Council Chambers 9:00AM Public Question Time COUNCIL … … · council chambers, berrigan, on wednesday 12th december, 2018 when the following business will be submitted:- 9:00am

Council Chambers, BERRIGAN NSW 2712 Sir/Madam, The Ordinary Meeting of the Council of the Shire of Berrigan will be held in the Council Chambers, Berrigan, on Wednesday 12th December, 2018 when the following business will be submitted:- 9:00AM Public Question Time COUNCIL MEETING 1. APOLOGIES ....................................................................................... 2 2. DECLARATION OF ITEMS OF PECUNIARY OR OTHER INTEREST

............................................................................................................ 2 3. VISITORS ATTENDING MEETING..................................................... 2 4. CONFIRMATION OF MINUTES ......................................................... 2 5.1 FINANCE - ACCOUNTS ..................................................................... 2 5.2 TOCUMWAL WAR MEMORIAL HALL COMMITTEE OF

MANAGEMENT .................................................................................. 7 5.3 MANAGEMENT LETTER -2017/18 FINANCIAL STATEMENT AUDIT

............................................................................................................ 8 5.4 DRAFT CODE OF ACCOUNTING PRACTICE AND FINANCIAL

REPORTING – UPDATE 27 ............................................................. 10 5.5 LIQUID TRADE WASTE POLICY ..................................................... 14 5.6 BERRIGAN SHIRE LOCAL HERITAGE FUND 2018/2019 ............... 15 5.7 DEVELOPMENT APPLICATION 66/19/DA/D0-M RURAL SHED ..... 18 5.8 C001/18 – LANDFILL WASTE AND RECYLABLES COLLECTION . 25 5.9 MAJOR EVENT FUNDING PROGRAM REVIEW ............................. 30 5.10 EVENT FUNDING – TRAINEE CHAMPIONSHIPS........................... 32 5.11 EVENT FUNDING – MILD 2 WILD ROD RUN .................................. 34 6.1 DEBT MANAGEMENT AND HARDSHIP GUIDELINES ................... 35 6.2 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS ......... 37 6.3 SUPPLY AND INSTALLATION OF ASPHALT ON STRATHVALE

ROAD BERRIGAN ............................................................................ 41 6.4 RIVERINA AND MURRAY JOINT ORGANISATION......................... 42 6.5 BAROOGA POSTCODE ................................................................... 43 6.6 DEVELOPMENT DETERMINATIONS FOR MONTH OF NOVEMBER

2018 .................................................................................................. 45 7. CLOSED COUNCIL .......................................................................... 49 8. MAYOR’S REPORT .......................................................................... 52 9. DELEGATES REPORT ..................................................................... 53 10. GENERAL BUSINESS ...................................................................... 54 11. CLOSE OF MEETING No business, other than that on the Agenda, may be dealt with at this meeting unless admitted by the Mayor. ROWAN PERKINS GENERAL MANAGER

Council Meeting

Wednesday 12th December, 2018

BUSINESS PAPER

1. APOLOGIES 2. DECLARATION OF ITEMS OF PECUNIARY OR

OTHER INTEREST 3. VISITORS ATTENDING MEETING 4. CONFIRMATION OF MINUTES RECOMMENDATION – that the Minutes of the meeting held in the Council Chambers on Wednesday 21st November, 2018 be confirmed. 5.1 FINANCE - ACCOUNTS AUTHOR: Finance Manager STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 2.1 Berrigan Shire 2027 objectives and

strategic actions facilitate the effective governance by Council of Council operations and reporting

FILE NO: 12.019.1 RECOMMENDATION: - that the Financial Statement, Bank Reconciliation Certificate and Petty Cash Book made up to 30 November 2018, be received and that the accounts paid as per Warrant No. 11/18 totaling $11,841,844.79 ($7,000,000.00 transfer to the Council from NAB operating account over to BENDIGO operating account) be confirmed.

