be received and noted.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 19
PART B – ITEMS FOR INFORMATION
11 GENERAL MANAGER’S REPORTS
11.1 OUTSTANDING ACTIONS
PURPOSE OF REPORT
To bring forward for information the Action Report with actions taken on previous council resolutions
RESOLUTION 2020/49
Moved: Mike Colreavy
That the report be received and noted.
CARRIED
12 CORPORATE & COMMUNITY SERVICES REPORTS
12.1 TOURISM REPORT
PURPOSE OF REPORT
To provide Council with an update on Tourism Activity for the month of February 2020.
Tourism Monthly Statistics Reporting for the month of February 2020 details the reduction to visitor numbers over this period, similar to years dating back to 2017. February is historically the quietest month for visitation.
Discovery Centre – Interpretive Pavilion
The Interpretive Pavilion remains closed due to ongoing problems with various pieces of equipment. The water feature has had leakages dating back to the opening of the building and the electrical faults affecting the touch screen and the back cinema have continued to be a challenge for the technicians over some years. The projectors in the round cinema constantly lose alignment and we have been advised that the cost to repair is greater than the value of the equipment.
Planning on the future of the Discovery Centre Precinct development is still in its early discussions stage, with community consultation to be a high priority moving forward.
RESOLUTION 2020/50
Moved: Mike Colreavy
That the report be received and noted.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 20
12.2 STATEMENT OF FUNDS: 29 FEBRUARY 2020
PURPOSE OF REPORT
The purpose of this report is to:
1. To advise Council of the balance of funds and investments held for the month ending 29
February 2020;
2. Certify that Council’s investments have been made in accordance with the Local Government Act 1993 (Section 625), the Local Government (General) Regulation 2005 (Section 212) and Council’s Investment Policy, which was adopted by Council on the 17 October 2017
RESOLUTION 2020/51
Moved: Cr Mike Colreavy
That Council receives and notes the Statement of Funds for the period ending 29 February 2020.
CARRIED
12.3 COUNCIL FINANCIAL REPORT - FEBRUARY 2020
PURPOSE OF REPORT
The purpose of the Financial Review report is to provide Council with accurate and timely reporting of income and expenditure against the adopted 2019-20 Operational and Capital Works budget.
RESOLUTION 2020/52
Moved: Mike Colreavy
1. That the report on the Financial Review against Councils Operation Plan to 29 February 2020 be received and noted.
2. That the Financial Review Report be presented quarterly incorporated in the Quarterly Budget Review process presented in December, March, June and September of each calendar year.
CARRIED
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.1 Page 21
13 INFRASTRUCTURE & DEVELOPMENT REPORTS
13.1 PLANNING ADMINISTRATION
PURPOSE OF REPORT
To advise Council of activities in the Planning area
RESOLUTION 2020/53
Moved: Mike Colreavy
That the report be noted
CARRIED
14 NOTICE OF MOTION / QUESTIONS ON NOTICE
Nil
15 CONFIDENTIAL MATTERS
Nil
The Meeting closed at 6.38pm.
The minutes of this meeting were confirmed at the Council Meeting held on 21 April 2020.
...................................................
CHAIRPERSON
...................................................
GENERAL MANAGER
ORDINARY COUNCIL MEETING MINUTES 17 MARCH 2020
Item 4.2 Page 22
4.2 MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON 24 MARCH 2020
Record Number: D20.29796
Authorising Officer: Ray Davy, Acting General Manager
OFFICER RECOMMENDATION
1. That the Minutes of the Extraordinary Council Meeting held on 24 March 2020 as presented be taken as read and confirmed.
ATTACHMENTS
1. Minutes of the Extraordinary Council Meeting held on 24 March 2020
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 23
MINUTES
Extraordinary Council Meeting
Tuesday, 24 March 2020
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 24
Order Of Business
1 Opening of Meeting ............................................................................................................. 3
2 Acknowledgment of country ............................................................................................... 3
3 Apologies ............................................................................................................................. 3
4 Disclosure of Interest .......................................................................................................... 4
5 Administrator Minute/Report .............................................................................................. 4
5.1 ADMINISTRATOR MINUTE - COVID-19: CONSIDERATIONS & ANTICIPATED IMPACTS ON COUNCIL OPERATIONS ......................................... 4
General Manager’s Reports (incorporating all staff reports) ..................................................... 5
Part A – Items Requiring Decision ............................................................................................... 5
6 Infrastructure & Development Reports .............................................................................. 5
6.1 DA 23/2020 PROPOSED EIGHT (8) ACCOMMODATION UNITS ........................... 5
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 25
MINUTES OF BALRANALD SHIRE COUNCIL EXTRAORDINARY COUNCIL MEETING
HELD AT THE COUNCIL CHAMBERS, MARKET STREET BALRANALD ON TUESDAY, 24 MARCH 2020 AT 2.00PM
1 OPENING OF MEETING
2 ACKNOWLEDGMENT OF COUNTRY
PRESENT:
Chairperson Mike Colreavy
IN ATTENDANCE:
Ray Davy (Director Infrastructure & Development), Michael Kitzelmann (General Manager), Carol Holmes (Senior Executive Officer)
3 APOLOGIES
RECOMMENDATION
That apologies from Terri Bilske (Director Corporate & Community Services) be received and accepted with leave of absence granted.
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 26
4 DISCLOSURE OF INTEREST
There were no Disclosure of Interests
Mike colreavy moved the meeting to a public forum to allow the residents of euston to address the meeting regarding Item 6.1 DA 23/2020 Proposed Eight (8) Accommodation Units.
Mr Frank Zappia was the spokesperson to address the meeting.
Mr Zappia advised that the residents were concerned about the following;
Number of occupancies in the units
Foundations – whether they be concrete or wooden
Presentation of Units – 2 blocks of land with 8 units would be too crowded.
No mention on plans for fencing requirements
Accommodation – fixed carports would be better appropriate
Beatufication of the units, eg. Landscaping etc
Maintenance, gardens and upkeep of units
Noise could be a possible problem if each units is filled with 4 adults each
Traffic could be a concern with number of units and tenants in each, if each tenant had a vehicle coming and going
Amanda Brice also enquired about the number of vehicles for units. If each unit was filled with 4 adults and each had vehicles this could be a safety concern for children riding bikes along the street.
Also enquired whether the land was zoned as commercial or residential for rating purposes.
Michael Kitzelmann advised the public that we were now entering back to the meeting and public were to make no comments.
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 27
5 ADMINISTRATOR MINUTE/REPORT
5.1 MAYORAL MINUTE - COVID-19: CONSIDERATIONS & ANTICIPATED IMPACTS ON COUNCIL OPERATIONS
RESOLUTION 2020/54
Moved: Chairperson Mike Colreavy
1. That Council notes and receives the report.
2. That due to the current COVID-19 emergency, instead of holding public workshops as resolved on 17 March 2020, Council conduct upcoming public consultation for the draft Community Engagement Strategy and the proposed Advisory Committees through the use of webinars and public surveys or other appropriate means.
3. That Council authorises the General Manager to close all Council owned public venues on an escalation assessment basis as the impact and intensity of the COVID-19 emergency affects the community. The focus of these closures is to be based on the protection and wellbeing of the Staff and Community, and
4. The proposed venues for closure include: (a) The Balranald Library, (b) The Balranald Visitor Information Centre, (c) The Theatre Royal, (d) The Greenham Park Hall, (e) The CWA Hall, (f) The Senior Citizens Hall, and (g) The Football Club,
5. In addition, the operating hours and closure of the Council Administration building will be
reviewed on a daily basis with information sharing and continuity of services to the community being delivered through alternative methods. Further consideration for the ongoing operation of the Balranald Caravan Park will be assessed on a needs basis for the Cabins only, at this time.
CARRIED
The meeting adjourned at 3pm for Mr Mike Colreavy to consider the report and objections from Euston residents. The meeting re-commenced at 3.30pm.
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 28
GENERAL MANAGER’S REPORTS (INCORPORATING ALL STAFF REPORTS)
PART A – ITEMS REQUIRING DECISION
6 INFRASTRUCTURE & DEVELOPMENT REPORTS
6.1 DA 23/2020 PROPOSED EIGHT (8) ACCOMMODATION UNITS
PURPOSE OF REPORT
To seek Council consent under Part 4 of the Environmental Planning & Assessment Act 1979 for eight (8) detached accommodation units on Lot 9 Section 2 DP 758402, 36 Cowper St, Euston.
RESOLUTION 2020/55
Moved: Chairperson Mike Colreavy
(Division)
That Council approves Development Application 23/2020 for eight (8) detached accommodation units on Lot 9 Section 2 DP 758402, 36 Cowper St, Euston, subject to the following Draft Conditions of Consent:
Terms of Approval
The reasons for the imposition of conditions are:
1) To ensure a quality urban design for the development which complements the surrounding environment.
2) To maintain neighbourhood amenity and character.
3) To ensure compliance with relevant statutory requirements.
4) To provide adequate public health and safety measures.
5) Because the development will require the provision of, or increase the demand for, public amenities and services.
6) To ensure the utility services are available to the site and adequate for the development.
7) To prevent the proposed development having a detrimental effect on adjoining land uses.
8) To minimise the impact of development on the environment.
Conditions
1. The development must be carried out in accordance with:
(a) Coolibah Cabins Plan Set Job No. 19-080 Sheets 1 to 5
(b) Statement of Environmental Effects prepared by Roy Costa Planning & Development 20/11/2019.
(c) Roy Costa email dated 26/02/2020, describing that the units are to be constructed on site.
except as amended in accordance with any conditions of this consent.
Where there is inconsistency between the Statement of Environmental Effects and supporting documentation and the conditions of approval, the conditions of approval prevail to the extent of the inconsistency.
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 29
2. All building work shall be carried out in accordance with the provisions of the Local Government Act 1993, The National Construction Code 2019, relevant Australian Standards and The Environmental Planning & Assessment Act 1979, regardless of any omission in the documentation submitted for approval.
3. In accordance with the provisions of the Environmental Planning & Assessment Act 1979 construction works approved by this consent must not commence until:
(a) A Construction Certificate has been issued by Council or an Accredited Certifier. Either Council or an Accredited Certifier can act as the “Principal Certifying Authority.”
(b) A Principal Certifying Authority has been appointed and Council has been notified in writing of the appointment.
(c) At least two days’ notice, in writing has been given to Council of the intention to commence work.
The documentation required under this condition must show that the proposal complies with all Development Consent conditions and is not inconsistent with the approved plans, the National Construction Code and the relevant Australian Standards.
4. In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, the applicant must pay a long service levy at the prescribed rate of 0.35% of the total cost of the work to either the Long Service Payments Corporation or Council for any work costing $25,000 or more. The Long Service Levy is payable prior to the issue of a Construction Certificate. Details demonstrating compliance are to be submitted to the Certifying Authority.
5. Prior to the commencement of installation, the proponent shall lodge with Council, and receive approval for the following other listed Section 68 Local Government Act 1993 approvals:
(a) carry out water supply work
(b) carry out sewerage work
(c) carry out stormwater drainage work
6. Suitable hoardings to ensure the protection of the public are to be erected and separately approved by Council prior to commencement of work.
7. Finished floor level is to be established so as to minimise the potential for storm water inundation of the buildings.
8. No portion of the building - including footings, eaves, overhang and service pipes - shall encroach into any easement or deemed easement.
9. Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.
10. Off-street car parking spaces shall be provided upon the site in accordance with the approved plans and be constructed in accordance with accepted engineering practice and/or guidelines.
11. All resident parking associated with the development is to be onsite.
12. All trafficable grates installed within the driveway system shall be designed and installed in a manner that prevents nuisance by way of noise when vehicles drive over them.
13. All vehicle movements to and from the allotment must be a forward direction.
14. A sign is to be erected in a prominent position on the work site showing:
(a) the name, address and telephone number of the principal certifying authority for the work, and
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 30
(b) the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c) that unauthorised entry to the site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.
15. Any alterations to existing surface levels on the site shall be undertaken in such a manner as to ensure that no additional surface water is drained onto or impounded on adjoining properties. Stormwater discharge points must not result in the concentration of stormwater flows, increased flow velocities or potential erosion issues.
16. Soil erosion control measures shall be implemented on the site.
17. All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 8.00 am to 5.00 pm Saturdays and no work permitted on Sundays and Public Holidays. Written approval must be obtained from the General Manager of Balranald Shire Council to vary these hours.
Note: All noise generating activities are subject to the requirements of the protection of the Environment Operations Act 1997. This condition of consent does not relieve the proponent including developers, contractors or their agents from the requirements under the relevant noise control legislation (POEO Act 1997).
18. No work is to be carried out which would cause nuisance by way of emission of noise, vibration, smell, fumes, smoke vapour, steam, soot, ash, dust, grit, oil, waste-water, waste products or otherwise.
19. Any waste or excavated material removed from the site is to be taken to an authorised site for disposal. No fill is to be deposited on other land without the prior consent of Council.
20. The applicant is responsible to ensure that the buildings are sited on the allotment as specified on the approved site plan.
21. The applicant is required to ensure that any easements registered over the title to the land are complied with.
22. All work must be carried out in accordance with the Building/ Development Approval and any connections required to any:-
public electricity supply
public water supply
public sewerage system
public telecommunications system,
must be made in accordance with the requirements of the relevant authority.
