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Mission Statement To promote the Central Darling Shire area by encouraging development through effective leadership, community involvement and facilitation of services Any public discussion of Council or Committee reports and recommendations is on the basis that such reports or recommendations do not have effect until adopted by a full meeting of Council. CENTRAL DARLING SHIRE COUNCIL Agenda For the Ordinary Meeting Wednesday 25 July 2018 at 9:00am In the Council Chambers Wilcannia NSW Council dedicated to serving its Communities

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Page 1: To promote the Central Darling Shire area by encouraging ... · A recent letter received from the Wilcannia Health Council (refer to Appendix) wishing Council to ... RECOMMENDATION

Mission Statement

To promote the Central Darling Shire area by encouraging development through effective

leadership, community involvement and facilitation of services

Any public discussion of Council or Committee reports and recommendations is on the basis that such reports or

recommendations do not have effect until adopted by a full meeting of Council.

CENTRAL DARLING

SHIRE COUNCIL

Agenda

For the Ordinary Meeting

Wednesday 25 July 2018 at 9:00am

In the Council Chambers

Wilcannia NSW

Council dedicated to serving its Communities

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The Ordinary Meeting of Council will be held in the Council Chambers on Wednesday 25 July 2018 commencing at 9:00am.

1 ORDER OF BUSINESS

SECTION 1. ATTENDANCE ....................................................................................................................... 3

SECTION 2. DISCLOSURES OF INTEREST – PECUNIARY AND NON-PECUNIARY ....................................... 3

SECTION 3. PUBLIC ACCESS – QUESTIONS AND COMMENTS FROM THE PUBLIC .................................. 4

SECTION 4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....................................................... 4

4.1 BUSINESS ARISING FROM MINUTES ........................................................................................ 4

SECTION 5. ADMINISTRATOR’S MINUTE REPORT ................................................................................... 5

SECTION 6. DETERMINATION REPORTS .................................................................................................. 6

6.1 INDEPENDENT LIVING UNITS (ILUS) FOR WILCANNIA………………………………ATTACHMENT 1 .. 6

6.2 ALCOHOL FREE ZONE – WILCANNIA, MENINDEE AND IVANHOE……………..ATTACHMENT 2 .. 7

6.3 DRAFT – LONG TERM FINANCIAL PLAN 2019-28……………………………………..ATTACHMENT 3 .. 9

6.4 CALENDAR OF COMPLIANCE AND REPORTING REQUIREMENTS FOR 2017/18 MARCH 2018

TO JUNE 2018 ........................................................................................................................................ 11

SECTION 7. INFORMATION REPORTS .................................................................................................... 12

7.1 ENVIRONMENTAL SERVICES STATISTICS ............................................................................... 12

7.2 WORKS PROGRAM…………………………………………………………………………………ATTACHMENT 4 . 13

7.3 COUNTRY TOWNS WATER SUPPY, REGIONAL WATER AND WASTE WATER BACKLOG ........ 13

7.4 COBB HIGHWAY ..................................................................................................................... 14

7.5 ROADS REPORT ...................................................................................................................... 14

7.8 SERVICES ................................................................................................................................ 15

7.9 CAPITAL WORKS .................................................................................................................... 17

7.10 MOU WHITE CLIFFS THERMAL POWR STATION FRIENDS INC ................................. 17

7.11 CASH AND INVESTMENTS ............................................................................................................. 18

SECTION 8. CONFIDENTIAL MEETING ................................................................................................... 19

SECTION 9. DATE AND VENUE FOR NEXT MEETING ............................................................................. 20

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SECTION 1. ATTENDANCE

PRESENT:

Greg Wright Administrator Greg Hill General Manager Jacob Philp Director Business Services Reece Wilson Director Shire Services

Leah Dougherty Administration Officer

SECTION 2. DISCLOSURES OF INTEREST – PECUNIARY AND NON-

PECUNIARY

RECOMMENDATION:

That the Disclosures of Interest – Pecuniary and Non-Pecuniary be

received and noted.