Berrigan Shire Council Business Paper 12th December, 2018

Items requiring Council Resolution

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REPORT: a) A Financial Statement covering all funds of the Council indicating

the Bank Balances as at 30 November 2018 is certified by the Finance Manager.

b) The Finance Manager certifies that the Cash Book of the Council was reconciled with the Bank Statements as at 30 November 2018.

c) The Finance Manager certifies the Accounts, including the Petty Cash Book made up to 30 November 2018, totaling $11,841,844.79 ($7,000,000.00 transfer to ourselves from NAB operating account over to BENDIGO operating account) and will be submitted for confirmation of payment as per Warrant No. 11/18

d) The Finance Manager certifies that all Investments have been placed in accordance with:

i. Council’s Investment Policy, ii. Section 625 of the Local Government Act 1993 (as amended), iii. the Minister’s Amended Investment Order gazetted 11 January

2011, iv. clause 212 of the Local Government (General) Regulations 2005,

and v. Third Party Investment requirements of the Office of Local

Government Circular 06-70 e) The Council’s cash and investments decreased in November. This

decrease is a result of large Creditor payments in relation to Stronger Country Communities Grant Funding Round 1. Normal cash patterns would see an increase in November. Overall the cash position is around $3.5M higher than last year. Total funds held are expected to decline in December as Council continues its large scale capital works projects and purchases of heavy plant. Investment returns continue to remain low and interest rates are stagnant. Water reading 2 is due 20 December and may influence month end results.

http://www.berriganshire.nsw.gov.au/Portals/0/policyregister/Investment%20Policy%2014.pdf

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/lga1993182/s625.html

https://www.olg.nsw.gov.au/sites/default/files/Investment-Order-12-1-2011.pdf

https://www.olg.nsw.gov.au/sites/default/files/Investment-Order-12-1-2011.pdf

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_reg/lgr2005328/s212.html



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Statement of Bank Balances as at 30 NOVEMBER 2018

Bank Account ReconciliationCash book balance as at 1 NOVEMBER 2018 7,449,775.22$ Receipts for NOVEMBER 2018 9,425,980.50$ Term Deposits Credited Back -$

16,875,755.72$ Less Payments Statement No 11/18Bank Transfers (NAB to Bendigo) 7,000,000.00$ Electronic Funds Transfer (EFT) payroll 516,228.75$ Electronic Funds Transfer (EFT) Creditors E030211-E030495 2,298,906.15$ Term Deposits Invested 2,000,000.00$ Loan repayments, bank charges, etc 26,709.89$ Total Payments for NOVEMBER 2018 11,841,844.79$ Cash Book Balance as at 30 NOVEMBER 2018 5,033,910.93$

Bank Statements as at 30 NOVEMBER 2018 5,033,910.93$ Plus Outstanding DepositsLess Outstanding Cheques/PaymentsReconcilation Balance as at 30 NOVEMBER 2018 5,033,910.93$

INVESTMENT REGISTER

INSTITUTION DEPOSIT NO. TERM (days) RATE MATURITY DATE INSTITUTION TOTAL

AMP 133/17 365 2.75% 28/05/2019 1,000,000.00$ AMP 125/16 365 2.75% 5/06/2019 2,000,000.00$ AMP 136/18 365 2.75% 17/10/2019 2,000,000.00$

Goulburn Murray Credit Union 124/16 365 2.75% 15/05/2019 2,000,000.00$

Bendigo Bank 141/18 365 2.30% 13/09/2019 2,000,000.00$ Bendigo Bank 142/18 365 2.30% 26/09/2019 2,000,000.00$

Central Murray Credit Union 126/16 365 2.70% 31/08/2019 2,000,000.00$

Defence Bank Limited 138/18 275 2.80% 10/01/2019 2,000,000.00$ Defence Bank Limited 102/14 365 2.80% 4/04/2019 2,000,000.00$ Defence Bank Limited 106/14 365 2.90% 29/06/2019 2,000,000.00$

ME Bank 139/18 272 2.80% 25/03/2019 2,000,000.00$ ME Bank 132/17 212 2.83% 8/08/2019 2,000,000.00$ ME Bank 140/18 365 2.83% 8/08/2019 1,000,000.00$

WESTPAC 137/18 94 2.76% 8/01/2019 2,000,000.00$

NAB 143/18 365 2.75% 19/11/2019 2,000,000.00$ 28,000,000.00$

Total Funds Held at 30 NOVEMBER 2018 $33,033,910.93

Carla von Brockhusen - Finance Manager



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Total Cash and Investments

$10

$20

$30

$40

Mill

ions

2016-2017 2017-2018 2018-2019

85%

15%

Term Deposits At Call T-Corp Cash at Bank

Defence Bank AMP ME Bank NAB Central Goulburn Westpac

Amount $6,000,000 $5,000,000 $5,000,000 $2,129,327 $2,000,000 $2,000,000 $2,000,000