23. No second hand materials are to be used unless separately approved by Council and then made available for inspection prior to use.
24. Roof water drainage is to be disposed of to the street drainage system.
25. All external metal cladding shall be of suitable colour and finish so as not to cause reflection or glare.
26. A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.
27. All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 31
28. All landscaping shall be installed in accordance with the approved plans prior to the issue of an Occupation Certificate.
29. No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.
30. A road opening permit is to be obtained from Council prior to the commencement of any proposed works on the nature strip road reserve. The applicant is responsible for full cost of repairs to rectify any damage to kerb, guttering, footpath, bitumen seal or nature strip.
31. The buildings shall NOT BE USED OR OCCUPIED for any purpose other than the building class approved, without the prior consent of Council.
32. The applicant is responsible to supply accurately dimensioned and notated as constructed drawings of all drainage plumbing.
33. Any damage to Councils infrastructure or other services is the full responsibility of the applicant.
34. If any Aboriginal object is discovered and/or harmed in, or under the land, while undertaking the proposed development activities, the proponent must:
Not further harm the object;
Immediately cease all work at the particular location;
Secure the area so as to avoid further harm to the Aboriginal object;
Notify Department of Planning, Industry and Environment as soon as practical on 131555, providing any details of the Aboriginal object and its location; and
Not recommence any work at the particular location unless authorised in writing by Department of Planning, Industry and Environment.
In the event that skeletal remains are unexpectedly encountered during the activity, work must stop immediately, the area secured to prevent unauthorised access and NSW Police and Department of Planning, Industry and Environment contacted.
35. The property to be fenced on all boundaries in accordance with Council’s Fencing Code Policy approved 21st February 2017.
In Favour: Mike Colreavy
Against: Nil
CARRIED 1/0
The Meeting closed at 3.50pm.
The minutes of this meeting were confirmed at the Council Meeting held on 21 April 2020.
...................................................
CHAIRPERSON
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GENERAL MANAGER
EXTRAORDINARY COUNCIL MEETING MINUTES 24 MARCH 2020
Item 4.2 Page 32
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Page 33
5 DISCLOSURE OF INTEREST
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 6.1 Page 34
6 ADMINISTRATOR MINUTE/REPORT
6.1 ADMINISTRATOR'S MINUTE - NON RESIDENTIAL SEWERAGE CHARGES
Record Number: D20.29945
Authorising Officer: Mike Colreavy, Administrator
I PROPOSE TO RESOLVE AS FOLLOWS:
1. That the General Manager (GM) provide Council with a financial model of the draft non-
residential sewerage charges comparing the current framework with an option to adhere
strictly to the two-part usage and access charge format referred to in the Best-Practice
Management Water Supply and Sewerage Guidelines (and any other suitable option) when
the draft 2020/2021 Revenue Policy is presented to Council for consideration.
2. That the model referred to in “1” above also include provision for levying sewerage charges
on all chargeable properties that have not previously been charged for sewerage
connections and services with a view to achieving equitable sewerage service cost
recovery.
Numerous non-residential sewerage customers have raised concerns with Council about the levels of Council’s 2019/2020 non-residential sewerage charges, particularly the pedestal charge. In August 2007, the New South Wales Government Department of Water and Energy released Best-Practice Management Water Supply and Sewerage Guidelines.2 The Guidelines acknowledge that with the increasing demands on limited water resources of New South Wales it is vital that those resources be managed in an efficient and sustainable manner. Best-practice management enables a local water utility to achieve sustainable water supply and sewerage businesses and comply with the Australian Government’s National Competition Policy 3 and National Water Initiative. 4 Compliance with best-practice water supply and sewerage management is also an important requirement for local water utilities to qualify for capital grant funding for infrastructure works.
The Guidelines provide that best-practice management of water supply and sewerage involves the following six criteria: 5
strategic business planning
pricing
water conservation
drought management
performance reporting
integrated water cycle management
2 NSW Government Department of Water & Energy. Best-Practice Management of Water and Sewerage –
Guidelines. August 2007, at Page 9. http://www.water.nsw.gov.au/__data/assets/pdf_file/0008/554489/town_planning_water_utilities_best-practice_management_of_water_supply_and_sewerage_guidelines_2007.pdf 3 Commonwealth of Australia. National Competition Policy. 2007 http://ncp.ncc.gov.au/pages/home
4 Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South
Australia, the Australian Capital Territory and the Northern Territory. Intergovernmental Agreement on a National Water Initiative. 25 June 2004. https://www.agriculture.gov.au/sites/default/files/sitecollectiondocuments/water/Intergovernmental-Agreement-on-a-national-water-initiative.pdf 5 NSW Government Department of Water & Energy. Op. Cit., at Page 5.
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 6.1 Page 35
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 6.1 Page 36
Regarding ‘pricing’, appropriate tariffs ensure fair pricing of services, removal of significant cross-subsidies and protection of valuable water resources and environment. The Guidelines provide:
“Best-practice sewerage pricing involves a uniform annual sewerage bill for residential customers. For non-residential customers an appropriate sewer usage charge is required for the estimated volume discharged to the sewerage system, together with an access charge based on the capacity requirements that their loads place on the system relative to residential customers.“ 6
To comply with the COAG Strategic Framework for Water Reform, National Competition Policy and the National Water Initiative, Council needs to achieve full cost recovery for its sewerage business based on appropriate sewerage tariffs with a uniform annual sewerage bill per residential property, and a two part tariff with appropriate sewer usage charge/kilolitre for non-residential customers with no land value (i.e. rates) in the charges.
Council moved towards full cost recovery for non-residential customers in 2018/2019 with the adoption of a variable access charge dependent on the connecting pipe diameter, a $200 pedestal charge (multiple dwellings, hotels, motels and clubs), and a consumption charge of $0.25 per kilolitre discharged. The $200 pedestal charge component was later abandoned pending implementation of an undertaking in February 2018 to conduct a review of Council’s entire rating and fees and charges framework in response to a performance improvement order issued by the Minister for Local Government on 24 April 2017.7 The subsequent review of that framework identified unsustainable deficiencies in core sewerage infrastructure funding, including for the ongoing maintenance and upgrading of the sewerage network in Balranald and Euston. To illustrate this, as at 30 June 2019, against a gross replacement cost of $12,960,000, the estimated cost to bring the sewerage network to an acceptable level of service was $1,086,000, whereas net equity in the Sewerage Fund, inclusive of infrastructure replacement reserve funds was only $748K including funds required to provide for operational cash flows. Furthermore, Council’s preliminary Long-Term Financial Plan (LTFP) indicates that net equity will fall to $112K by 2022/2023 allowing for completion of planned capital works, and is expected to be even lower on subsequent trends.
Council analysed usage patterns across the sewerage network to determine if sewer fund costs were being shared fairly across all connected properties. The analysis revealed that the (then) fixed price connection for commercial dwellings was disadvantaging residential ratepayers. To rectify this and to ensure that the sewerage fund is adequately resourced to meet current and future capital, renewal and service requirements the following non-residential sewerage pricing framework was adopted for 2019/2020:
A $200 pedestal charge for each 3rd and subsequent pedestal on any assessment comprising an accommodation camp;
A $100 pedestal charge (adjusted down to half the recommended charge of $200) for each 3rd and subsequent pedestal on any assessment comprising multiple dwellings, hotels, motels and clubs;
A variable sewerage access charge, relative to the connecting pipe diameter (adjusted up by $25 from the recommended charges for all residential and non-residential customers with sewerage access); and
A consumption charge of $1.00 per kilolitre discharged into the sewer (adjusted up from the $0.25 recommended charge) derived by using a discharge factor formula based on water consumption.
The Draft Operational Plan 2019/2020 (including the Revenue Policy) was considered in extraordinary meetings of Council on 29 May 2019 and 27 June 2019, and after a further exhibition of the adjusted non-residential sewerage charges, they were finally adopted on 29 July 2019. Council followed the statutory process to adopt the Draft Plan, giving public notice of it on Council’s
6 Ibid, at Page 9.
7 Minister for Local Government. Performance Improvement Order Under s.438A of the Local Government
Act 1993. 24 April 2017.
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 6.1 Page 37
website and Facebook page (text and live broadcast), in the Guardian and Sentinel newspapers, and on Radio 3SH, indicating that public submissions could be made up until 26 June 2019, then further exhibiting the proposed adjusted sewerage charges for a 28 day period ending on 29 July 2019. Although there was no legal requirement to do so, Council notified affected customers about the proposed charges by letter dated 17 June 2019, and then met with their representatives on 24 June 2019. Some customers have commented about the short timeframe for making a formal submission on the sewerage charges after receipt of Council’s letter. Notwithstanding that, 6 written submissions were received from non-residential customers and considered by Council before making the sewerage charges. I understand that the adjustments to the recommended charges mentioned above were made in response to the submissions received. In relation to those adjustments, Commissioner McCullough remarked in the Balranald Shire Council Public Inquiry Report as follows:
“The proposed sewer pedestal charges were the subject of numerous submissions and representations from motel owners who opposed any pedestal charge. The pedestal charge had been calculated on the actual cost of providing the sewer service to businesses which provided tourist or residential accommodation. It was consistent with the recommendations of the LTFP (Long-Term Financial Plan) and the provisions of the Implementation Plan to ensure that the Council charges reflected the actual cost of provision of services.“ 8
“While the decisions to make those adjustments to the rates and charges were open to the Council, it does appear that the Council was reacting to the few and noisy rather than considering the interests of the community as a whole when making those decisions.” 9
I have noted that during the extraordinary meeting held on 27 June 2019, Council had resolved to move into a committee of the whole and to move into a confidential meeting when it was not permissible to do so under s.10A(2) of the Local Government Act 1993. Commissioner McCulloch remarked as follows:
“The nature of the discussion during the extraordinary meeting of 27 June 2019 involve none of those types of (s.10A(2)) matters and ought to have been conducted in public and on record.” 10
“The result of improperly closing a council meeting is that the public is deprived of hearing the debate between the Councillors about the matters under consideration. That secrecy fosters distrust, innuendo and misinformation which appear to be prevalent in the Balranald Shire community.“ 11
I have also noted that the making of the non-residential sewerage charges lawfully occurred at a later Council meeting held on 29 July 2019 after the adjusted charges had been re-advertised. I have also observed that the questionable closure of Council meetings generally was a component of the conduct that led to Council being placed in administration. In order to command the confidence of the community, under my administration, Council meetings will be conducted openly and transparently. The community will have timely access to Council meeting agendas. They will be able to make submissions in relation to future Draft Operational plans and to address Council, in an open forum prior to the commencement of Council meetings, on any matter under consideration on the Agenda for that meeting.
Unlike for larger water utilities in NSW (e.g. Sydney Water, Hunter Water, Central Coast Council and Essential Energy), Council’s sewerage pricing is not regulated by the Independent Pricing and Regulatory Tribunal (IPART). While making of pedestal charges is discretionary, it is permitted under Sections 501(3) & 502 of the Local Government Act 1993 which provide as follows:
8 McCulloch, R. Balranald Shire Council Public Inquiry Report.
https://www.parliament.nsw.gov.au/tp/files/77157/Balranald%20-%20Public%20Inquiry%20-%20Dismissal%20-%20Public%20Inquiry%20Report.pdf 25 November 2019, at Page 47. 9 Ibid, at Page 23.
10 Ibid, at Page 48.
11 Ibid, at Page 48
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 6.1 Page 38
“ 501 For what services can a council impose an annual charge?
(1) A council may make an annual charge for any of the following services provided, or proposed to be provided, on an annual basis by the council: • water supply services • sewerage services • drainage services • waste management services (other than domestic waste management services) • any services prescribed by the regulations.
(2) A council may make a single charge for two or more such services. (3) An annual charge may be levied on each parcel of rateable land for which the service is
provided or proposed to be provided.
502 Charges for actual use
A council may make a charge for a service referred to in section 496 or 501 according to the actual use of the service.”
I am mindful that I am specifically required under my terms of appointment as Administrator to ensure that Council develops a reliable long-term financial plan and continued rates review to ensure equity and income maximisation for Council. I also understand that there are some properties connected to Council’s sewerage systems that have not been equitably charged for their services, if at all. Although the three-part non-residential sewerage charges levied on multiple dwellings, hotels, motels and clubs added an additional layer within the two-part framework set out in the Best-Practice Management Water Supply and Sewerage Guidelines, the 2019/2020 pedestal charges were lawfully made by Council resolution on 29 July 2019 and as such they will stand and be recovered by Council for that year.
After considering the customer concerns described above, I have requested that the draft 2020/2021 non-residential sewerage charges include an option to adopt the two-part usage and access charge format contained in the Best-Practice Management Water Supply and Sewerage Guidelines 12 when they are presented to me for consideration. Furthermore, I have requested that draft non-residential charges be modelled to be levied on all eligible non-residential customers. This is to equitably include properties (if any) that may not, up to now, have been charged for sewerage connections and services. The 2020/2021 Draft Operational Plan (including the Draft Revenue Policy) is being developed by Council’s executive staff for consideration at Council meetings to be held in May and June 2020. It is likely that the financial modelling will show that if the pedestal charge is ultimately deleted, a higher consumption charge per kilolitre, or access charge, or both will be required to make up the shortfall and provide for the long-term financial needs of the sewerage services. The exhibition period for the Draft 2020/2021 Operational Plan will be advertised when it is known. The community will have an opportunity to make submissions and/or to address me about these matters then.
