To promote the Central Darling Shire area by encouraging ...€¦ · To promote the Central Darling Shire area by encouraging development through effective leadership, community involvement

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 31 October 2018 at 9:00am At 2 The Grange

Picton NSW

Council dedicated to serving its Communities

Central Darling Shire Council - Ordinary Meeting 31 October 2018

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The Ordinary Meeting of Council will be held at 2 The Grange, Picton NSW on Wednesday 31 October 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 DRAFT VOLUNTEER POLICY CONSULTATION ............................................... ATTACHMENT 1 6

6.2 POTABLE WATER RESTRICTIONS ................................................................. ATTACHMENT 2 7

6.3 TENDERING ARRANGEMENTS – BUILDING STRONGER COUNTRY COMMUNITIES FUND ...... 8

SECTION 7. INFORMATION REPORTS .................................................................................................... 10

7.1 ENVIRONMENTAL SERVICES STATISTICS ............................................................................... 10

7.2 WORKS PROGRAM ..................................................................................... ATTACHMENT 3 10

7.3 COUNTRY TOWNS WATER SUPPY, REGIONAL WATER AND WASTE WATER BACKLOG ........ 10

7.4 COBB HIGHWAY ..................................................................................................................... 11

7.5 WATER RESTRICTIONS, WHITE CLIFFS AND WILCANNIA ....................................................... 11

7.6 ROADS REPORT ...................................................................................................................... 11

7.7 SERVICES ................................................................................................................................ 13

7.8 CAPITAL WORKS .................................................................................................................... 14

7.9 CASH AND INVESTMENTS ...................................................................................................... 15

SECTION 8. CONFIDENTIAL MEETING ................................................................................................... 16

SECTION 9. DATE AND VENUE FOR NEXT MEETING ............................................................................. 17


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SECTION 1. ATTENDANCE

PRESENT:

Greg Wright Administrator

ALSO PRESENT VIA VIDEO:

Greg Hill General Manager Jacob Philp Director Business Services Reece Wilson Director Shire Services Ali Couch Executive Assistant

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 26 September 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 DRAFT VOLUNTEER POLICY CONSULTATION ATTACHMENT 1

Purpose:

The purpose of this report is to introduce a new Policy and Procedure for people who volunteer their time to Council following the recent public consultation process. Commentary: As Council is aware the Policy Manual is undergoing a review to remove, replace and update polices which are outdated, not applicable or covered by legislation.

As part of this ongoing improvement, and more so the recent need for a Volunteer Policy and Procedure; a requirement for people who want to undertake unpaid work on Council property or participate in a Council event to benefit their community. Examples of volunteer groups are the White Cliffs Thermal Power Station Friends Inc and Friends of the Wilcannia Cemetery.

Summary:

The Volunteer suite consists of the following:

• Volunteer Policy • Volunteer Procedure • Volunteer Agreement • Volunteer Application Form • Volunteer Handbook • Volunteer Position Description

Recent public exhibition of the Draft Volunteer suite was on display at all Council offices, available on Council’s website and sent to existing volunteer groups for comment; no comments were received at the time of writing this report. Therefore, as no responses were received, it is recommended that the Volunteer Policy be adopted. The remaining abovementioned documents are operational and do not require endorsement by Council.

(a) Policy Implications

Nil.

(b) Financial Implications Not applicable.

(c) Legal Implications The introduction of a Volunteer Policy and Procedure will ensure Council is addressing its legislative responsibilities.

(d) Community Consultations Nil.

RECOMMENDATION

1. That Council resolves to adopt the Volunteer Policy.


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6.2 POTABLE WATER RESTRICTIONS ATTACHMENT 2

Purpose:

The purpose of this report is for Council to consider and endorse the proposed water restriction arrangements to be implemented during dry periods and drought conditions throughout Central Darling Shire for the delivery of water supply services to Wilcannia, Ivanhoe and White Cliffs.

Background:

Council is in a recognised arid environment on the driest continent on earth where water sourcing, treatment and supply to urban centres is an ongoing challenge. The water management demand is approached by Council by mandating water restrictions when water levels fall to levels reducing the volume of water being held in a weir or dam, as shown in the table below.

Commentary:

Council’s past water restriction implementations have been managed in accordance with the draft Golden Water County Council Water Restrictions Table. The Water Restrictions Table in the past has worked well throughout the Shire, where residents had a good understanding of the water restrictions being proposed. Furthermore, the Water Restrictions Table is recognised as best practice and adopted across many New South Wales Rural Councils. Council has not formally adopted this framework when announcing the implementation of water restrictions and now by doing so, this will provide community knowledge on how and when water restrictions are applied.

These arrangements are described in the Attachment.


The proposed water restriction arrangements (the Attachment) will constitute Council’s formal policy if adopted.