Percentage 18.16% 15.14% 15.14% 6.45% 6.05% 6.05% 6.05%



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Term Deposits Credited Backnil nil nil nil nil

Term Deposits InvestedNAB 365 2,000,000.00$ 2.75% 19-Nov-18



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5.2 TOCUMWAL WAR MEMORIAL HALL COMMITTEE OF MANAGEMENT

AUTHOR: General Manager STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 2.1 Berrigan Shire 2027 objectives and


FILE NO: 05.101.8 RECOMMENDATION: - that the Council: A) revoke existing members of the Tocumwal War Memorial Hall

Committee of Management. B) pursuant to Section 355 of the Local Government Act, 1993, appoint

the following persons to the Tocumwal War Memorial Hall Committee of Management:

President: Sergio Redegalli Secretary/Treasurer: Leanne Mark Committee:

Laurie McQueen Anne Jones Kevin McCumstie Mark Wileman Claire Wileman Kerry Davies Betsy Bird

REPORT: Advice of committee members has been received and should be endorsed by the Council.



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5.3 MANAGEMENT LETTER -2017/18 FINANCIAL STATEMENT AUDIT

AUTHOR: Director Corporate Services STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 2.1 Berrigan Shire 2027 objectives and


FILE NO: 12.019.1 RECOMMENDATION: that the Council note the Management Letter, including the response from management, for the year ended 30 June 2018 and:

1. Assign responsibility for implementing the recommendations in the Management Letter as per the management response; and

2. That the General Manager or his delegate will present to the next Corporate Services Committee an action plan, including a timetable, to implement the recommendations – consistent with the management response

3. That the Corporate Services Committee monitor progress against the action plan via a monthly report to the committee from the General Manager or his delegate

REPORT: The Audit Office on New South Wales has issued its Management Letter resulting from its audit of the Council’s 2017/18 Financial Statements.

The letter outlines: • matters of governance interest identified by the auditor during the

current audit • unresolved matters identified during previous audits • matters the auditor is required to communicate under Australian

Auditing Standards. The letter also contains a response from management relating to each of the issues raised.

A copy of the Management Letter is attached as Appendix “A”



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The Audit Office has raised five issues for the Council to address – three of which are assessed as Moderate risk and two as Low risk. No High risk items were identified. Three of items raised were also raised in last year’s letter.

These five items are:

Appendix Item Risk assessment

1.1 Variance in Crown Land Moderate

1.2 Non-IT staff have inappropriate access to directly modify financial data outside of the application (repeat issue)

Moderate

1.3 Sharing of high privilege user accounts (repeat issue) Moderate

1.4 Purchase order timing Low

1.5 Supporting work papers for asset revaluation (repeat issue) Low

Note that Items 1.2 and 1.3 do not relate to matters identified specifically at Berrigan Shire Council; they were identified elsewhere at Councils that use the same accounting software package as this Council – hence their inclusion in this Management Letter.

The Audit Office recommends that the Council:

1. assign responsibility for implementing the recommendations 2. develop an action plan, including a timetable, to implement the

recommendations 3. nominate an individual or establish a committee to monitor and report on

progress.



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5.4 DRAFT CODE OF ACCOUNTING PRACTICE AND FINANCIAL REPORTING – UPDATE 27

AUTHOR: Director Corporate Services STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 2.1 Berrigan Shire 2027 objectives and


FILE NO: 12.019.1 RECOMMENDATION: That the Council delegate the General Manager to submit a response on its behalf to the Office of Local Government to the Draft Local Government Code of Accounting Practice and Financial Reporting – Update 27 REPORT:

Background

The Office of Local Government (OLG) has released a draft version of Update 27 of the Local Government Code of Accounting Practice and Financial Reporting. OLG have invited Councils to provide feedback on the draft Code by Friday 11 January 2019.

The Local Government Code of Accounting Practice and Financial Reporting (the Code) prescribes the forms of financial statements approved by the Office of Local Government

The Code applies to each NSW council in respect of its general purpose financial statements, special purpose financial statements and special schedules.

The Code is intended to facilitate the practical and effective implementation of the Australian Accounting Standards and aims to provide a basis for providing assistance in the interpretation and application of management reporting, accounting, auditing and financial reporting requirements of Chapter 13 of the Local Government Act 1993.