ATTACHMENTS
Nil
12
NSW Government Department of Water & Energy. Op. Cit., at Page 5
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 7.1 Page 39
7 COMMITTEE REPORTS FOR ADOPTION
7.1 BALRANALD TOURISM COMMITTEE - <13TH MARCH 2020>
Record Number: D20.29920
Authorising Officer: Ray Davy, Acting General Manager
OFFICER RECOMMENDATION
1. That the Minutes of the Balranald Tourism Committee meeting held on 13th March 2020 be received and the resolutions therein be noted.
2. That the Tourism Committee be advised that relocation of the Ben Scott Memorial Bird Walk infrastructure is not practicable within the financial and timeframe limitations of the grant funding for the project.
3. That Council notes that a substantially similar proposal has been received from Mr Gorman for the establishment of a Wool and Transport Museum, and that this proposal together with the resolutions of the Committee will be considered in the context of the 2020-21 budget process.
HEADING
Meeting covered on developing Geo-Trails, Night Sky Tourism and opportunities for already existing businesses in venture out into stargazing opportunities.
Adrian Gorman was invited to present to the Committee his idea of a Wool and Transport Museum.
Committee have made 4 recommendations in regards to the proposal as follows:
Motion 1: Whilst the Committee fully support the collection and preservation of all history including
wool and transport; we do not believe the gaol is the appropriate location and therefore decline the
proposal in this form.
Moved: Simone Carmichael Seconded: Wayne Whitby
Motion 2: The Committee work with Adrian and visit the Malcolm Museum to measure up the
inside of the two back rooms for a possible temporary location for the wool and transport museum
pieces.
Moved: Simone Carmichael Seconded: Wayne Whitby
Motion 3: The Committee work with Council to seek funding opportunities to develop Strategic
Master Plans in an effort to gain grant funding for a Museum Curator to assist with the cataloguing
and sorting through the contents in the Malcolm Museum.
Moved: Simone Carmichael Seconded: Wayne Whitby
Motion 4: Given Adrian has advised that the Gorman Family are prepared to financially invest into
the project, the Committee and Council seek out funding opportunities to erect infrastructure in a
location to be decided at a later date for the display of our historic past, including permanent
structure for the proposed Wool and Transport Museum.
Moved: Simone Carmichael Seconded: Wayne Whitby
Other discussions included the relocation of the frogs located inside the gaol and moving them to locations outside of the gaol for better exposure.
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 7.1 Page 40
Ben Scott Memorial Bird walk discussions included the possibility of relocating the infrastructure to a site closer to town, behind the hospital.
ATTACHMENTS
Nil
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 8.1 Page 41
GENERAL MANAGER’S REPORTS (INCORPORATING ALL STAFF REPORTS)
PART A – ITEMS REQUIRING DECISION
8 GENERAL MANAGER’S REPORTS
8.1 ADOPTION OF MODEL CODE OF MEETING PRACTICE
Record Number: D20.29715
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 6: Our Leadership – A community that values and fosters leadership, lifelong learning, innovation and good governance.
OFFICER RECOMMENDATION
That Council formally adopt the revised Model Code of Meeting Practice.
PURPOSE OF REPORT
To seek Council agreement to formally adopt the revised Model Code of Meeting Practice for Local councils in NSW presented by Office of Local Government.
REPORT
At the February 2020 Council Meeting it was resolved to advertise the revised Model Code of Meeting Practice as draft and advertise for public comment. This policy was advertised for public comment on Wednesday 26 February 2020. No public submissions have been received to date.
It is recommended that Council now formally adopt the revised Model Code of Meeting Practice.
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Local Government (General) Regulation 2005
POLICY IMPLICATION
Code of Meeting Practice 2018
RISK RATING
Low
ATTACHMENTS
1. DRAFT - Model Code of Meeting Practice for Local Councils in NSW 2018 - February 2020 Council Meeting
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 8.2 Page 42
8.2 POLICY - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR ADMINISTRATOR, MAYOR AND COUNCILLORS
Record Number: D20.29960
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 6: Our Leadership – A community that values and fosters leadership, lifelong learning, innovation and good governance.
OFFICER RECOMMENDATION
That Council formally adopt the Draft Policy – Payment of Expenses and Provision of Facilities for Administrator, Mayor and Councillors.
PURPOSE OF REPORT
To seek Council agreement to formally adopt the Draft Policy – Payment of Expenses and Provision of Facilities for Administrator, Mayor and Councillors.
REPORT
At the February 2020 Council Meeting it was resolved to advertise the Draft Policy – Payment of Expenses and Provision of Facilities for Administrator, Mayor and Councillors for public comment. This policy was advertised for public comment on Wednesday 26 February 2020. No public submissions have been received to date.
It is recommended that Council now formally adopt the Draft Policy – Payment of
Expenses and Provision of Facilities for Administrator, Mayor and Councillors.
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Local Government Act 1993
POLICY IMPLICATION
Payment of Expenses and Provision of Facilities for Administrator, Mayor and Councillors
ATTACHMENTS
1. Payment of Expenses and provision of Facilities for the Administrator, Mayor and Councillors Policy
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Page 43
9 CORPORATE & COMMUNITY SERVICES REPORTS
Nil
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.1 Page 44
10 INFRASTRUCTURE & DEVELOPMENT REPORTS
10.1 NOMINATIONS FOR THE WESTERN JOINT REGIONAL PLANNING PANEL
Record Number: D20.28401
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 5: Our Infrastructure – A community that maintains and strengthens its natural and built environment.
OFFICER RECOMMENDATION
That Council invite nominations for up to two suitably qualified persons to participate in the Western Joint Regional Planning Panel for a period of two years.
PURPOSE OF REPORT
To nominate a Council representative/s to the Western Joint Regional Planning Panel.
REPORT
Around 15 years ago the State Government established Joint Regional Planning Panels (JRPPs), being five member panels comprised of three members appointed by the Minister and two members appointed by Council to determine development proposals of regional significance, such as:
regional development, as outlined in Schedule 7 of the State Environmental Planning Policy (State and Regional Development) 2011
development with a capital investment value (CIV) over $30 million development with a CIV over $5 million which is:
council related
lodged by or on behalf of the Crown (State of NSW)
private infrastructure and community facilities
eco-tourist facilities
extractive industries, waste facilities and marinas that are designated development,
certain coastal subdivisions
development with a CIV between $10 million and $30 million which is referred to the Planning Panel by the applicant after 120 days.
Council’s nominations of former Councillors Byron and O’Halloran have lapsed.
In accordance with C4.5 of the Sydney & Regional Planning Panels Operational Procedures, each council can determine how their members are selected. In selecting members, councils should have regard to any conflict of duties that would be created for a person nominated to the Planning Panel if they are in any way responsible or involved in the assessment of matters to be determined by the Panel or involved in voting or deliberating on matters that come before the Panel.
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Item 10.1 Page 45
Councils are not restricted to nominating people from the council’s local area. They can appoint, terminate, and reappoint members at any time, and can determine the duration of each appointment.
Generally, so as to ensure the greatest degree of continuity for the Panels, councils should consider appointing members for the maximum term of three years provided for under the EP&A Act. However, councils should reconsider if the nominations to the Panels are appropriate within 12 months following a council election.
Following a change to its nominees, council is to forward the new member’s contact details to the secretariat as soon as possible and this must be a minimum of 14 days before any meeting at which they will act as a Panel member.
If a council fails to nominate one or more council members, a Panel may still exercise its functions in relation to the area of the council concerned.
In the absence of an elected Council, it is recommended that nominations be invited for up to two suitably qualified persons to participate in the Western Joint Regional Planning Panel for a period of two years.
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Environmental Planning & Assessment Act 1979
POLICY IMPLICATION
Nil
RISK RATING
Nil
ATTACHMENTS
Nil
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.2 Page 46
10.2 DA 28/2020 - SUBDIVISION OF WESTERN LANDS LEASE - STURT HWAY EUSTON
Record Number: D20.29643
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 5: Our Infrastructure – A community that maintains and strengthens its natural and built environment.
OFFICER RECOMMENDATION
(Division)
That Council approve Development Application 28/2020 for the subdivision of Lot 4441 DP 767426 and Lot 1798 DP 1205254, Sturt Hwy Euston, subject to the following conditions:
1) No alteration to approved plans and specifications is allowed unless separately approved by Council.
2) The subdivision must conform with the sketch plan as submitted.
3) Plans prepared by an appropriately qualified surveyor must be submitted to Council prior to the release of the Subdivision Certificate.
4) Alterations to existing or additional accesses are to be to the satisfaction of Council or its delegate, and at the applicant’s full cost.
5) Any such adjustments to access to the proposed allotments require a road opening permit to be obtained from Council prior to the commencement of any works in the road reserve. The applicant is responsible for full cost of repairs to rectify any damage to public infrastructure.
6) This approval does not constitute consent for the erection of any dwellings or other structures on the subject lands. Separate applications must be made for any buildings in accordance with the Environmental Planning & Assessment Act 1979.
Reasons for the imposition of conditions:
Statutory compliance
Ensure appropriate infrastructure is provided for the development
Ensure impacts on the natural and built environment are minimised
PURPOSE OF REPORT
To seek Council’s consent for a development application from Price Merrett Consulting for a subdivision.
REPORT
Council has received a development application from Price Merrett Consulting on behalf of AJACS (Euston) P/L, CH & RA Gorman P/L and State of NSW to subdivide land to facilitate a farm adjustment by incorporating a disused crown road reserve into an existing western lands agricultural lease and creating two (2) allotments in the holding.
Description of land: Lot 4441 DP 767426
Lot 1798 DP 1205254
Proposed lot configuration: Proposed Lot 1: 282.8ha
Proposed Lot 2: 2939ha
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Item 10.2 Page 47
Zone: RU1 (Primary Production)
Minimum zone lot size: 40ha
The proposal was submitted to Council as a development application because the proposal does not constitute exempt development in accordance with clause 2.75 of the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008 (Codes SEPP) and is not complying development in accordance with Part 6 of the Codes SEPP.
Background
The location of the project is proposed approximately 5km east of the township of Euston and has historically been used for agricultural purposes. The land is owned by the State of NSW and leased for agricultural purposes as a Western Lands Lease.
The application for development has been assessed in accordance with Section 4.15 of the EP&A Act and relevant local and state environmental planning instruments. The application was notified in accordance with the Environmental Planning & Assessment Act 1979 and the Murray Regional Environmental Plan No. 2. Nil public submissions were received.
Site Analysis
There is no apparent landslip, creep or requirement for native vegetation removal to facilitate the proposal. The site is identified as bushfire and flood prone.
Contaminating activities are not known by Council to have been carried out on the land. The land has historically been used for agricultural purposes. Potentially contaminating matters such as sheep dips are not advised to or discernible from Council records.
Access to the allotments currently provided off the Sturt Hwy with no additional access proposed to facilitate the subdivision.
Adjoining allotments are primarily Zoned RU1 (Primary Production) and are of agricultural use with the western boundary in close proximity to RU4 (Primary Production Small Lots), this area being used for intensive plant agriculture. The land also shares a zone boundary with crown land comprising the bed and bank of the Murray River, being Zone W1 (Natural Water Ways).
A Statement of Environmental Effects has been submitted as part of the development application.
DEVELOPMENT APPLICATION ASSESSMENT
Under Section 4.15 of the EPA Act 1979,
(1) Matters for consideration—general
In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:
(a) the provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and
(iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4, and
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Item 10.2 Page 48
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph),
that apply to the land to which the development application relates,
(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,
(c) the suitability of the site for the development,
(d) any submissions made in accordance with this Act or the regulations,
(e) the public interest.
Planning Instruments
Planning instruments that apply to the land subject to the development application are:
Balranald Local Environmental Plan 2010 (LEP)
Murray Regional Environmental Plan No.2
State Environmental Planning Policy (Primary Production & Rural Development) 2019
There are no draft planning instruments or development control plans applying to the land.
Balranald Local Environmental Plan 2010 (LEP)
The proposal appears compliant with the LEP, the following table addresses applicable clauses.
Clause Comment
2.6(2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
There are no dwellings on the subject land and the proposed allotments are above the minimum lot size for the zone, being 40ha.
Objectives of the RU1 zone
To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
To encourage diversity in primary industry enterprises and systems appropriate for the area.
To minimise the fragmentation and alienation of resource lands.
To minimise conflict between land uses within this zone and land uses within adjoining zones.
To encourage development that is in accordance with sound management and land capability practices, and that takes into account the environmental sensitivity and biodiversity of the locality.
To support rural communities.
The proposal is considered consistent with the objectives of the zone in that fragmentation of resource lands is reduced by incorporating an unformed crown reserve into a farming lease that separates the existing allotment.
This reduced fragmentation has potential to improve land use efficiency and farming sustainability by removing a barrier to the continuous flow to the use of the land.
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Item 10.2 Page 49
To ensure the provision of accommodation for itinerant workers.