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SECTION 3. PUBLIC ACCESS – QUESTIONS AND COMMENTS FROM THE

PUBLIC

Council’s policy regarding public access to Council Meetings states:

• public access to monthly meetings of Council is listed as an agenda item;

• each member of the public seeking to address Council is to register with the General Manager prior

to commencement of the Council meeting. Each member of the public is to complete a

“registration form’ obtained from Council staff. The registration form seeks the proposed topic or

topics in public access to be stated;

• each registered member of the public address is limited to five minutes; and

• all matters raised in public access are recorded and a response provided at the Council meeting or

in writing within one month after meeting date.

Note: The Council registration form indicates only policy making and strategic matters are permitted

in public access. Operational matters are to be addressed/raised separately with the General

Manager. Comments/statements made at Council Meetings are not subject to Parliamentary Privilege.

SECTION 4. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

RECOMMENDATION:

That the minutes of the Ordinary Meeting of the Council held on the

Wednesday 27 June 2018, be taken as read and confirmed as a

correct record of the proceedings of the meeting.

4.1 BUSINESS ARISING FROM MINUTES

Nil

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SECTION 5. ADMINISTRATOR’S MINUTE REPORT

To be tabled.

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SECTION 6. DETERMINATION REPORTS

6.1 INDEPENDENT LIVING UNITS (ILUS) FOR WILCANNIA ATTACHMENT 1

Purpose:

To have Council endorse the creation of a Working Party to undertake a preliminary study to identify

if there is a need for ILUs in Wilcannia; and further progress the study if the ILUs Working Party believes

there is a need.

Background For some time there has been discussion among various groups in the Wilcannia Community about the development of ILUs. Several locations for the ILUs had been discussed, such as the Council owned units in Ross Street near the hospital. Council would relinquish the Ross Street Units and put up a proposal to obtain the Old Police Barracks for staff accommodation. During these discussions, a Land Title Claim was put on the Old Police Barracks; more recently Council was contacted whether if we wanted to pursue ownership of the site. Council has now decided not to pursue the ownership of the Old Police Barracks, as it beneficial for the Local Aboriginal Land Council to have ownership to serve as accommodation for single people.

A recent letter received from the Wilcannia Health Council (refer to Appendix) wishing Council to facilitate a process in seeking Independent Living Units for elderly people in Wilcannia; who can live independently with assistance, one step away from residential care already provided at the hospital. It is very clear that such housing provision is beyond the scope of Council to provide, and that a business case needs to be developed to attract a private sponsor to make the provision and manage the facility with government assistance.

Summary

A small working party is required to assist Council in building a Business Case to attract any investment

into the community. The Working Party to consist of 8 Members; represented from the following

groups:

• 2- Health Council Wilcannia Representatives

• 1- Maari Ma Representative

• 1- Wilcannia Safe House Representative

• 1- Community Representative

• 3- Council –Administrator as ex-officio, Inspection/EEO Officer and General Manager

Expression of interest for the Community Representative will be advertised locally and be selected by

the Administrator and General Manager on their qualification and involvement in the Wilcannia

Community. Appendix to this report is the “Establishment & Terms of Reference of the Central Darling

Shire Council Independent Living Units (ILUs) Working Party”.

The Charter for the Independent Living Units Working (ILUs) Party has been established by Council,

primarily to investigate and make recommendations to Council by undertaking a preliminary study to

identify if there is a need for ILUs in Wilcannia, and further progress the study if the ILUs Working

Party believes there is a need. The Primary Objectives of the Working party are: -

• Determine the type of persons requiring ILUs.

• The number of people requiring ILUs

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• Identify potential location of land to be used for ILUs.

• Seek funding to undertake a Feasibility Study to determine if to progress to another stage in

the project life.

(a) Policy Implications None that are ware of

(b) Financial Implications Some minor expenses will be incurred for administration and community survey.

(c) Legal Implications Nil

(d) Community Consultations There will be a need for extensive consultation by a community survey and meeting with different community groups.