The Code is designed to supplement Australian Accounting Standards and it must not be inconsistent with those standards. Where Australian Accounting Standards provide options for the Council, the Code will prescribe which option Councils must adopt.

The Code is mandatory for all Councils.

http://www5.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/



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Changes in Update 27

The draft Code proposes the following changes from the current version.

General Purpose Financial Statements

Change Comment Removed Note for Merged Councils Not relevant for this Council Note 1 - s94 updated to s7.11 Related to changes in the

Environment Planning and Assessment Act 1979 – no real impact

Note 1 - New accounting standards adopted during the year – discussed in Note 15

Discussed in Note 15 below. Likely to require more detailed disclosure including restatements and reconciliations of past years statements.

Note 3(a) – Pensioner subsidies and rebates repositioned from 3(e) grants

Council will be required to show the gross and net impact of pensioner subsidies in its income statement. This is a positive change and should be supported.

Note 3 commentary - Income – Added guidance at 28. Volunteer services

Council will be required to include “volunteer services” as a revenue item if certain criteria are met. This is a requirement of Australian Accounting Standards rather than the Code. More information is given below.

Note 3 - Unspent grants and contributions

Unspent grants to be reconciled in Note 3. More information is given below.

Note 6,7 and 8 – Accounting Policy changes - AASB 139, AASB 9

Disclosures relating to Financial Instruments. Unlikely to have a significant impact on the Council given the Council’s investment strategy

Note 13 – Added comparatives table and guidance

Disclosure of any loan defaults. Inclusion of unspent grants as liabilities where work is required to be completed. More information is given below

Note 15(c) - Changes in accounting policy due to adoption of new accounting standards. Includes transaction adjustments and classification of financial assets and financial liabilities

Adoption of new Australian Accounting Standards will require more disclosure around financial instruments controlled by the Council. This will mean a more detailed and lengthy note but little change overall given the Council has a fairly simple range of financial instruments – term



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deposits and a fixed-interest credit-foncier loan. Council will need to review its leases.

Note 16 – Reordered to better match Statement of Financial Position

Minor changes to the layout. No impact on the Council.

Australian Accounting Standards require that Income (and associated expenses) related to Volunteer services should be recognised where:

1. The amount is material, and

2. The services would be purchased if they were not donated, and

3. The amounts of the volunteer services can be measured reliably.

While the accounting standards have required this for some time, this is the first time that this has been mandated in the Code. While the Council can argue for non-inclusion on all three points above, Council staff will still need to gather suitable evidence to satisfy the auditors.

Changes to accounting standards will require the value of some “unspent” grants to be shown as a liability rather than income. This does not apply to untied grants such as Financial Assistance Grant (FAG) which will still be treated as income in the period it is received but it does apply to “tied” grants where the Council takes on a commitment to deliver something (a project or a service) in return for the grant. In this case, the Council will need to determine the value of the outstanding commitment and record that as a liability.

Special Purpose Financial Statements

Change Comment

Removed Note 2 – Water supply business best-practice management disclosure requirements. Data to be collected through the Financial Data Return (FDR) for the purposes of DoI Water reporting

This is a welcome change and should make the statements more concise and readable. On the other hand, Council staff will need to gather this information to report via the FDR. A better outcome would be for NSW to follow Victoria and remove the requirement to prepare SPFS’s altogether

Removed Note 3 – Sewerage business best-practice management disclosure requirements. Data to be collected through the Financial Data Return (FDR) for the purposes of DoI Water reporting

As above



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Special Schedules

Change Comment Removed Special Schedule 1 – Net cost of services. Data to be collected through the Financial Data Return (FDR) for the purposes of the Grants Commission

Again this will streamline the Financial Statements but will not reduce the Council’s workload.

Removed Special Schedule 3 – Water supply Income Statement. Data to be collected through the Financial Data Return (FDR) for the purposes of DoI Water reporting

As above

Removed Special Schedule 4 – Water supply – Statement of Financial Position. Data to be collected through the Financial Data Return (FDR) for the purposes of DoI Water reporting.

As above

Removed Special Schedule 5 – Sewerage Income Statement. Data to be collected through the Financial Data Return (FDR) for the purposes of DoI Water reporting

As above

Removed Special Schedule 6 – Sewerage service – Statement of Financial Position. Data to be collected through the Financial Data Return (FDR) for the purposes of DoI Water reporting.