4.1 Minimum subdivision lot size The proposal complies with the 40ha minimum lot size for the RU1 zone, proposed Lot 1 being 282.8ha and proposed Lot 2 being 2939ha
4.2 Rural subdivision Lots smaller than the minimum lot size are not proposed
5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
(4) The following matters are to be taken into account—
(a) the existing uses and approved uses of land in the vicinity of the development,
(b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,
(c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).
The separation distance from this existing extensive agricultural use to the nearest sensitive receptor (dwelling) is greater than 400m. This is in line with the buffer distances recommended in the Living and Working in Rural Areas Handbook 2007 (the Handbook), being 50m for stock grazing and 200m for cropping to a rural dwelling.
The separation distance between the proposal and an adjacent horticultural land use is around 60m, being the Sturt Hwy road reserve, this is considered adequate as the Handbook indicates a ‘Not an Issue’ buffer requirement to boundaries for grazing and cropping. Additionally, complaints arising from land use conflict in the area are not evident in Council records (both historic property files and more recent electronic records).
The proposal is considered compatible with surrounding extensive agricultural land uses as there is no change/intensification of land use or building proposed.
Part 6 Biodiversity, Riparian Land, Waterways, groundwater vulnerability and flood planning
The proposal does not create additional impact in relation to these matters as there is no change/intensification of land use or building proposed and no clearing is proposed.
Murray Regional Environmental Plan No.2
The Murray Regional Environmental Plan No.2 (REP) requires Council to consider the intended use of the land and its likely effect on the wetland. In this instance the proposal does not create additional impact to the areas of wetland as there is no change/intensification of land use or building and no clearing is proposed.
Additionally, in accordance with 31 of the Planning Control and Consultation Table of the REP the proposal was referred to the following agencies:
DPI Fisheries: response 06/03/2020, no conditions advised
DPI Agriculture: response 19/02/2020, no conditions advised
DPIE Planning: response 20/02/2020, no conditions advised
Nation Parks & Wildlife Service: no response
EPA: response 13/02/2020, no conditions advised
Water NSW: response 12/02/2020, no conditions advised
Natural Resources Access Regulator: response 25/03/2020, no approval required
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.2 Page 50
Office of Environment & Heritage: response 03/03/2020, no conditions advised
Murray Darling Basin Authority: response 11/03/2020, no conditions advised
Additional conditions of consent under the REP have not been assembled in the draft conditions of consent due to agency responses not advising conditions of consent.
State Environmental Planning Policy (Primary Production & Rural Development) 2019
Part 2 of Schedule 4 duplicates Clause 5.16 of the LEP and the comments addressing this Clause are applicable for the purposes of this State Environmental Planning Policy.
Environmental Planning & Assessment Act 1979
The proposal is not likely to have significant impacts on the natural or built environment as there is no change/intensification of land use or building proposed and no clearing is proposed. Additionally, social and economic impacts are considered negligible due to no change/intensification of land use or building proposed and no clearing is proposed.
The site is considered suitable for the proposal and not against the public interest due to the low impact nature of the proposal.
The adjoining property landholders have been notified in accordance with the Environmental Planning and Assessment Regulation 2000 and the proposal was advertised in a locally circulating newspaper in accordance with the Murray REP. The submission period concluded on the 12th March 2020 and no submissions have been received.
A subdivision certificate application will be required under Division 4 of the Environmental Planning & Assessment Regulation 2000.
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Environmental Planning & Assessment Act 1979
State Environmental Planning Policy (Primary Production & Rural Development) 2019
Murray Regional Environmental Plan No. 2
Balranald Local Environmental Plan 2010
POLICY IMPLICATION
Nil
ATTACHMENTS
1. Map of Proposal 2. Planning Application Report 3. Agency Referral Response - Fisheries 4. Agency Referral Response - Department Primary Industries - Agriculture 5. Agency Referral Response - Department Planning, Industry & Environment - Planning 6. Agency Referral Response - EPA 7. Water NSW Agency Referral Response 8. Agency Referral Response - NRAR 9. Agency Referral Response - Department of Planning, Industry & Environment -
Biodiversity & Conservation Division (formerly OEH) 10. Agency Referral Response - MDBA
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.3 Page 51
10.3 DA 29/2020 GAREFFA PARADE EUSTON
Record Number: D20.29726
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 5: Our Infrastructure – A community that maintains and strengthens its natural and built environment.
OFFICER RECOMMENDATION
(Division)
That Council approve Development Application 29/2020 for the subdivision of Lot 2 DP 1161965 Garreffa Parade Euston, subject to the following conditions:
1) No alteration to approved plans and specifications is allowed unless separately approved by Council.
2) The subdivision must conform with the sketch plan as submitted.
3) Plans prepared by an appropriately qualified surveyor must be submitted to Council prior to the release of the Subdivision Certificate.
4) Accesses to the proposed allotments are to be to the satisfaction of Council or its delegate, and at the applicant’s full cost.
5) Any infrastructure adjustments for access to the proposed allotments require a road opening permit to be obtained from Council prior to the commencement of any works in the road reserve. The applicant is responsible for full cost of repairs to rectify any damage to public infrastructure.
6) This approval does not constitute consent for the erection of any dwellings or other structures on the subject lands. Separate applications must be made for any buildings in accordance with the Environmental Planning & Assessment Act 1979.
The following conditions are required by NSW Department of Primary Industries - Fisheries
7) The applicants must obtain a permit under the Fisheries Management Act or the Water Management Act if there is to be any excavation within or filling of the waterway.
8) If any ground disturbance is to take place, erosion and sediment mitigation devices are to be erected in a manner consistent with currently accepted Best Management Practice (ie Managing Urban Stormwater: Soils and Construction 4th Edition Landcom, 2004) to prevent the entry of sediment into the waterway prior to any earthworks being undertaken. These are to be maintained in good working order for the whole duration of the works and subsequently until the site has been stabilised and the risk of erosion and sediment movement from the site is minimal. Exposed soil is to be reseeded or turfed. Reason – To ensure that sediment generated by the exposure of soil is not transported into the main water body.
9) On completion of the works, the site is to be rehabilitated and stabilised. Surplus construction materials and temporary structures (other than silt fences and other erosion and sediment control devices) installed during the course of the works are to be removed. Reason – To ensure that habitats are restored as quickly as possible, public safety is not compromised and aesthetic values are not degraded.
10) Machinery is not to enter, or work from the waterway unnecessarily. Reason – To ensure minimal risk of water pollution from oil or petroleum products and to minimise disturbance to the streambed substrate.
11) No snags (tree trunks, root balls, limbs, branches or other woody debris) in the channel or on the bank of the river are to be moved, removed or otherwise interfered with either during the construction phase or at any time subsequently, without the concurrence of Department of Primary Industries and Fisheries. Reason - "Removal of Large Woody Debris" is listed as a
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Item 10.3 Page 52
Key Threatening Process under the provisions of the Fisheries Management Act 1994 and there are significant penalties for harming the habitat of threatened species.
12) Native vegetation (including trees such as River Red Gum, Black Box and River Coobah, shrubs, reeds such as Phragmites and grasses) on or adjacent to the river bank other than those identified in the application, is not to be cleared, modified or otherwise harmed at any time during the construction or at any time subsequently. This does not include control of noxious or other recognised weeds. Reason – “Decline in native riparian vegetation” is listed as a Key Threatening Process under the provisions of the Fisheries Management Act 1994 and there are significant penalties for harming the habitat of threatened species.
13) The District Fisheries Officer at Deniliquin (Mobile: 0429 919 309, Email: [email protected]) is to be notified at least 3 days prior to the commencement of construction (email or fax preferred). Reason - To ensure that the local Fisheries Officer is aware that work on the river bank is about to commence.
14) NSW Department of Primary Industries - Fisheries is to be notified immediately if any fish kills occur in the vicinity of the works. In such a case all works are to cease until the issue is rectified and approval is given to proceed. Reason – Department of Primary Industries - Fisheries needs to be aware of fish kills so that it can assess the cause and mitigate further incidents in consultation with relevant authorities. They are also potentially contentious incidents from the public perspective. Work practices may need to be modified to reduce the impacts upon the aquatic environment.
Reasons for the imposition of conditions:
• Statutory compliance
• Ensure appropriate infrastructure is provided for the development
• Ensure impacts on the natural and built environment are minimised
PURPOSE OF REPORT
To seek Council’s consent for a development application submitted by Price Merrett Consulting P/L for a 16 residential lot subdivision.
REPORT
Price Merrett Consulting P/L has submitted a development application for a 16 residential lot subdivision off Garreffa Parade, Euston. The proposal also includes 2 lots for road dedication purposes.
Description of land: Lot 2 DP 1161965
Proposed lot configuration: proposed lots 1-5: approx. 1500m2
Proposed lots 6-9, 11-15: approx. 1000m2
Proposed lot 10: 1273m2
Proposed lot 16: 3.979ha
Unnumbered lot Road: approx. 4020m2
Unnumbered/unnamed lot: approx. 3350
Zone: RU5 (Village) 600m2 minimum lot size
RU1 (Primary Production) 40ha minimum lot size
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Item 10.3 Page 53
The proposal was submitted to Council as a development application because the proposal does not constitute exempt development in accordance with clause 2.75 of the State Environmental Planning Policy (Exempt & Complying Codes) 2008 (Codes SEPP) and is not complying development in accordance with Part 6 of the Codes SEPP.
Background
The site is adjacent to the 55 lot subdivision approved by Council in 2004 (DA 74/04) and represents stage 2 of this earlier residential development. The 2004 proposal was not approved as staged development.
Representations leading up to adoption of the Balranald Local Environmental Plan 2010 (LEP) were made to Council to support this stage 2 development. Subsequently, the land above the 1% Annual Exceedance Probability (historically referred to as the 1:100 year flood level) was notified in the Strategic Framework Plan and then identified as RU5 (Village) Zone in the adopted Balranald Local Environmental Plan 2010 to facilitate this subdivision.
The application for development has been assessed in accordance with Section 4.15 of the EP&A Act and relevant local and state environmental planning instruments. The application was notified in accordance with the Environmental Planning & Assessment Act 1979 and the Murray Regional Environmental Plan No. 2. Nil public submissions were received.
A Statement of Environmental Effects has been submitted as part of the development application.
Site Analysis
There is no apparent landslip, creep or requirement for native vegetation removal to facilitate the proposal. The site is not identified as bushfire prone, however, the land below the 1% Annual Exceedance Probability (1%AEP) is identified on the sensitive land overlays of the LEP.
Contaminating activities are not known by Council to have been carried out on the land. The land has historically been used for private recreational and small scale agricultural purposes. Potentially contaminating matters such as sheep dips are not advised to or discernible from Council records.
DEVELOPMENT APPLICATION ASSESSMENT
Under Section 4.15 of the EPA Act 1979,
(1) Matters for consideration—general
In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:
(a) the provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Planning Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and
(iii) any development control plan, and
(iiia) any planning agreement that has been entered into under section 7.4, or any
draft planning agreement that a developer has offered to enter into under
section 7.4, and
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph),
that apply to the land to which the development application relates,
(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,
(c) the suitability of the site for the development,
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Item 10.3 Page 54
(d) any submissions made in accordance with this Act or the regulations,
(e) the public interest.
Planning Instruments
Planning instruments that apply to the land subject to the development application are:
Balranald Local Environmental Plan 2010 (LEP)
Murray Regional Environmental Plan No.2
State Environmental Planning Policy (Primary Production & Rural Development) 2019
There are no draft planning instruments or development control plans applying to the land.
The proposal appears compliant with the LEP, the following table addresses applicable clauses.
2.6.2. Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
There are no dwellings on the subject land.
1 Objectives of zone RU5
To provide for a range of land uses, services and facilities that are associated with a rural village.
To define the town boundaries of Balranald, Euston and Kyalite.
To encourage and provide opportunities for population and local employment growth.
To ensure development maintains and contributes to the character of the zone.
To protect the amenity of residents.
To ensure that development does not create unreasonable or uneconomic demands for the provision or extension of services.
To retain and facilitate expansion and redevelopment of the existing central business districts of the townships of Balranald and Euston and to further strengthen the core retail functions of those areas.
The proposal is considered consistent with the objectives of the zone in that the proposal builds on the emerging residential character of the area within the zone boundary and provides opportunities for population and employment growth while not significantly impacting public infrastructure.
Additionally, the land was notified in the Strategic Framework Plan for urban purposes and then identified as RU5 (Village) Zone in the adopted Balranald Local Environmental Plan 2010 to facilitate this subdivision
Objectives of the RU1 zone
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the
The proposal is considered consistent with the objectives of the zone as there is no proposed change in or intensification of the use of the land zoned RU1.
Additionally, the land was notified in the Strategic Framework Plan for urban purposes and then identified as RU5 (Village) Zone in the
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Item 10.3 Page 55
area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage development that is in accordance with sound management and land capability practices, and that takes into account the environmental sensitivity and biodiversity of the locality.
• To support rural communities.
• To ensure the provision of accommodation for itinerant workers.
adopted Balranald Local Environmental Plan 2010 to facilitate this subdivision
4.1 Minimum subdivision lot size The land within the RU5 zone meets the minimum lot size requirement
4.2 Rural subdivision There are currently no dwellings on the allotment. The creation of proposed lot 16 will lend itself to being itself or being incorporated into adjacent small scale agricultural activity while making use of the high ground as described in the Strategic Framework Plan. However this will negate the potential for a dwelling entitlement on the RU1 zoned land.