RECOMMENDATION

That Council:

1. Resolve to seek the creation of a Working Party known as “Central

Darling Shire Council Independent Living Units (ILUs) Working

Party”.

6.2 ALCOHOL FREE ZONE – WILCANNIA, MENINDEE AND IVANHOE ATTACHMENT 2

Summary

The purpose of this report is for Council to adopt the Alcohol-Free Zones for Wilcannia, Menindee and

Ivanhoe.

Commentary

Council at its’ June 2018 Meeting resolved to advertise and progress its’ proposal to re-establish the

Alcohol-Free Zones in Wilcannia, Menindee and Ivanhoe until August 2022.

Since the June Meeting action has been taken to notify and advertise the proposal in accordance with

the requirements of the Local Government Act. The submission period closed on 20 July 2018.

During the advertising/consultation period no information has been received that requires council to

adjust its’ approach on this matter.

(a) Policy Implications

Nil

(b) Financial Implications

Council will incur costs to update the existing signage (with the revised dates of the Alcohol-Free

Zones).

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(c) Legal Implications

The processes required to establish the Alcohol-Free Zone have been followed in actions undertaken

by Council.

(d) Community Consultation

The proposed Alcohol-Free Zone has been advertised and correspondence forwarded to the Police,

Licenced Premises and the NSW Anti-Discrimination Board (as required by legislation).

RECOMMENDATION

That Council approve the re-establishment of the existing Alcohol-Free Zones:

The AFZ at Wilcannia is defined as:

• All made and maintained public roads within the township of

Wilcannia

• All made and maintained footpaths within the township of Wilcannia

The AFZ area in Menindee is defined as:

All made and maintained footpaths and roads within:

• All of Noloira Street from Nora Street to Bourke Street

• All of Menindee Street from Nora Street to Maiden Street

• All of Yartla Street from Nora Street to Landells Street

• All of Paringa Street from Nora Street to Landells Street

• All of Pruella Street from Haberfield Street to Landells Street

• All of Bear Street from Noloira Street to Menindee Street

• All of Cole Street from Menindee Street to Nora Street

• Nora Street from Noloira Street to Paringa Street

• Haberfield Street from Noloira Street to Pruella Street

• Perry Street from Noloira Street to Pruella Street

• Bourke Street from Noloira Street to Pruella Street

• Landells Street from Menindee Street to Pruella Street

The AFZ at Ivanhoe is defined as:

All made and maintained footpaths and roads within:

• All of Raleigh Street from Wills Street to Behring Street

• Columbus Street from Wills Street to Behring Street

• All of John Street

• All of Elkington Street

• All of Robert Street

• Wills Street from Columbus Street to Raleigh Street

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• Bourke Street from Columbus Street to Raleigh Street

• Kennedy Street from Columbus Street to Raleigh Street

• Cook Street from Columbus Street to Raleigh Street

• Behring Street from Columbus Street to Raleigh Street

for the period 26 August 2018 to 25 August 2022.

6.3 DRAFT – LONG TERM FINANCIAL PLAN 2019-28 ATTACHMENT 3

Summary The purpose of this report is to provide Council with a draft Long Term Financial Plan (LTFP).

Commentary

The LTFP is a financial projection that quantifies the cost of Council’s services into the future, given certain assumptions and estimates.

It has been prepared to provide the community with the appropriate information about how Council’s finances will operate over the next few years in line with the different choices that can be made.

All LTFPs must be based on a set of assumptions, which generally relate to those matters which are most likely to affect the overall outcome of the LTFP. The following assumptions have been considered, discussed and ultimately used as a basis to forecast Council’s long term financial position over the period of the plan.