As above

Conclusion

Overall, many of the changes made in Draft Code 27 are reasonable and useful. There is a problem however with the creeping additions of requirements that create additional work for Council staff while adding little or no value for the end users of the financial statements. Many of these requirements may be suitable for listed companies and the like but have little applicability to the operation of a small to medium sized local government authority.

It would be useful for the Council to make a detailed submission on the draft Code - both individually and together with RAMJO and Local Government NSW Finance Professionals.



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5.5 LIQUID TRADE WASTE POLICY AUTHOR: Director Technical Services STRATEGIC OUTCOME: Sustainable natural and built landscapes STRATEGIC OBJECTIVE: 1.3 Connect and protect our communities FILE NO: 29.094.2 RECOMMENDATION: that the Draft Policy for liquid trade waste regulation as attached as Appendix “B” be placed on public exhibition for a period of 28 days commencing 16th January, 2019 and comment invited from interested parties. REPORT: At the November meeting of Council it was resolved to prepare a policy for liquid trade waste regulation to enable compliance with the Best Practice Guidelines for Water and Sewerage Supplies. A draft policy has been prepared using the model policy provided in the guidelines and has been referred to NSW Department of Planning and Infrastructure for comment. Comments received have been incorporated into the document with the exception of one relating to phasing in of charges. The recommendation was to remove this paragraph as the phasing in period referred to in the guidelines has passed. However, as there will still be some properties affected with substantial cost increases it is considered that a 3 year phase in period will still be required in some instances and therefore the following paragraph has been included:

Phasing-in of charges In order to allow small businesses to adjust to the implementation of this, policy large increases in trade waste fees and charges may be phased in over a period of up to three (3) years. The draft policy is required to be displayed for 28 days and further considered by Council along with any comments received. Once Council adopts the policy it is required to be sent to NSW Department of Planning and Infrastructure for approval. A further report will be prepared for the February, 2019 Council meeting following the exhibition period.



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5.6 BERRIGAN SHIRE LOCAL HERITAGE FUND 2018/2019

AUTHOR: Town Planner STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 1.1 Support sustainable use of our natural

resources and built landscapes FILE NO: 26.128.2 RECOMMENDATION: - that the Council offer grants of:

1) $1,075 to Presbyterian Church (Heritage Item in Berrigan Local

Environmental Plan 2013) for repainting existing exterior white areas and doors at 13-19 Denison Street, Finley

2) $2,719 to “Bizzy Sizzors” (commercial premises within Berrigan Conservation Area) for internal repairs and painting at 46 Chanter Street, Berrigan

3) $5,000 to “Sportavia” (Aircraft Hangar, World War 2 infrastructure) for repair of truss and maintenance works at 129 Burma Road, Tocumwal

REPORT: Following the call for applications for the Local Heritage Fund 2018/2019 involving publication of notices in the Council Bulletin and local papers, three applications were received. Upon assessment in accordance with NSW Office of Environment and Heritage Guidelines, it is recommended that these applications for financial grants be issued. The Guidelines incorporate consideration of a number of factors including whether the property is heritage listed, located in a conservation area or is of historic value, project scope and whether there is a long term plan in place, access to funding in previous years, the quality of the application and the heritage conservation value of the proposed works. The applications are summarised below:

1. Scots Presbyterian Church, (Heritage Item No. 156, Finley) Project Applicant: Thomas Binks Address: 13-19 Denison Street, Finley Proposed Works: Repainting existing white exterior area and

doors



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Project Costs: $2,150 Grant Sought: $1,075 The building is listed as heritage item No. 156 in Berrigan Local Environmental Plan 2013. A congregation regularly actively utilise the building, this adds to the social benefits to the community and positive community attitudes amongst the congress and potentially the wider community. Building maintenance is managed by the congregation and there is a long term plan for the site.

2. “Bizzy Sizzors” (commercial premises Chanter Street, Berrigan) Project Applicant: Joanne Dowsett Address: 46 Chanter Street, Berrigan Proposed Works: Internal repairs and painting within the

internal areas of the shop Project Costs: $5,438 Grant Sought: $2,719 The building is of heritage significance as it is within the Berrigan Conservation Area. The Berrigan Conservation Area is a well maintained area and periodic maintenance of buildings is occurring in this area. A commercial business utilises the building which attracting patrons and the general public to the site. The building has had recent renovations to the external areas of the building and internal repairs will assist the long term maintenance of the building.