5.3 Development near zone boundaries
The relevant distance is 100 metres
The zone boundary separates the allotment with around 41%of the allotment in the RU5 zone, when the relevant distance is applied, around 82% of the allotment is considered in the RU5 zone.
5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones
(4) The following matters are to be taken into account—
(a) the existing uses and approved uses of land in the vicinity of the development,
(b) whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,
(c) whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),
(d) any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).
6.1, 6.2 & 6.4 Biodiversity, Riparian Land The proposal does not create additional impact
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Item 10.3 Page 56
Waterways, Groundwater Vulnerability and Flood Planning
in relation to these matters as clearing is not proposed, there is no change/intensification of land use or building proposed in area of these sensitive land overlays.
There will be no native or significant vegetation clearing required to facilitate building works in the land above the 1%AEP.
6.3 Public Utility Infrastructure Council’s Engineering Team has reviewed the application and have advised draft conditions of consent in relation to water, sewer or road infrastructure.
6.5 Development on Riverfront Areas The proposal does not create additional impact in relation to this clause as there is no change/intensification of land use or building works proposed in the area considered a riverfront area, being 40m in an urban zone.
The Murray Regional Environmental Plan No.2
The Murray Regional Environmental Plan No.2 (REP) requires Council to consider the intended use of the land and its likely effect on the wetland. In this instance the proposal does not create additional impact to the areas of wetland as there is no change/intensification of land use or building and no clearing is proposed.
Additionally, in accordance with Clause 31 of the REP the proposal was referred to the following agencies:
DPI - Fisheries: response 04/03/2020, conditions advised
DPI - Agriculture: response 11/02/2020, no conditions advised
DPIE Planning: response 18/02/2020, no conditions advised
Nation Parks & Wildlife Service: no response
EPA: response 12/02/2020, no conditions advised
Water NSW: response 12/02/2020, no conditions advised
Natural Resources Access Regulator: response 25/03/2020, no approval required
Office of Environment & Heritage: response 09/03/2020, condition advised for future applications
Murray Darling Basin Authority: response 11/03/2020, no conditions advised
Conditions of consent advised under the REP referral have been assembled in the draft conditions of consent.
State Environmental Planning Policy (Primary Production & Rural Development) 2019
Part 2 of Schedule 4 duplicates Clause 5.16 of the LEP and the comments addressing this Clause are applicable for the purposes of this State Environmental Planning Policy.
Environmental Planning & Assessment Act 1979
The adjoining property landholders have been notified in accordance with the Environmental Planning and Assessment Regulation 2000 and the Murray REP, the submission period concluded on the 12th March 2020. No submissions have been received.
A subdivision certificate application will be required under Division 4 of the Environmental Planning & Assessment Regulation 2000.
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Item 10.3 Page 57
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Environmental Planning & Assessment Act 1979
State Environmental Planning Policy (Primary Production & Rural Development) 2019
Murray Regional Environmental Plan No. 2
Balranald Local Environmental Plan 2010
POLICY IMPLICATION
Nil
RISK RATING
Low
ATTACHMENTS
1. ICOR - Assessment 3573784 - Lot 2 DP 1161965 - Rocky Lamattina - Price Merrett Consulting - APJ Brothers Pty Ltd - Subdivision - Garreffa Parade Euston - DA 29/2020 - Updated Map - PDF copy
2. Assessment 3573784 - Lot 2 DP 1161965 - Rocky Lamattina - Price Merrett Consulting - APJ Brothers Pty Ltd - Subdivision - Garreffa Parade Euston - DA 29/2020 - Batesy's Developments - Stephen Bates - DA 74/04 Stage 2 zoning correspondence
3. ICOR - Assessment 3573784 - Lot 2 DP 1161965 - Rocky Lamattina - Price Merrett Consulting - APJ Brothers Pty Ltd - Subdivision - Garreffa Parade Euston - DA 29/2020 - Agency Referral - Department Primary Industries Agriculture Response
4. ICOR - Assessment 3573784 - Lot 2 DP 1161965 - Agency Referral - Department Primary Industries Agirculture Response
5. Agency Response - Planning Industry and Environment 6. Agency Response - Riverina Far West Region 7. ICOR - Assessment 3573784 - Lot 2 DP 1161965 - Rocky Lamattina - Price Merrett
Consulting - APJ Brothers Pty Ltd - Subdivision - Garreffa Parade Euston - DA 29/2020 - Agency Referral - WaterNSW Response
8. Agency Response - NRAR 9. ICOR - Assessment 3573784 - Lot 2 DP 1161965 - Rocky Lamattina - Price Merrett
Consulting - APJ Brothers Pty Ltd - Subdivision - Garreffa Parade Euston - DA 29/2020 - Agency Referral - BCD OEH Response
10. ICOR - Assessment 3573784 - Lot 2 DP 1161965 - Rocky Lamattina - Price Merrett Consulting - APJ Brothers Pty Ltd - Subdivision - Garreffa Parade Euston - DA 29/2020 - Agency Referral - MDBA Response
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.4 Page 58
10.4 DRAFT COMMUNITY PARTICIPATION PLAN
Record Number: D20.29882
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 5: Our Infrastructure – A community that maintains and strengthens its natural and built environment.
Pillar 2: Our Place – A liveable and thriving community that maintains lifestyle opportunities and addresses its disadvantages.
OFFICER RECOMMENDATION
That Council adopt the Draft Community Participation Plan V1.1.
PURPOSE OF REPORT
To adopt the Draft Community Participation Plan with minor amendments as detailed in this report.
REPORT
The Environmental Planning & Assessment Act 1979 (EP&A Act) generally specifies community participation in decision making in relation to planning functions of Council. In an effort to improve awareness of how and when the community can participate in these planning functions, the State Government has required all NSW Councils to develop a Community Participation Plan (CPP).
A CPP sets out how and when a planning authority will engage with its community on the planning functions we perform. The CPP must also set out the minimum public exhibition timeframes in relation to planning functions specified in Schedule 1 or Division 2.6 of the EP&A Act.
The minimum requirements of a CPP include:
Detail how and when Council will undertake community participation when undertaking planning functions
Have regard to community participation principles in accordance with S2.23(2) of the EP&A Act
Set out minimum exhibition timeframes for participation in planning functions
Be publically exhibited for a minimum of 28 days
Be published on the NSW Planning Portal
The draft plan was publically exhibited with a closing date of 11th March 2020. No submissions were received.
Some minor changes have been made to the draft document which are listed below.
Page number
Original wording New wording Reason for change
5 Local Development application (DA) – application for development consent (other than for complying development, designated development or State significant development)
Local Development application (DA) – application for development consent (other than for State significant development)
This part in the table of the draft plan references Appendix 1 which includes complying development and designated development
8 Council will notify all Council will notify all properties Change to wording of
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.4 Page 59
properties within a 100 metre radius of the application site for applications in this category.
within a 100 metre radius of the application site for applications in this category and advertise in locally circulating newspapers if required by an Environmental Planning Instrument.
EP&A Regulation 2000 Clause 252(1)(d)
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Environmental Planning & Assessment Act 1979
POLICY IMPLICATION
Adoption of a new plan
RISK RATING
Nil
ATTACHMENTS
1. DRAFT Community Participation Plan V1.1
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.5 Page 60
10.5 DRAFT LOCAL STRATEGIC PLANNING STATEMENT
Record Number: D20.29891
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 5: Our Infrastructure – A community that maintains and strengthens its natural and built environment.
OFFICER RECOMMENDATION
That Council exhibit the Balranald Local Strategic Planning Statement for a period of 28 days in accordance with Section 3.9(1) and Schedule 1 of the Environmental Planning and Assessment Act 1979. PURPOSE OF REPORT
To consider a Local Strategic Planning Statement (LSPS).
REPORT
A requirement for Councils to prepare a LSPS was within recent amendments to the Environmental Planning and Assessment Act 1979 and Section 3.9(2) indicates that an LSPS must include or identify the following:
(a) the basis for strategic planning in the area, having regard to economic, social and environmental matters,
(b) the planning priorities for the area that are consistent with any strategic plan applying to the area and (subject to any such strategic plan) any applicable community strategic plan under Section 402 of the Local Government Act 1993,
(c) the actions required for achieving those planning priorities,
(d) the basis on which the council is to monitor and report on the implementation of those actions.
It is a requirement of Section 3.9(1) that once a LSPS is made that it be reviewed at least every 7 years. Also a LSPS needs to be consistent with the community strategic plan with the LSPS having the broader purpose of demonstrating how Council will, through land use planning, meet the community needs. The planning priorities and actions contained in the LSPS provide the rationale for decisions about how land use will help to achieve the community’s broader goals.
The LSPS contains a planning vision statement for the next 20 years and to achieve that vision, planning priorities and associated actions have been identified and the planning actions areas are listed below:
Industry
Agriculture
Resources
Utility Infrastructure
Tourism
Sustainable Settlements
Vibrant Places
Environment and Heritage
Council was assisted in the preparation of the draft LSPS by the Department of Planning, Industry and Environment.
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Item 10.5 Page 61
FINANCIAL IMPLICATION
There are no immediate/or adverse financial implications resulting from the development and subsequent implementation of the LSPS.
The LSPS does commit Council to the investigation, creation and delivery of the ‘Priorities’ via identified actions that are contained within the report. The financing of such actions are proposed to be through funding opportunities and via general revenue income.
LEGISLATIVE IMPLICATION
Environmental Planning & Assessment Act 1979
Local Environmental Plan 2010
POLICY IMPLICATION
Nil
RISK RATING
Nil
ATTACHMENTS
1. Draft Local Strategic Planning Statement
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.6 Page 62
10.6 INFRASTRUCTURE REPORT
Record Number: D20.30043
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 5: Our Infrastructure – A community that maintains and strengthens its natural and built environment.
OFFICER RECOMMENDATION
That the monthly update of infrastructure projects be received and noted.
PURPOSE OF REPORT
This is a monthly report to update Council on infrastructure works currently in hand and in planning.
REPORT
1. Road Construction and maintenance
1.1 Construction
Council’s construction workforce has completed formation and gravel placement
on MR514 (Oxley Road) from Ch. 40.4km to 42.5km as part of the proposed
extension of the bitumen seal. Cement/lime stabilisation works is scheduled for
the week commencing 27 April 2020 with bitumen sealing to follow.
Work is well advanced on the 4.5km “missing link” section of MR67 (Ivanhoe
Road), comprising formation widening, reconstruction of failed pavement
sections and resealing to 7m seal width from Ch. 170.6km to 175.1km. A
section of formation widening across swampy ground will not be completed until
drier conditions prevail but this will not delay the sealing of the full length.
Work has been suspended on the proposed reconstruction and resheeting of
approximately 2km of Hatfield – The Vale Road either side of Binda Road
junction, pending assessment of flood control work already completed. Results
from the most recent storm event are encouraging as this has been a recurring
issue with storm damage resulting in road closures. Completion of this work
may now be deferred until 2020-21.
Contractors are mobilising shortly to reconstruct a troublesome section of the
Ivanhoe – Mildura Road east of the former Leaghur Station entrance. At this
stage the worst section will be raised and given a gravel surface to minimise
future maintenance and road safety issues. A more extensive reconstruction
and bitumen sealing will be treated as a priority in future funding applications.
No announcement has yet been made on the Council’s application under the
State’s Fixing Local Roads programme for approximately $5.3 million over 3
years to reconstruct and seal the remainder of the Weimby-Kyalite Road, to
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Item 10.6 Page 63
extend the bitumen on Marma – Box Creek to the Iona corner, and to seal a
section of the Ivanhoe-Mildura Road.
Proposals are being invited from engineering consultants for the design works
and preliminary costings for the reconstruction of approximately 1km of MR296
(Kyalite – Moulamein Road) from the Kyalite Hotel to the Shire boundary. This
work will form the basis of a funding application for the works in the 2020-21
round of Transport for NSW funding.
1.2 Unsealed road maintenance
Contracts have been awarded for 15 separate formation recovery and
maintenance grading programmes under Round 1 of the Commonwealth
Drought Communities Programme, involving some 360km of roads. A further
tender for additional works under Round 2 of the Drought Communities
Programme will be issued later in the year.
Applications are been lodged through agreements with pastoral leaseholders for
additional bores to extend the Council’s capacity to maintain its network. This is
an alternative option to overcome delays in the issue of bore licences under the
previous arrangements.
A programme of grid cleaning and duplication of single lane grids is
progressively being rolled out across the network as funding permits. Funding to
expand this programme has been sought under Round 2 of the Commonwealth
Drought Communities Programme.
1.3 Sealed road maintenance
A programme of heavy patching on MR67 will commence shortly using the
newly-acquired Paveline Jetpatcher unit under Council’s Block Grant funding for
regional road maintenance. The annual bitumen reseal programme is due to
commence in early May 2020.
Heavy patching on MR694 at the Kyalite intersection will be undertaken in the
week commencing 27 April 2020 on Council’s behalf by Murray River Council
(MRC) in conjunction with other works that MRC is undertaking for TfNSW.