• Rates are forecast to increase by 2.3% in line with current rate capping guidelines

• Annual charges for water, sewer and waste services to increase by 15%

• No additional long-term debt

• All revenue sources other than rates and annual charges to rise by the Consumer Price Index (CPI) (2.0%)

• Net staff levels will remain constant in line with current service provision

• No reduction in the level of services provided

• Assets that provide an income stream or allow Council to reduce operating costs may be leased

The key outcomes from the Long Term Financial Plan include the following:

• Council’s liquidity improves over the life of the plan

• Capital Works Program has been increased for the period

• Funding being allocated for the renewal of assets to ensure sustainability in the longer term

• Council’s service levels have been maintained at the current level and will be reviewed during the term of the Plan

• Council’s overall financial position strengthens throughout the Plan.

The Plan highlights the ongoing sustainability of the Council into the future and this is further

enhanced by asset management programs and strategies that are being implemented. Council will

continue to develop these programs over the next five years and this will provide confidence for the

expenditure levels required in the future.

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The continued allocation of funding towards the renewal of assets and the consistent level of funds

applied to upgrade and maintenance of assets will result in a positive investment for the community

in the future.

Overall, the Long Term Financial Plan provides Council with a sustainable financial outlook into the

future. Its continued commitment to provide efficient services and to fund the renewal and upgrade

of its assets will result in a positive long-term viability for the community.

(a) Policy Implications

Provision of the report will evidence that Council continues to meet its legislative responsibilities relating to the preparation of the Long Term Financial Plan.

(b) Financial Implications

The financial implications are contained within the report. In essence, the Plan will evidence that Central Darling Shire Council remains financially sustainable in the long term and it is intended that the 2019-28 LTFP be based on the following guidelines:

• rate increases are in line with the governments overall rate capping strategy

• a pricing strategy for services based on Council’s preferred options for service delivery and subsidisation vs. user pays principles

• optimise debt levels within prudential guidelines

• increased funding levels for capital works and infrastructure asset maintenance

• improved liquidity

• continuing achievement of Operating Statement surpluses.

(c) Legal Implications

Nil

(d) Community Consultation

It is proposed that the Plan be placed advertised for community comment prior to alteration (if

necessary) and adoption at Council’s August Council meeting.

RECOMMENDATION

That Council:

1. Adopt the Draft Long Term Financial Plan and endorse it for public

exhibition for a period of 28 days.

2. At the conclusion of the public exhibition period, a meeting of Council

be held to consider any submissions made concerning the Draft Plan.

3. The General Manager be authorised to make any minor changes to the

Draft Plan for exhibition purposes, if required.

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6.4 CALENDAR OF COMPLIANCE AND REPORTING REQUIREMENTS FOR 2017/18

MARCH 2018 TO JUNE 2018

Summary

The purpose of this report is for Council to be updated on progress on the Compliance and Reporting

Requirements for 1 July 2017 to 30 June 2018.

Commentary The Calendar of Compliance and Reporting Requirements is a document prepared by the Division of Local Government, NSW Department of Premier and Cabinet, to assist Shires in meeting their legislative reporting requirements under the provisions of various items of impacting legislation.

In the past, various external reports on the Council’s performance have been critical of its failure to

adequately undertake the necessary completion of the legislative Compliance and Reporting

Requirements.

Date for

Compliance Subject Comment

30 April 2018 Fourth quarter rates installment notice to be sent (S.562)

Sent April 2018

30 April 2018 Public Bodies to provide Council with a list of parcels of land to which rebate applies (S.600)

Not applicable

16 May 2018 LIRS claim period for all projects approved for funding

Not applicable

Fourth installment of 2017-2018 Financial Assistance Grants

Received May 2018

31 May 2018 Last day for RAO to submit QPRS review to Council (LGGR Cl 203.1)

Provided to May Council meeting

31 May 2017 Fourth quarter rates installment due May 2018

31 May 2018 Requests to Valuer General for estimates of changes in value of land for supplementary valuations (S.513)

Completed

30 June 2018 Objections to inclusion of land to be vested in public bodies lodged (S.600.6)

Not applicable

Valuer General to provide increase in values of rate able land (S.513.2)

Received February 2018

Delivery Program Progress Reports provided to Council at least every 6 months (S.404.5)

Provided to June Council meeting

Operational Plan 2018-2019 adopted and Long Term Financial Plan updated

June & July 2018

General Manager to report to Council on contractual conditions od senior staff (S.339)

Provided to June Council meeting

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(a) Policy Implications

Nil.