(b) Financial Implications

RESTRICTION LEVEL WILCANNIA IVANHOE WHITE CLIFFS

UNRESTRICTED River Flow Over

Weir >5m Depth in

Morrisons Tank >6m Depth in Wakefield

Tank

1 River Flow at weir

crest level 5m Depth in Morrisons

Tank 6m Depth in Wakefield

Tank

2 75% Capacity 4m Depth in Morrisons


Tank



Tank



Tank



Tank

6 0% Capacity 0.5m Depth in

Morrisons Tank 1m Depth in Wakefield

Tank


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Nil.

(c) Legal Implications

Water restrictions are implemented pursuant to the Local Government Act 1993, and Council’s role as water authority with respect to Ivanhoe, Wilcannia and White Cliffs townships.

(d) Community Consultation Exhibition of the proposed water restriction arrangements will provide appropriate community consultation.

RECOMMENDATION

1. That Council endorse the draft Water Restriction settings as described in the Attachment as interim arrangements until Council’s adoption of arrangements as formal policy,

2. That Council resolves to place the draft Water Restriction settings on public exhibition for a period of 28 days, and

3. That a report will be presented to Council after the 28 day exhibition period on all submissions received during the exhibition period, prior to the adoption of the draft Water Restriction settings.

6.3 TENDERING ARRANGEMENTS – BUILDING STRONGER COUNTRY COMMUNITIES FUND

Summary:

The purpose of this report is to update Council with respect to tendering arrangements for the Stronger Country Communities Fund, Round 1 projects.

Background:

Council received letter of offer for Round One Stronger Communities Fund projects on 29 November 2017 from NSW Department of Premier and Cabinet. The successful projects in that offer include:

• Refurbishing Community Meeting Places, $412,830 • Replacement/ Refurbishment Community facilities, $159,500 • Enhancing and Refurbishment of Community Livability, $321,310

Council accepted the conditional funding offer and has received the funding deed.

Commentary:

Further to determination report at the Ordinary meeting of Council, December 2017, staff sought tenders through an open tender process for the above projects.

Only one tender was received which was deemed to be non-conforming due to submission documents and discrepancy in price when asked for clarification.

Council wish to seek fresh tenders through an open tender process to complete the projects.


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The delivery of the projects has now been delayed and staff are working on delivering the projects in a timely manner and it is prudent to seek resolution from Council for tendering methods so works can progress early 2019.

Clause 166 of the Local Government (General) Regulation 2005 identifies two types of tendering methods to be used, Open Tender or Selective Tender.

Council should select the tendering method that: • Has the greatest likelihood of achieving the best value for money • Meets its needs • Is appropriate for the level of risk • Is timely • Avoids creating unnecessary costs for it and/or tenderers; and • Safeguards the security and confidentiality of all tenders.

Most elements of the works will exceed $150,000; pursuant to the Local Government Act 1993 and Local Government (General) Regulation 2005 Council is required to call tenders. Council does not have recognised contractor lists for building services and therefore Open Tender would be most suitable for building works of this value.


Pursuant to Council’s Procurement Policy

(b) Financial Implications

Works are 100% funded

(c) Legal Implications

Pursuant to the Local Government Act 1993, Local Government (General) Regulation 2005 and Tendering Guidelines for NSW Local Government

(d) Community Consultation

N/A

RECOMMENDATION

That:

1. The report be received and noted, and 2. Council select the Open Tender method for Building Stronger

Country Communities – Round 1


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SECTION 7. INFORMATION REPORTS

7.1 ENVIRONMENTAL SERVICES STATISTICS

Statistics for October 2018

Development Number of DA’s Approved 0

Total Value of DA’s Approved 0

Food Safety Food Premises Inspected 5

Animal Control Activities

Impounded 9

Rehomed 5

Returned to Owner 2

Euthanized 2

Registrations 1

Microchipped 0

Penalty Notices Issued 3

Water Sampling

Microbiology Samples Collected 8

Chemistry Samples Collected 0

Non-Compliant Samples 1 (re-test compliant)

Darling River Algae Samples 4

7.2 WORKS PROGRAM ATTACHMENT 3

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

The White Cliffs Water Treatment Plant Request for Tender (RFT) has been completed by NSW Public Works and forwarded to Department of Industry – Water in late August 2018.

The White Cliffs Water Treatment Plant RFT was the subject of a teleconference between Council, the DoI – Water (Bill Ho) and NSW Public Works and outstanding issues have been resolved. NSW Public Works are currently revising the subject RFT and the final draft expected November 2018.


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The Extension of Time request submitted to NSW Infrastructure, pursuant to the Restart Program, with respect to the additional time required to complete the project has been approved until 30/6/2020.

The RFT documentation for the design and construction of new reticulation network and rising mains has been received from Public Works and reviewed by staff. The issues with the Design and Construct for White Cliffs and its particular characteristics is under consideration by staff and a way forward developed in this regard.

Construction of all new infrastructure is expected to be completed and commissioned by December 2020.