1.4 Bridge maintenance
Proposals have been invited from qualified bridge engineers to carry out a
structural assessment of Tarwong Bridge over Box Creek on the Oxley – Clare
Road. A recent inspection showed significant structural failure in one abutment
but the bridge is not considered in danger of imminent collapse. It is hoped that
the assessment can be completed in time for a funding application for the
repairs to be lodged by the end of May 2020.
2. Water, sewerage and drainage
2.1 Balranald Sewerage Program
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Item 10.6 Page 64
The year’s programmed works are now complete.
2.2 Balranald Water Network
Public Works Advisory has commenced work on the Integrated Water Cycle
Management (IWCM) Plan. It is anticipated that an interim report will be
available by the end of April in line with the critical timetable for any upgrading
or replacement of the water treatment plant ahead of the 2020-21 summer.
Scheduled works on the water network have either been completed or have
been deferred pending the outcome of the IWCM Plan and potential water
treatment plant replacement. Planning for the scheduled refurbishment of the
filtered water reservoir is being undertaken with assistance from consultants.
2.3 Euston Sewerage Program
Programmed upgrading of pumps and switchboards has been completed.
2.4 Euston Water Network
Air scouring works have been completed for the year. A switchboard and
PLC/alkalinity upgrade is in hand.
As previously reported to Council, the filtered water system is currently near
capacity with any future increase in demand needing a costly system
enhancement. A preliminary study has been undertaken of the potential to
connect Euston to the Robinvale filtered water network via an under-river
pipeline, as a possible alternative to further investment in expanding the existing
plant. A commercial proposal has been received from Lower Murray Water
(LMW) and discussions are in hand aimed at progressing the investigation to a
more formal business case for the approval of Council and the LMW Board.
3. Civic enhancement projects
3.1 Market Street upgrade
Remaining works comprising the installation of shade structures and
landscaping/tree planting will commence in the next couple of weeks.
3.2 Riverfront precinct
As previously reported, given the level of public interest in the proposed swing
bridge, this will be the subject of a formal development application process
before detailed design work proceeds. Planning is in hand to progress the
construction of the walking trail as a means of providing casual employment for
locals laid off as a consequence of the pandemic.
4. Buildings and Facilities
4.1 Football/Netball Club
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.6 Page 65
Installation of the new kitchen is almost complete, being the final element of this
project.
Planning and concept design of the new change rooms is being driven at this
stage by Balranald Football Club, with assistance from an architect appointed
by Council. Council will take over the procurement process once the Club has
finalised the concept. However work is currently stalled.
4.2 Swimming Pool
No new works to report.
4.3 Bidgee Haven Hostel
Preliminary design and project costings for the proposed 15-bed high
dependency extension are now complete. Tenders for the detailed design and
construction of the project have been put on hold due to the current pandemic
situation which would make it impossible to proceed with construction. An
application has been lodged with funding authorities to defer the required
completion date of 31 December 2020.
4.4 Aerodrome
No new works to report.
4.5 Visitor Centre/Discovery Centre
Preliminary work to conceptualise the integration of the three existing pavilions
with a new common foyer and display space has been put on hold due to the
pandemic.
4.6 Balranald Landfill
Work continues at the landfill to clean up historic uncontrolled tipping, to better
control specialist waste and to clean up and reconfigure the main entry.
Discussions regarding a transition of site management from Cleanaway Ltd
have been suspended due to the pandemic. It is proposed to retain the current
arrangements for the time being, but an audit of revenues and costs under the
Cleanaway arrangement can still proceed. Funding will be sought in the 2020-
21 budget for funds needed to provide acceptable security fencing and access
control.
The EPA has also recommended that Council engage a suitable qualified
expert to undertake a review of the landfill operation to assess consistency with
the requirements of the NSW EPA Environmental Guidelines: Solid Waste
Landfills 2016. A suitable consultant has been identified for this task.
The Engineering and Transport Committee of the Far West JO, comprising the
four engineering directors, is considering a proposal from Public Works
Advisory to prepare a Regional Waste Strategy, and a decision on this is
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.6 Page 66
scheduled for 17 April 2020. The outcome of this decision may affect the above
proposal.
4.7 Euston Landfill
No items to report. Management of this facility is outsourced to Robinvale
Waste.
4.8 Balranald Cemetery
As previously reported, a master plan of the cemetery is required to identify an
appropriate site for an “open air chapel” or similar public space for graveside
funerals and memorial services, with a view to potentially locating a toilet
nearby. This will be considered in the context of the 2010-21 budget.
4.9 Euston Cemetery
Installation of a toilet and perimeter irrigation works will commence shortly.
Local Land Services is proposing to rabbit-proof the perimeter fence prior to the
planting of trees that are specifically chosen to attract regent parrots.
4.10 Euston Recreation Reserve
Repairs have been carried out to rectify a drainage problem causing failure of
the netball courts surfacing, and the resurfacing of the affected area is to be
arranged.
4.11 Euston Riverfront Reserve
The Euston Club has agreed to a significant financial contribution for
improvements to the riverfront parking area and to upgrade infrastructure on the
riverside walking track.
4.12 Ben Scott Memorial Bird Walk
Funding has been received under the Round 2 of the Drought Communities
Programme to restore the Ben Scott Memorial Bird Walk. Planning is in hand to
progress this project as a means of providing casual employment for locals laid
off as a consequence of the pandemic. This work is required to be completed by
31 December 2020.
4.13 Community Facilities Upgrades
Funding has been received under the Round 2 of the Drought Communities
Programme for installation and/or upgrading of community facilities in the
smaller communities of the Shire. Council adopted a procedure at the March
OCM to invite submissions to a maximum of $10,000 in the first instance and
these will be assessed progressively. These projects are required to be
completed by 31 December 2020.
5. Town Maintenance Works
5.1 Balranald town maintenance
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Item 10.6 Page 67
The Operations team continue to carry out routine town maintenance tasks and
specific works as required from time to time.
5.2 Euston town maintenance
A short-term contract has been let to supplement the Council’s own town
maintenance resources, which has shown immediate improvements in the
presentation of the main public spaces. Options for longer-term arrangements
are under consideration.
5. Policy development
Policy reviews for Sealed and Unsealed Roads and Grids, all of which are
overdue, are in hand. A consultation process will be implemented regarding grid
replacement and road fencing prior to presentation of a settled policy to Council.
6. Forward planning
6.1 Asset Management Plan
The review of the Asset Management Plan (AMP) has been further delayed due
to more pressing issues with the pandemic.
6.2 Long-term Infrastructure Plan
It had been hoped to present a draft 5-year Infrastructure Plan for consideration
as part of the inputs to the 2020-21 budget, with a draft available at this time.
However there are still major uncertainties about key input variables and more
pressing issues associated with the pandemic have delayed further
assessment.
FINANCIAL IMPLICATION
As per budgeted works program unless otherwise noted in this Report.
LEGISLATIVE IMPLICATION
Nil.
POLICY IMPLICATION
Access to Town Water Supply Policy Contaminated Lands Policy Footpath Policy Grids Policy Nature Strip Landscaping Policy Pool Inspection Policy Recreation Areas Policy Road Class Maintenance Policy Roads Policy Signs Policy
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 10.6 Page 68
RISK RATING
Project based risks have been individually assessed
ATTACHMENTS
Nil
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Item 11.1 Page 69
PART B – ITEMS FOR INFORMATION
11 GENERAL MANAGER’S REPORTS
11.1 CORRESPONDENCE
Record Number: D20.29799
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 1: Our People – A community that is proactive, engaged, inclusive and connected.
OFFICER RECOMMENDATION
That the correspondence be received and noted.
PURPOSE OF REPORT
To advise Council of recent correspondence of interest.
REPORT
1. Letter from Balranald Country Education Fund.
2. Letter from Little Bunyips requesting rent relief.
ATTACHMENTS
1. BCEF - letter of thanks - donation 2. Little Bunyips - letter rent relief
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 11.2 Page 70
11.2 OUTSTANDING ACTIONS
Record Number: D20.30008
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 1: Our People – A community that is proactive, engaged, inclusive and connected.
OFFICER RECOMMENDATION
That the report be received and noted.
PURPOSE OF REPORT
To bring forward for information the Action Report with actions taken on previous council resolutions
REPORT
Action sheet as attached from previous meetings.
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Nil
POLICY IMPLICATION
Nil
RISK RATING
Low
ATTACHMENTS
1. Outstanding Actions
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.1 Page 71
12 CORPORATE & COMMUNITY SERVICES REPORTS
12.1 TOURISM REPORT
Record Number: D20.29897
Authorising Officer: Terri Bilske, Director Corporate & Community Services
Operational Plan Objective: Pillar 4: Our Culture – A community that respects and celebrates its diverse cultures, heritage and arts.
OFFICER RECOMMENDATION
That the report be received and noted.
PURPOSE OF REPORT
To provide council with an update on Tourism Activity for the month of March 2020.
REPORT
Visitation Statistics
March is historically the month that visitors are starting to head to north for the cooler months and the warmer weather, however the impact of the bushfires and floods were always going to have an impact on those numbers driving through.
On top of the bushfires and floods, we were also being impacted by the COVID-19 epidemic and it was during March that restrictions were being rolled out throughout Australia. Given those restrictions, our Visitor Information Centre closed on Wednesday 25th March, and our recorded statistics show decrease in visitation, albeit very small.
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.1 Page 72
Website and Social Media Statistics
As previously reported, page likes continue to be constant, whilst we have new followers, others are unfollowing. New likes, reach and engagements are all organic, which has been recommended by Social Media experts and organisations.
Merchandise
Preparations for the beginning of an increase in visitors passing through or visiting Balranald were being made with an increase merchandise stock and a focus on Aboriginal Art, purchased from our local Aboriginal Artist Louise Murray. Previous pieces of Louise’s art have sold very well and over the next few months, we will be in contact with our local artists and producers in an effort to support local.
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.1 Page 73
Visitor Guide
Under the current conditions, it is widely recommended that the visitor guide is not printed until travel restrictions are released (recommendations at AVIC Industry Advisory Group discussions). Under this guidance, our guide will be available online to download from the website upon completion. Final product is delayed due to the effects of COVID-19 operational requirements of contractor.
Advertising
Caravanning Australia Autumn adventures edition included a section on the ‘Magical Murrumbidgee’ and nine inland experiences in NSW, which included full page advertising for Balranald and Euston along with an image of Mungo National Park.
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Nil
POLICY IMPLICATION
Nil
RISK RATING
Nil
ATTACHMENTS
Nil
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.2 Page 74
12.2 COUNCIL FINANCIAL REPORT - MARCH 2020
Record Number: D20.29936
Authorising Officer: Terri Bilske, Director Corporate & Community Services
Operational Plan Objective: Pillar 6: Our Leadership – A community that values and fosters leadership, lifelong learning, innovation and good governance.
OFFICER RECOMMENDATION
That the report be received and noted.
PURPOSE OF REPORT
The purpose of the Financial Review report is to provide Council with accurate and timely reporting of income and expenditure against the adopted 2019-20 Operational and Capital Works budget.
REPORT
The monthly financial report of Council provides a “snapshot” of Council’s financial performance. Council’s Income, Operating Expenditure and Capital Expenditure are reviewed on a monthly basis. Financial information to 31 March 2020 is presented to Council for information.
This financial review report includes the following:
1. Statement of Comprehensive Income – This shows what is expected to happen during the financial year in terms of income, expenses and other adjustments;
2. Analysis of Council’s income, operating expenditure and capital expenditure in terms of how it is tracking year to date against budget expectations;
3. Statement of Comprehensive Income (By Function) – Another way of presenting the income, expenses and adjustments based on Council’s Functions/ Activities;
4. Financial performance indicators.
Statement of Comprehensive Income This section of the Financial Review report provides a budgeted versus actual in relation to Council’s income, operating expenditure and other adjustments for the period 1 July 2019 to 31 March 2020. 62.51% of the income budget has been received or invoiced, and 68.59% of the budgeted operating expenditure has been expensed as at the report date of 31 March 2020. 43.09% of the Capital Works program has been spent for the same period. It should be noted that during the month of July a large amount of expenditure paid by Council relates to the June 2019 month or earlier and as a result is accrued back into the previous financial year.