(b) Financial Implications Nil.

Legal Implications

Provision of the report on a quarterly cycle will evidence that Council meets its legislative responsibilities relating to the Calendar of Compliance and Reporting Requirements as prepared by the Division of Local Government, NSW Department of Premier and Cabinet.

Community Consultation Nil.

RECOMMENDATION:

That Council note the ongoing progress from March to June 2018 on the

Compliance and Reporting Requirements 2017-18.

SECTION 7. INFORMATION REPORTS

7.1 ENVIRONMENTAL SERVICES STATISTICS

Statistics for May 2018

Development

Number of DA’s Approved 0

Total Value of DA’s Approved 0

Food Safety Food Premises Inspected 4

Animal Control

Activities

Impounded 9

Rehomed 7

Returned to Owner 1

Euthanized 1

Registrations 0

Microchipped 0

Penalty Notices Issued 0

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Water Sampling

Microbiology Samples Collected 8

Chemistry Samples Collected 0

Ivanhoe/White Cliffs Wilcannia

Inorganic Chemistry Samples

Collected

TOC Samples Collected

DBP Samples Collected

Non-Compliant Samples 1

Total Organic Carbon (TOC)

Disinfection Byproducts (DBP)

These samples are a part of the Disinfection by-product Project and will be carried out as part of

Council’s Routine Sample Collection.

7.2 WORKS PROGRAM ATTACHMENT 4

The Yearly Grading Program has been included to enable Council to follow the progress of the grading crews working throughout the Shire. Any changes will be presented monthly.

7.3 COUNTRY TOWNS WATER SUPPY, REGIONAL WATER AND WASTE WATER BACKLOG

Recent advice from NSW Public Works indicates that Council can expect finalised RFT documentation

early August 2018 for the new Water Treatment Plant at White Cliffs. Council has contacted the

funding provider, Restart NSW, and amended the expected timelines for construction.

The concept design and RFT documentation for the new reticulation network and rising mains is

expected shortly thereafter.

Construction of all new infrastructure is expected to be completed and commissioned over the next

12 to 18 months and has been budgeted accordingly.

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7.4 COBB HIGHWAY

Recent media advice indicates substantial funding has been approved for the Cobb Highway and Silver City Highway initial sealing works. The funding will enable completion of all unsealed segments on the highways resulting in all NSW highways to be fully sealed.

Council is in the process of tender preparation for Slamannon Initial Seal Project which was prepared and advertised by RMS through ETendering RFT arrangements. Tenders close 27 July 2018. Council will be updated following tender review process.

7.5 ROADS REPORT

The purpose of this report is to update Council on the roads expenditure to date.

State Roads:

• 2018/2019 RMCC Routine Maintenance preliminary allocation is $600,000.

• 0 Works Orders have been issued to Council 2018/19. There are 2 Work Orders that have been

carried over from last financial year being 111.18.15 SH21 Willandra Bridge Works $192,523

and 111.18.16 SH21 Willandra HP $81,144

Works Description Original Budget % Completed Remaining Budget

RMCC (Routine Works) $600,000 2% $589,100

RMCC (Ordered Works) $273,667 2% $269,930

Regional Roads:

• 2018/19 Regional Road Block Grant amount (including traffic and supplementary

components) has not been advised to date. Estimate is based on last year’s allocation

(-$400,000 matching funding for RRRP)

• MR67 Wool Track funding $1,925,000 to seal remaining 7km within Central Darling LGA. An

additional $460,000 is allocated from Roads to Recovery funding for the completion of major

reinforced concrete box culverts.