3. “Sportavia” (Aircraft Hangar, National World War 2 Infrastructure, Tocumwal) Project Applicant: Sharon Denis Address: 129 Burma Road, Tocumwal Proposed Works: Repair of truss and maintenance works Project Costs: $14,748.32 Grant Sought: $5,000

The building is of heritage significance as it is a National World War 2 infrastructure building within a precinct of three similar structures in total at the Tocumwal Aerodrome. The Tocumwal Aerodrome is a well maintained aerodrome precinct that has historical significance as the United States Army Air Force were based there during World War 2. There is a local collection of memorabilia of Tocumwal aerodrome during World War 2. The hangar is of engineering heritage significance and the materials used in the construction reflect this War era. There are also similar hangars preserved in other regions that recognise the national war movement during this era. The building is being utilised as a commercial premises attracting patrons and the general community to the site. The owners are also actively pursuing further activities to attract



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even more visitors to the site. The building is in urgent need of repairs to a truss to maintain the integrity of the roof structure and prevent further damage to the roof.

CONCLUSION Having assessed the applications in accordance with NSW Office of Environment and Heritage Guidelines, it is recommended that grants of:

1. $1,075 be offered to Presbyterian Church for the repainting of existing white exterior area and doors at 13-19 Denison Street, Finley.

2. $2,719 be offered to “Bizzy Scissors” for internal repairs and painting within the internal areas of the shop at 46 Chanter Street, Berrigan.

3. $5,000 be offered to “Sportavia” for repair of a truss and maintenance works at 129 Burma Road, Tocumwal



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5.7 DEVELOPMENT APPLICATION 66/19/DA/D0-M RURAL SHED

AUTHOR: Town Planner STRATEGIC OUTCOME: Sustainable natural and built landscapes STRATEGIC OBJECTIVE: 1.1 Support sustainable use of our natural

resources and built landscapes FILE NO: 66/19/DA/DO-M RECOMMENDATION: - that the Development Application 66/19/DA/DO-M for the construction of a rural shed be approved subject to the following conditions:

1. Approved Plans The development shall be implemented substantially in accordance with the details set out on the Approved Plans BSC-001, RANBUILD Drawing No: 380300-GA Page 1 to 3, on the application form and on any supporting information received with the application except as amended by the conditions specified hereunder.

2. Use This approval is granted for the shed to be used for storage purposes normally associated with a residence. No other use is permitted for the shed unless prior approval is obtained from Council.

3. Construction Certificate No work is to commence until the person granted development consent has had the detailed plans and specifications endorsed by the Council or other accredited certifier and has received a “Construction Certificate” [Section 81A EP&A Act 1979].

4. Appointment of PCA and Notice of Commencement No work is to commence until the person granted development consent has:

a) obtained a Construction Certificate for each structure b) appointed a PRINCIPAL CERTIFYING AUTHORITY

(Complete Form D - Appointment PCA) c) notified the Council of the appointment d) appointed a principal contractor for the building work who

must be the holder of a contractor licence if any residential building work is involved.

e) given the Council at least 2 days notice of the intention to commence erection of the building. (Section 81A EP&A Act 1979)



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5. Critical Stage Inspections The Principal Certifying Authority for building or subdivision work carried out on a site is required to be satisfied that the work has been inspected on such occasions as are prescribed by the regulations or other occasions required by the principal certifying authority, before the issue of a Certificate of Occupancy or Subdivision Certificate for the building or work. (Section 109E EP&A Act 1979)

6. Occupation The structure must not be occupied or used until the Principal Certifying Authority has received and determined the application for an “Occupation Certificate”. A Final Occupation Certificate must not be issued unless all required certificates have been received and the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia. (Section 109C(1)(c) and 109H EP&A Act 1979)

7. Compliance with Building Code All building work must be carried out in accordance with the provisions of the Building Code of Australia

8. Permitted hours for building work All building work shall be carried out only between the hours of 7.00am and 6.00pm Monday to Friday inclusive, 8.00am and 5.00pm Saturdays. No work shall be carried out on Sundays and public holidays.

9. Excavations and Backfilling (a) All excavations and backfilling associated with the erection

or demolition of a building must be executed safely and in accordance with appropriate professional standards.