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.2 Page 75
For 2019/20 financial year, Council has budgeted for a balanced budget. This was revised to $214,647 surplus as at 31 December 2019 in the 2nd quarter budget review. Council’s actual result as at 31 March 2020 is a total budget surplus of $2,503,263. It should be noted that this surplus includes the full income from the July 2019 rates notice run. Over the remaining months through to June 2020, expenses will increase and this surplus will reduce. Council needs to ensure it has balanced or surplus budgets in future years, as operating deficits will impact on Council’s future financial sustainability. Analysis of Council’s Income for the Period Rates and Annual Charges (Represents 16% of Council’s total budgeted income) Council has issued 2019/20 annual rates notices in July 2019. The 3rd instalment was due on 29 February 2020, but Council recognises the total rate income at the time it is rated, or levied. When setting the budget for rates and annual charges, conservative estimates and the rates review has contributed to variances and any variances will be highlighted in quarterly budget reviews. User Charges and Fees (Represents 13% of Council’s total budgeted income)
2019/20 Yr 2019/20 Yr 2019/20 Yr Percentage
Income from Continuing Operations Original Budget Amended Budget Actual Actual over Budget
Rates and Annual Charges 3,812,184 4,624,833 4,543,634 98.24%
User Charges and Fees 3,098,080 2,732,790 1,839,092 67.30%
Interest and Investment Revenue 106,435 105,765 117,917 111.49%
Other Revenues 429,001 438,750 471,776 107.53%
Grants & Contributions for Operational Purposes 6,432,795 4,684,911 2,666,930 56.93%
Grants and Contributions for Capital Purposes 10,325,600 6,825,012 2,494,354 36.55%
Net Profit from the Disposal of Assets 10,000 10,000 6,329 63.29%
Total Income from Continuing Operations 24,214,095 19,422,061 12,140,031 62.51%
Expenses from Continuing Operations
Employee Benefits and On-costs (5,891,190) (5,863,625) (4,200,531) 71.64%
Borrowing Costs (143,600) (143,600) (82,134) 57.20%
Materials and Contracts (3,429,375) (3,639,260) (2,455,710) 67.48%
Depreciation and Amortisation (5,028,492) (5,028,492) (3,361,512) 66.85%
Other Expenses (1,873,075) (1,997,804) (1,336,395) 66.89%
Total Expenses from Continuing Operations (16,365,732) (16,672,781) (11,436,283) 68.59%
NET OPERATING RESULT FROM CONTINUING
OPERATIONS SURPLUS/ (DEFICIT) 7,848,363 2,749,280 703,748 25.60%
Other Funding Movements
Total Capital Expenditure (13,436,375) (10,888,997) (4,692,291) 43.09%
Total Transfers From/ (To) Reserves 824,595 3,589,947 3,233,081 90.06%
Total Loan Movements (265,075) (265,075) (102,788) 38.78%
Depreciation Contra Income 5,028,492 5,028,492 3,361,512 66.85%
TOTAL OTHER FUNDING MOVEMENTS SURPLUS/ (DEFICIT) (7,848,363) (2,535,633) 1,799,514 -70.97%
TOTAL BUDGET SURPLUS/ (DEFICIT) 0 213,647 2,503,263
NET OPERATING RESULT BEFORE CAPITAL ITEMS
SURPLUS/ (DEFICIT) (2,477,237) (4,075,732) (1,790,605) 43.93%
CONSOLIDATED COUNCIL
Balranald Shire Council - Long Term Financial Plan - Income Statement
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.2 Page 76
Each year Council is required to adopt by resolution the Fees and Charges for the services it provides. There are two types of fees that can be charged: regulatory and those set by Council for its own services. Regulatory fees are set by regulation or legislation, with the fee been set. Council cannot charge above the prescribed amount for the relevant Regulation or Act. Fees that are not regulated are set by Council on a cost recovery basis, where possible. Interest and Investment Revenue (Represents 1% of Council’s total budgeted income) Council invests surplus funds to achieve a better return on investment. The interest rate, or rate of return, will vary depending on various factors, including type of investment and market rates. Council is required to investment surplus funds in accordance with Council’s Investment Policy. Income from this stream is expected to be within 2019/20 budget expectations, but will be lower when compared to previous year’s actuals due to the cash rate being 0.25% at the time of preparing this report. Council’s investment balances and return are reported in a separate report to Council each month. Interest received is currently tracking to budget. Other Revenues (Represents 2% of Council’s total budgeted income) This includes income streams from rental properties, tourism sales, rebates and agency agreements. Grants and Contributions for Operating Purposes (Represents 27% of Council’s total budgeted income) This covers grant funding received from various State and Federal Government department and includes the Financial Assistance Grant. The majority of grant funding received by council is tied to specific use. For example, Roads to Recovery funding can only be spent on the nominated roads and not on general operations. Council has received the 3rd quarter instalment of the Financial Assistance Grant of $529,478 during the February month. Grants and Contributions for Capital Purposes (Represents 41% of Council’s total budgeted income) This covers grant funding received from various State and Federal Government departments and are that is capital by nature; generally used to renew or construct new assets which provide the Council with long-term benefits. Funds received to 31 March 2020 have mainly been roads and maritime service (RMS) grants. Analysis of Council’s Operating Expenditure for the Period Employee Benefits and On-costs (Represents 36% of Council’s total budgeted operating expense) This category covers all labour related expenses, including salaries, leave entitlements, superannuation, and training and workers compensation. Council is required to pay employees as per the Local Government NSW Award (2017), which prescribes the rates of pay as well as increases for the next 3 years. Hostel staff are covered by the Local Government, Aged, Disability and Home Care (State) Award. The average fortnight payroll for Council is $180,150. Borrowing Costs (Represents 0.88% of Council’s total budgeted operating expense) Council has borrowed funds in the past to undertake infrastructure and plant replacement projects. Over time, these loans are repaid and incur interest cost as a result. Council remaining loan balance at 30 June 2019 is $2.56 million. Materials and Services (Represents 21% of Council’s total budgeted operating expense)
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Item 12.2 Page 77
This covers operational expenditure relating to contractors, materials and other expenditure incurred in providing services to the Council shire area. Services include, but not limited to, road maintenance, parks maintenance, water services, sewerage services and waste services. Council has expended as at 31 March 2020 $811,566 of the additional $720,000 budgeted unsealed roads operational maintenance program (a total of $1.2 million additional budget was assigned to unsealed roads for 2019/20 and is $720,000 operation maintenance and $480,000 capital works). Depreciation (Represents 31% of Council’s total budgeted operating expense) Depreciation is an accounting measure which records the consumption of the Council’s assets due to wear and tear. It is vital that Council employs a well-funded capital works program for renewing infrastructure as insufficient funding of infrastructure replacement will lead to asset degradation and higher maintenance costs. Note that Depreciation is a non-cash item and has no effect on Council’s cash flow. Other Expenses This category includes all other expenses not covered in one of the categories above, for example, and not limited to, insurances, administration expenses, donations, contributions to emergency services and councillor expenses. Analysis of Council’s Capital Expenditure for the Period As at 31 March 2020, $4.692 million from a total revised capital works budget of $10.889 million has been spent. Revised capital works budget includes the December 2019 quarterly budget review movements. It should be pointed out that expenses for July generally relate to capital works completed in June and are accrued back to the previous year. A breakdown of capital expenditure for the reporting period, based on Function, is as per below:
Financial Sustainability Indicators Operating performance ratio - This ratio measures Council’s achievement of containing operating expenditure within operating revenue; Own source revenue ratio - the measurement of a local government’s ability to cover its costs through its own revenue efforts, namely rates, annual charges and fees and charges;
Capital Works Program by Status Amended Budget Amount ($) Actual ($) Budget Remaining As a % (Spent)
New Capital Works 1,900,230 270,674 1,629,556 14.24%
Renewal Capital Works 8,988,767 4,421,617 4,567,150 49.19%
10,888,997 4,692,291 6,196,706 43.09%
Capital Works Program by Function of Council - SummaryAmended Budget Amount ($) Actual ($) Budget Remaining As a % (Spent)
Governance 150,845 0 150,845 0.00%
Administration 579,600 350,070 229,530 60.40%
Community Services & Education 1,170,000 113,772 1,056,228 9.72%
Housing & Community Amenities 370,000 5,039 364,961 1.36%
Water Services 782,000 526,425 255,575 67.32%
Sewerage Services 447,000 355,180 91,820 79.46%
Recreation & Culture 1,487,254 575,439 911,815 38.69%
Transport & Communication 5,767,598 2,701,097 3,066,501 46.83%
Economic Affairs 134,700 21,771 112,929 16.16%
Environment 0 0 0 0.00%
Public Order and Safety 0 43,500 (43,500) 0.00%
Total 10,888,997 4,692,291 6,196,706 43.09%
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Item 12.2 Page 78
Rates and annual charges outstanding ratio - To assess the impact of uncollected rates and annual charges on Council's liquidity and the adequacy of recovery efforts.
Benchmark 2019/20 Budgeted June 2020
2019/20 Actual
Mar 2020
Operating performance ratio >0.00% (17.92)% (18.30)%
Own source revenue ratio >60.00% 30.76% 79.45%
Rates and annual charges outstanding ratio <10.00% 5.13% 5.80%
Statement of Comprehensive Income (By Function) Another way to view the budget result is by Function/ Activity. This type of reporting is part of Council’s financial statements, as Note 2a.
Function Examples
Governance Mayor, Councillors, Administrator, General Manager office
Administration Corporate, finance, governance, engineering
Public Order & Safety Inspections, food control, noxious weeds
Health NSW Rural Fire Service, SES, animal control
Environment Waste services, street cleaning, drainage
Community Services & Education Youth, pre-schools, aged care
Housing & Community Amenities Town planning, street lighting, cemeteries
Water Supplies Water supplies
Sewerage Services Sewerage services
Recreation & Culture Library, pool, halls, sporting facilities
Mining, Manufacturing & Construct Building control
Transport & Communications Roads, bridges, footpaths, kerb, aerodromes
Economic Affairs Caravan parks, other economic affairs
General Purpose Income Untied funds shared across functions above
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.2 Page 79
Gove
rnan
ceAd
minis
tratio
nPu
blic O
rder
&
Safe
tyHe
alth
Envir
onme
nt
Comm
unity
Servi
ces &
Educ
ation
Hous
ing &
Comm
unity
Amen
ities
Wate
r
Supp
lies
Sewe
rage
Servi
ces
Recre
ation
&
Cultu
re
Mini
ng,
Man
ufac
ture
&
Trans
port
&
Comm
unica
tio
n
Econ
omic
Affai
rs
Gene
ral
Purp
ose
Incom
e
Total
Incom
e fro
m Co
ntinu
ing O
perat
ions
Rate
s and
Annu
al Ch
arges
-
2,5
49,30
4
-
-
18,79
9
-
35
2,614
1,0
36,79
3
58
4,959
1,1
64
-
-
-
-
4,5
43,63
4
User
Charg
es an
d Fee
s-
723,7
51
1,430
-
-
213,2
41
63,70
3
89,94
2
55,32
4
-
8,7
14
13
1,801
55
1,185
-
1,839
,092
Inter
est a
nd In
vestm
ent R
even
ue-
335
-
-
-
2,786
2,956
11,71
0
6,548
5,481
-
-
-
88
,101
11
7,917
Othe
r Rev
enue
s10
,844
27
5,535
-
-
-
10,00
9
55,19
9
57,74
2
-
3,7
92
45
6,8
82
51
,729
-
471,7
76
Gran
ts &
Cont
ribut
ions f
or O
perat
ional
Purp
oses
5,455
1,622
,624
14
9,381
-
-
59
0,227
8,9
22
-
6,314
67,42
2
-
20
6,106
-
10,48
0
2,666
,930
Gran
ts an
d Con
tribu
tions
for C
apita
l Pur
pose
s72
4,427
(14
,950)
18
,527
-
66,00
0
-
-
12,10
2
-
25
3,627
-
1,434
,620
-
-
2,494
,354
Prof
it on S
ale of
Plan
t-
6,329
-
-
-
-
-
-
-
-
-
-
-
-
6,329
Total
Inco
me fr
om Co
ntinu
ing O
perat
ions
740,7
26
5,162
,928
16
9,338
-
84,79
9
816,2
63
483,3
93
1,208
,290
653,1
45
331,4
87
8,759
1,779
,408
602,9
14
98,58
1
12,14
0,031
Expe
nses
from
Cont
inuing
Ope
ration
s
Emplo
yee B
eneif
ts an
d On-
costs
(350,9
79)
(1,
794,1
90)
(3,82
7)
(31,76
4)
(58,91
9)
(687,3
96)
(12
0,591
)
(157,5
27)
(41
,465)
(22
4,429
)
(27,00
0)
(492,0
22)
(21
0,420
)
-
(4,
200,5
30)
Borro
wing
Costs
-
(14
,033)
-
-
(13
,493)
-
-
(21
,987)
-
-
-
-
(32
,620)
-
(82,13
4)
Mate
rials
and C
ontra
cts(14
8,142
)
(228,7
62)
(71
,883)
(6,
190)
(62
,827)
(11
8,193
)
(94,71
3)
(131,6
90)
(30
,382)
(99
,247)
-
(999,6
27)
(46
4,056
)
-
(2,
455,7
11)
Depr
eciat
ion an
d Amo
rtisa
tion
-
(25
4,350
)
(7,10
6)
-
(37
,248)
(51
,571)
(52
,116)
(18
5,056
)
(118,1
43)
(27
9,360
)
-
(2,
336,4
54)
(40,11
0)
-
(3,
361,5
12)
Othe
r Exp
ense
s(14
2,526
)
(120,4
82)
(23
5,407
)
(440)
(773)
(159,0
38)
(57
,118)
(13
3,476
)
(52,35
9)
(264,1
66)
(6,
092)
(10
,760)
(15
3,757
)
-
(1,
336,3
95)
Total
Expe
nses
from
Cont
inuing
Ope
ration
s(64
1,647
)
(2,41
1,817
)
(31
8,223
)
(38,39
4)
(173,2
60)
(1,
016,1
99)
(324,5
38)
(62
9,736
)
(242,3
49)
(86
7,202
)
(33,09
3)
(3,83
8,863
)
(90
0,963
)
-
(11
,436,2
83)
NET O
PERA
TING
RESU
LT FR
OM CO
NTIN
UING
OPER
ATIO
NS SU
RPLU
S/ (D
EFICI
T)99
,079
2,7
51,11
1
(148,8
84)
(38
,394)
(88
,461)
(19
9,936
)
158,8
55
578,5
54
410,7
96
(535,7
15)
(24
,333)
(2,
059,4
54)
(298,0
49)
98
,581
70
3,748
NET O
PERA
TING
RESU
LT BE
FORE
CAPIT
AL IT
EMS
SURP
LUS/
(DEF
ICIT)
(625,3
49)
2,7
66,06
1
(167,4
12)
(38
,394)
(15
4,461
)
(199,9
36)
15
8,855
56
6,451
41
0,796
(78
9,342
)
(24,33
3)
(3,49
4,074
)
(29
8,049
)
98,58
1
(1,79
0,605
)
Othe
r Fun
ding M
ovem
ents
Total
Capit
al Ex
pend
iture
(90,03
3)
(311,0
86)
(43
,500)
-
-
(10
7,822
)
(4,49
0)
(531,9
27)
(35
4,940
)
(503,7
61)
-
(2,71
0,453
)
(34
,280)
-
(4,69
2,291
)
Total
Tran
sfers
From/
(To)
Rese
rves
-
-
-
-
-
-
-
-
-
13
1,115
-
1,009
,832
-
2,0
92,13
5
3,2
33,08
1
Total
Loan
Repa
ymen
ts-
(71,03
6)
-
-
-
-
-
(31
,752)
-
-
-
-
-
-
(10
2,788
)
Depr
eciat
ion Co
ntra
Incom
e-
254,3
50
7,106
-
37
,248
51
,571
52
,116
18
5,056
11
8,143
27
9,360
-
2,336
,454
40,11
0
-
3,3
61,51
2
TOTA
L OTH
ER FU
NDIN
G M
OVEM
ENTS
SURP
LUS/
(DEF
ICIT)
(90,03
3)
(127,7
72)
(36
,394)
-
37,24
8
(56,25
1)
47,62
6
(378,6
24)
(23
6,797
)
(93,28
6)
-
63
5,833
5,8
30
2,0
92,13
5
1,7
99,51
4
TOTA
L BUD
GET S
URPL
US/ (
DEFIC
IT)9,0
46
2,6
23,33
9
(185,2
78)
(38
,394)
(51
,212)
(25
6,188
)
206,4
80
199,9
30
173,9
99
(629,0
02)
(24
,333)
(1,
423,6
22)
(292,2
19)
2,1
90,71
6
2,5
03,26
3
FUNC
TION
OF CO
UNCIL
Balra
nald
Shire
Coun
cil - L
ong T
erm
Fina
ncial
Plan
- By F
uncti
on - 2
019/
20 Ye
ar
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.2 Page 80
FINANCIAL IMPLICATION
Nil. Any variations to budget are addressed in the quarterly budget review process.