• Roads to Recovery allocation of $192,566 for 1.2km seal extension to the approach to

Wilcannia from Tilpa West Rd, MR68A

• Regional Roads Repair Program (RRRP) allocation of $400,000 and RRBG allocation $400,000

for new bridge and approach road construction, MR68A Marra Creek

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Works Description Original Budget % Expended Remaining Budget

Regional Road Block

Grant $2,292,000 1%

$2,680,328

MR67 Wool Track $2,385,000 82%

$423,030

MR68A Seal Extension $192,566 13% $166,791

MR68A Marra Creek

Bridge $800,000 0%

$800,000

Local Roads:

• 2018/19 Local Roads Component (FAG) is $1,535,041. Budget allocation to operational works

is $1,480,000.

• 2017/18 Roads to Recovery allocation this year is $352,536 for floodway reconstructions,

Paroo River, SR3 Tilpa-Tongo Rd

Works Description Original Budget % Expended Remaining Budget

Local Roads Component

(FAG) $1,480,000 1%

$1,472,399

SR3 Paroo Crossings $352,536 1% $349,958

7.8 SERVICES

The purpose of this report is to update Council on the services expenditure to date.

Works Description Original Budget % Expended Remaining Budget

Parks & Gardens/ Sporting

Facilities

$179,350 3% $174,819

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Ancillary Works $175,300 6% $165,038

Street Cleaning/ Bins $126,500 5% $120,547

Aerodromes $115,700 2% $114,014

Buildings $472,700 3% $457,215

Swimming Pools $550,800 1% $549,488

Waste Depots $142,000 2% $139,794

Water & Sewerage Maintenance:

• Wilcannia town water supply is being sourced from the Darling River Weir Pool. Water

Restrictions, level 1, were implemented 24 January 2018. Recent environmental flows have

replenished the weir pool, providing 8 to 10 months security.

• White Cliffs town water supply is sourced from above ground tanks, current levels: Tank 1

=3.8m, Tank 2 =2.8m, Tank 3 (Wakefield) =6.5m. Remaining supply 8 months.

• Ivanhoe town water supply is currently being sourced from the Tooralee Station Borefield.

Transition to bore use commenced 18 May 2018 in conjunction with servicing of major

transfer pumps

Morrison’s Lake storage is currently 100 megalitres, town storage dam 50 megalitres.

Works Description Original Budget % Expended Remaining Budget

Wilcannia Water $396,300 2% $389,377

Wilcannia Sewer $185,000 2% $182,149

White Cliffs Water $163,000 3% $158,795

Ivanhoe Water $276,000 4% $266,136

Aboriginal

Communities R&M

$105,865 3% $102,301

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7.9 CAPITAL WORKS

The purpose of this report is to update Council on the capital works and projects expenditure to date.

Project Comments Original

Budget

% Expended Remaining Budget

CTWS –

Preconstruction

activities

Pre-construction

activities

Training

$

$1,000,000

$200,000

88%

100%

$120,075

$0

Restart NSW – White

Cliffs Water Supply

Funding Deed signed $5,500,000 0% $5,500,000

Waste Less, Recycle

More – landfill

Improvements

Wilcannia, Menindee

and Ivanhoe Tips.

Awaiting funding deeds

$364,738 $0 $364,738

7.10 MOU WHITE CLIFFS THERMAL POWR STATION FRIENDS INC

The purpose of this report is to advise Council that a Memorandum of Understanding (MoU) has been

signed between White Cliffs Thermal Power Station Friends Inc (WCSTPSF Inc) and Central Darling

Shire Council. The MoU will facilitate community members to participate in approved education,

training, preservation, conservation activities relating to the White Cliffs Solar Thermal Power Station

which is owned by Council. Initially to start with, the WCSTPSF Inc will clean up the site to ensure that

the facility is safe, so that small groups can tour the site. At a later stage, WCSTPSF Inc would be

seeking grant opportunities to improve its current function by making the site more environmental

sustainable and improve the facility for tourism. Potentially in the future, WCSTPSF Inc may seek a

lease arrangement from Council, once the group becomes more financial and confident on managing

the site.