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 submitted a tender for the Slamannon Initial Seal Project for 5kms through ETendering Request for Tender arrangements, advice received from Roads and Maritime Services (RMS), 3 August 2018, indicated that the tender was rejected because of a national financial prequalification requirement. No successful tenderer has been appointed to date.

Subsequently, Council has been supplied with draft specifications for the sealing of a further 2km section on the Cobb Highway just north of Ivanhoe. Staff have prepared the works estimate for RMS consideration and are awaiting advice. Council will be updated following receipt of advice from RMS.

7.5 WATER RESTRICTIONS, WHITE CLIFFS AND WILCANNIA

Due to falling levels in the Wilcannia Darling River weir pool and White Cliffs above ground storages Council has elevated water restrictions to level 3.

Details on water restrictions are further discussed in Council determination report 6.2.

Council is working with the communities and local businesses to address the water shortage issue and will continue to monitor the situation and seek assistance from DPI Water in this regard.

It should be noted that some businesses have been granted exemptions for essential landscaped grounds maintenance, these exemptions will be reviewed following any changes in restriction levels.

7.6 ROADS REPORT

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

State Roads (Council undertaking work on behlad of Roads and Maritime Services):

• 2018/2019 Routine Maintenance Council Contracts (RMCC) preliminary allocation is $600,000.

• 1 Works Order has been issued to Council 2018/19, being SH21 Bushley Access Rd $177,772. 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


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Works Description Original Budget % Completed Remaining Budget

RMCC (Routine Works) $600,000 10% $538,257

RMCC (Ordered Works) $451,439 100% $0

Regional Roads (Council Owned and Maintained Roads):

• 2018/19 Regional Road Block Grant (RRBG) 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 Regional Roads Repair Program)

• MR67 Wool Track funding $1,925,000 to seal remaining 7km within Central Darling Local Government Area. 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

Works Description Original Budget % Expended Remaining Budget

Regional Road Block Grant $2,292,000 31%

$1,588,910

MR67 Wool Track $2,385,000 99%

$25,581

MR68A Seal Extension – Wilcannia to Tilpa

$192,566 13% $166,791

MR68A Marra Creek Bridge – Wilcannia to Tilpa

$800,000 4%

$767,830

Local Roads (Council Owned and Maintained Roads):

• 2018/19 Local Roads Component (Federal Assistance Grants) 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


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Local Roads Component (FAG) $1,480,000 32%

$1,010,393

SR3 Paroo Crossings $352,536 5% $334,644

7.7 SERVICES

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


Parks & Gardens/ Sporting Facilities

$179,350 37% $113,543

Ancillary Works $175,300 35% $113,290

Street Cleaning/ Bins $126,500 28% $91,448

Aerodromes $115,700 21% $91,066

Buildings $472,700 46% $255,376

Swimming Pools $550,800 4% $528,986

Waste Depots $142,000 14% $122,091

Water & Sewerage Maintenance:

• Wilcannia town water supply is being sourced from the Darling River Weir Pool. Water Restrictions, level 3, were implemented 24 October 2018. Council staff will monitor weir pool quantity and quality and implement higher restrictions where warranted.

• White Cliffs town water supply is sourced from above ground tanks, current levels: Tank 1 =4.3m, Tank 2 =3.4m, Tank 3 (Wakefield) =4.4m. Remaining supply 3 months. Water Restrictions, level 3, were implemented 24 October 2018. Council staff will monitor weir pool quantity and quality and implement higher restrictions where warranted.

• Ivanhoe town water supply is currently being sourced from the Morrisons Lake Storage. Willandra Creek environmental flow has enabled Council to pump water into Morrisons Lake storage, pumping is complete.


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Morrison’s Lake storage is currently 450 megalitres, town storage dam 50 megalitres.


Wilcannia Water $396,300 23% $307,170

Wilcannia Sewer $185,000 19% $150,875

White Cliffs Water $163,000 17% $135,585

Ivanhoe Water $276,000 58% $114,607

Aboriginal Communities R&M

$105,865 15% $90,007

7.8 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

90%

100%

$95,215

$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.

Funding Deeds signed

$364,738 8% $334,912


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7.9 CASH AND INVESTMENTS

RECOMMENDATION: That the Information Items reported be received and noted.

Schedule of Investments and Bank Balances as at 30 September 2018

Amount Cash Reserve Westpac Business Cash Reserve $2,349,000 Total Reserve Balance as at 30 September 2018 $2,349,000 Bank Balances as at 30 September 2018 General Fund $1,315,584 In Funds Clearing Account (Account used for receiving deposits) $563,843 In Funds Total Cash at Bank $4,228,427

Cash Restrictions Internal Restrictions $260,000 External Restrictions $1,565,000 Total Restrictions $1,825,000


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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.

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):


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(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 28 November 2018 in Wilcannia at 9:00am.

Documents

To promote the Central Darling Shire area by encouraging ...€¦ · To promote the Central Darling Shire area by encouraging development through effective leadership, community involvement