LEGISLATIVE IMPLICATION
Nil
POLICY IMPLICATION
Nil
RISK RATING
Low
ATTACHMENTS
Nil
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.3 Page 81
12.3 STATEMENT OF FUNDS: 31 MARCH 2020
Record Number: D20.29948
Authorising Officer: Terri Bilske, Director Corporate & Community Services
Operational Plan Objective: Pillar 6: Our Leadership – A community that values and fosters leadership, lifelong learning, innovation and good governance.
OFFICER RECOMMENDATION
That Council receive and note the Statement of Funds for the period ending 31 March 2020. PURPOSE OF REPORT
The purpose of this report is to:
1. To advise Council of the balance of funds and investments held for the month ending 31
March 2020;
2. Certify that Council’s investments have been made in accordance with the Local Government Act 1993 (Section 625), the Local Government (General) Regulation 2005 (Section 212) and Council’s Investment Policy, which was adopted by Council on the 17 October 2017
REPORT
Council’s total investments including cash as at 31 March 2020 is $10,269,767. This is a decrease of ($57,550) on the previous month’s total of $10,327,317. The increase above has been the result of monthly movement in Council’s cash and at call accounts. These accounts are used for the purpose of day to day operations of Council. Some of the large receipts received by Council during March 2020 include:
Bankwest Account Closure $1,009,827 Drought Communities Grant Funds $ 500,000 Our Region, Our Rivers Grant Funds $ 123,097
Term Deposit investments total remained at $6,000,000 for March 2020. Note that the following movements in investments occurred during the month:
Institution Council Ref Date Amount Movement
Westpac INV16 03/03/2020 ($750,000) Term deposit matured
Westpac INV16 03/03/2020 $750,000 Term deposit reinvested
Bankwest On-Call 12/03/2020 ($1,009,827) Account closed. Funds returned
Council had an on-call account with Bankwest. This account was closed by Bankwest during March as the account was withdrawn from the treasury market by Bankwest. Invested funds, including interest to 12 March, were returned to Council.
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.3 Page 82
A summary of Council’s investment and cash balances as at 31 March 2020:
Council’s weighted average return for all investments and cash accounts for the month is 1.06%, which is above the required 90 bank bill swap reference rate of 0.37% as at 31 March 2020. Note that the official cash rate had two 0.25 base points’ decreases during the month of March, with the official cash rate now at 0.25%. The weighted average return rate is the rate which considers the size of the investment as well as the interest rate of the investment. The graph below shows Council’s performance for the past 12 months against the 90 bank bill swap reference rate.
Month End Return on Investments for Past 12 Months
Reference S&P Rating Term (Days) Start Date Maturity Date
Interest
Rate/ Rate
of Return
Investment
Value
Term Deposits
Westpac Bank INV12 A-1+ 280 4/02/2020 10/11/2020 1.54% 1,000,000
Westpac Bank INV14 A-1+ 182 31/12/2019 30/06/2020 1.72% 1,000,000
Westpac Bank INV15 A-1+ 126 28/01/2020 2/06/2020 1.70% 1,000,000
Westpac Bank INV16 A-1+ 92 3/03/2020 3/06/2020 1.34% 750,000
Westpac Bank INV17 A-1+ 334 31/10/2019 29/09/2020 1.62% 750,000
Macquarie Bank INV18 A-1 214 27/09/2019 28/04/2020 1.70% 1,000,000
NAB Bank INV19 A-1+ 365 30/09/2019 29/09/2020 1.55% 500,000
Total Term Deposits Average rate 1.60% 6,000,000
At Call Accounts
Westpac Cash Reserves AT CALL 0.19% 602,824
TCorp AT CALL 0.92% 1,264,814
Cash Accounts
Westpac Bank CASH AT BANK 0.01% 2,402,129
TOTAL BANK 4,269,767
TOTAL INVESTMENTS PORTFOLIO INCLUDING CASH 10,269,767
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.3 Page 83
Month End Return on Investments Percentages for Past 12 Months
Council’s total investment and cash accounts balance of $10,269,767 is split across the funds as listed below:
Balance by Funds for Past 12 Months
90 BBSW Rate Council WAIR RBA Cash Rate
Apr-19 1.56% 2.12% 1.50%
May-19 1.40% 1.89% 1.50%
Jun-19 1.21% 2.00% 1.25%
Jul-19 1.01% 1.58% 1.00%
Aug-19 0.97% 1.51% 1.00%
Sep-19 0.95% 1.55% 1.00%
Oct-19 0.93% 1.50% 0.75%
Nov-19 0.93% 1.29% 0.75%
Dec-19 0.92% 1.31% 0.75%
Jan-20 0.88% 1.30% 0.75%
Feb-20 0.88% 1.27% 0.75%
Mar-20 0.37% 1.06% 0.25%
FUNDS HELD Investment Bank Combined Restricted Unrestricted
General Fund 4,900,000 2,305,498 7,205,498 3,888,080 3,317,418
Domestic Waste Management 0 418,317 418,317 418,317 0
Water Supplies 600,000 1,218,368 1,818,368 1,818,368 0
Sewerage Service 500,000 327,584 827,584 827,584 0
TOTAL FUNDS HELD 6,000,000 4,269,767 10,269,767 6,952,349 3,317,418
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.3 Page 84
The table below shows the individual make-up of the restricted amounts that combine to a total of $6,952,349 at end of month.
The bank reconciliation on the Westpac cash account, or operating account, has been reconciled as at 31 March 2020 and is shown below:
Certification by the Responsible Accounting Officer: I hereby certify that the investments listed within this report were made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.
Terri Bilske Responsible Accounting Officer 7 April 2020
RESTRICTED FUNDS External Internal March 2020 Total
Specific Purpose Unexpended Grants 221,677 221,677
Domestic Waste Management 418,317 418,317
Water Supplies 1,818,368 1,818,368
Sewerage Service 827,584 827,584
Other (Unexpended Cont. Euston) 50,000 50,000
Future Development Reserve 750,000 750,000
Plant & Vehicle Replacement 350,119 350,119
Infrastructure Replacement 214,000 214,000
Employee Leave Entitlements 269,000 269,000
Deposits, Retentions & Bonds 99,568 99,568
Caravan Park 246,465 246,465
Euston Cemetery 38,000 38,000
Health Reserve 6,000 6,000
Hostel Bonds 1,097,060 1,097,060
Market Street Improvements 20,000 20,000
Town Clock 3,000 3,000
Gravel Pit Rehabilitation 234,065 234,065
Lake Benanee Capital Improvements 1,126 1,126
Other Assets Replacement 286,000 286,000
Berrett Park Revitalisation (Council Contribution) 2,000 2,000
TOTAL RESTRICTED FUNDS 3,335,946 3,616,403 6,952,349
Cashbook Summary
Opening Cashbook Balance 1,449,748
Plus Receipts 2,317,593
Less Payments (1,365,212)
Cashbook Balance at 31 March 2020 2,402,129
Statement Summary
Opening Statement Balance 1,424,128
Plus Receipts 2,342,273
Less Payments (1,364,892)
Bank Statement Balance at 31 March 2020 2,401,509
Plus Unpresented Receipts 219
Less Unpresented Payments 401
Reconciliation Balance at 31 March 2020 2,402,129
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 12.3 Page 85
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
The Local Government Act 1993 The Local Government (General) Regulation 2005 Ministerial Investment Order (Gazetted 11 February 2011)
POLICY IMPLICATION
Council’s Investment Policy (Approved 17th October 2017)
ATTACHMENTS
Nil
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 13.1 Page 86
13 INFRASTRUCTURE & DEVELOPMENT REPORTS
13.1 PLANNING ADMINISTRATION
Record Number: D20.28886
Authorising Officer: Ray Davy, Acting General Manager
Operational Plan Objective: Pillar 5: Our Infrastructure – A community that maintains and strengthens its natural and built environment.
OFFICER RECOMMENDATION
That the report be noted
PURPOSE OF REPORT
To advise Council of activities in the Planning area
REPORT
The following Notices of Determination, Construction Certificates, Complying Development Certificates, Section 68 Certificates, Subdivision Certificates and / or Occupation Certificates have been issued under delegated authority since the March 2020 meeting of Council.
Application Owner/Applicant Locality Description
DA 25/2020 Price Merrett
Consulting Pty Ltd
for Canally
Orchards Pty Ltd
Canally, 872 Weimby-Benongal Road, Balranald (Junction Park)
420ML Irrigation
Storage Dam
DA 32/2020 Fisher Planning Pty
Ltd for Ms T.L.
Turner
Sturt Highway, Euston
Onsite Sewage
Management System
DA 34/2020 Mr P.J. Zaffina 24 Tayla Court, Euston
Dwelling & Outbuilding
DA 35/2020 Mr J.S. & Mrs M.
Gervasi
10 Garreffa Parade, Euston
Shed with Skillion
Carport
CC 10/2020 Mr J.S. & Mrs M.
Gervasi
10 Garreffa Parade, Euston
Shed with Skillion
Carport
S68 06/2020 Fisher Planning Pty
Ltd for Ms T.L.
Turner
Sturt Highway, Euston
Onsite Sewage
Management System
SDC 03/2020 Wesley Pye for Mr
R. & Mr A. Davoli,
Mr F. & Mrs R.
Zaffina and Euston
Co-operative Rural
Society Limited
69 Kilpatrick Road, Euston
37 Kilpatrick Road, Euston
Kilpatrick Road, Euston
Boundary Realignment
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Item 13.1 Page 87
The following numbers of certificates relating to conveyancing have been issued since the March 2020 meeting of Council.
Environmental Planning & Assessment Act 1979
Planning Information Certificates (10.7)
8
Environmental Planning & Assessment Act 1979
Building Certificates (6.24)
0
Environmental Planning & Assessment Act 1979
Outstanding Orders (121ZP)
0
Local Government Act 1993
Outstanding Orders (735A)
0
Local Government Act 1993
Drainage Diagram
1
Biosecurity Act 2015
Outstanding Orders (Noxious Weeds)
0
FINANCIAL IMPLICATION
Nil
LEGISLATIVE IMPLICATION
Environmental Planning & Assessment Act 1979
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Local Government Act 1993
Biosecurity Act 2015
Conveyancing Act 1919
POLICY IMPLICATION
Nil
ATTACHMENTS
Nil
ORDINARY COUNCIL MEETING AGENDA 21 APRIL 2020
Page 88
14 NOTICE OF MOTION / QUESTIONS ON NOTICE
Nil
15 CONFIDENTIAL MATTERS
Nil
16 CLOSURE OF MEETING