Some points of interest about the MoU are:

• MoU is in force from the date signed and will last for three years or until such time as either

party wishes to review the contents of the document.

• There have be no cost incurred by either party in developing the MoU

• Council will be responsible for the cost in providing utilities, such as power and water

• WCSTPSF Inc volunteers working on the site will be covered by Council Volunteers Policy

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7.11 CASH AND INVESTMENTS

Schedule of Investments and Bank Balances as at 30 June 2018

Amount

Cash Reserve

Westpac Business Cash Reserve $3,549,000

Total Reserve Balance as at 30 June 2018 $3,549,000

Bank Balances as at 30 June 2018

General Fund $238,014 In Funds

Clearing Account (Account used for receiving deposits) $449,836 In Funds

Total Cash at Bank $4,236,878

Cash Restrictions Internal Restrictions $260,000 External Restrictions $1,565,000

Total Restrictions $1,825,000

RECOMMENDATION:

That the Information Items reported be received and noted.

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SECTION 8. CONFIDENTIAL MEETING

CLOSED COUNCIL

Confidential Reports

(Section 10A (2) of the Local Government Act 1993)

Where it is proposed to close part of the Council meeting, the Chairperson will allow members of the

public to make representation to or at the meeting, before any part of the meeting is closed to the

public, as to whether or not that part of the meeting should be closed to the public.

The Chairperson will check with the General Manager whether any written public submissions or

representations have been received as to whether or not that part of the meeting should be closed to

the public.

Pursuant to Section 10A(2) of the Local Government Act 1993(the Act) Council or a Committee may

close to the public so much of its meeting when matters listed below are to be discussed being:

(a) personnel matters concerning particular individuals other than Councilor’s,

(b) the personal hardship of any resident or ratepayer,

(c) information that would, if disclosed, confer a commercial advantage on a person with whom

the Council is conducting (or proposes to conduct) business,

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the Council, or

(iii) reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of law,

(f) matters affecting the security of the Council, Councilor’s, Council staff or Council property,

(g) advice concerning litigation, or advice that would otherwise be privileged from production in

legal proceedings on the ground of legal professional privilege.

(h) during the receipt of information or discussion of information concerning the nature and

location of a place or an item of Aboriginal significance on community land,

(i) alleged contraventions of any code of conduct requirements applicable under section 440.

Section 10A(3) of the Act states that a Council, or a Committee, may also close to the public so much

of its meeting as comprises a motion to close another part of the meeting to the public.

Section 10A(4) provides that a Council, or a Committee, may allow members of the public to make

representations to or at a meeting, before any part of the meeting is closed to the public, as to whether

that part of the meeting should be closed.

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Section 10B(1) of the Act provides that a meeting is not to remain closed to the public during the

receipt of information or the discussion of matter referred to in section 10A (2):

(a) except for so much of the discussion as is necessary to preserve the relevant confidentiality,

privilege or security, and

(b) if the matter concerned is a matter other than a personnel matter concerning particular

individuals, the personal hardship of a resident or ratepayer or a trade secret – unless the

Council or committee concerned is satisfied that discussion of the matter in an open meeting

would, on balance, be contrary to the public interest.

For the purpose of determining whether the discussion of a matter in an open meeting would be

contrary to the public interest section 10B(4) of the Act states it is irrelevant that:

(a) a person may interpret or misunderstand the discussion, or

(b) the discussion of the matter may:

(i) cause embarrassment to the Council or Committee concerned, or to Councilor’s or to

employees of the Council; or

(ii) cause a loss of confidence in the Council or Committee.

Resolutions passed in Closed Council

It is a requirement of clause 253 of the Local Government (General) Regulation 2005 that if Council

passes a resolution during a meeting, or part of a meeting, that is closed to the public, the Chairperson

must make the resolution public as soon as practicable after the meeting or part of the meeting has

ended.

SECTION 9. DATE AND VENUE FOR NEXT MEETING

The next meeting of Council will be held on Wednesday 22 August 2018 in

Wilcannia at 9:00am.