(b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

10. Signs Erected on Building and Demolition Sites a. A sign must be erected in a prominent position on any work

site on which work involved in the erection or demolition of a building is being carried out: (i) stating that unauthorised entry to the work site is

prohibited, and (ii) showing the name of the person in charge of the work

site and a telephone number at which that person may be contacted outside working hours.

b. Any such sign is to be removed when the work has been completed. (Clause 78H of Regulation).



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11. Waste A garbage receptacle for the reception of all waste materials from the site shall be provided prior to building work commencing and shall be maintained and serviced for the duration of the work.

12. Stormwater Roofwater from the structure must be disposed of appropriately either by being connected to the existing dwelling stormwater drainage system or piped underground directly to the Council’s stormwater drainage system located in Golf Course Road or alternatively directed to an appropriate onsite system to allow storage and reuse in accordance with the Building Code of Australia and relevant Australian Standards. This is to ensure that runoff does not cause damage to neighbouring properties.

Division In Favour: Against:

REPORT: History On 15 March 2018, Council received a Development Application for a Rural Shed, to be located at 268 Golf Course Road, Barooga. Under delegation, Council approved the proposal on the 24 July 2018. The applicant subsequently submitted a request to modify the location of the proposed shed to 300mm from the northern property boundary. The subject site is zoned R5 Large Lot Residential under the Berrigan Local Environmental Plan 2013 (BLEP). The proposal seeks a reduced setback to the side boundary as per the provisions of the Berrigan Development Control Plan (BDCP). Council notified all affected neighbouring properties about the proposed development and invited submissions. Council received no formal submissions.

Figure 1 – Aerial image of the subject site and neighbouring properties



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Proposal The Development Application is for a Rural Shed to be used for general residential storage. The proposal will be 12 metres by 10 metres, a total floor area of 120 metres2, 3 metres high to the eve with a total height of 4.3 metres. The shed will be located behind an existing dwelling on the subject site. The proposed shed will be 300 mm from the side (northern) boundary and 25 metres from the rear (eastern) boundary. The construction of the shed will utilise concrete for the floor, steel for the frame and colorbond for the walls and roof.

Figure 2 – elevation drawings of the proposed rural shed



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Figure 3 – floor plan for the proposed rural shed Subject Site and Locality The subject site is zoned R5 Large Lot Residential under the BLEP. The total area of the subject site is 5001 metre2. Currently the subject site has been improved with the construction of a dwelling in 2002 and an existing shed. The subject site is within a Large Lot developed area, with established dwellings and residential storage sheds close by, see figure 1 below of an aerial view of the subject site. A site visit conducted on 16 November 2018 revealed that there is one native tree that is approximately 10 metres high that is in close proximity to the proposal. Golf Course Road is sealed with a stormwater drain and a culvert over the drain providing access to the subject site. There is rural type fencing on the boundary of the subject site. Directly north of the proposal there are existing sheds and a clothesline. Other than this there are no issues for the development of the shed on the site.

Figure 4 – location of proposed rural shed and view to neighbouring lot to the north



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Assessment Under the Berrigan LEP 2013, land zoned R5 Large Lot Residential permits the construction of a rural shed upon obtaining development consent. The main issue which needs to be considered when undertaking this assessment is that the proposed development is located in close proximity to the northern boundary and thus has the ability to impact on the neighbouring property located at Lot 1 Golf Course Road, Barooga. As per the provisions in the BDCP, notification was given to the landowners of the neighbouring properties from 7 November 2018 for 21 days to make them aware that the development may affect their property. No formal submission were made on the proposal. The State Environmental Planning Policy which needs to be taken into account in the assessment of this application is deemed SEPP - Murray Regional Environmental Plan No 2—Riverine Land which applies to riverine land of the River Murray within Berrigan Shire. One of this SEPP’s main objectives is ‘to ensure that appropriate consideration is given to development with the potential to adversely affect the riverine environment of the River Murray. As the proposal will be located more than 100 metres from the River, and does not cause adverse impact, this development proposal will also not cause any adverse impact to the riverine land. The one native tree that is in close proximity to the proposal, the land owner volunteered that they would like to retain the tree, however the tree is not healthy with approximately half the tree already deceased and small black clumps are forming on the branches, similar symptom to other native trees on their Lot that have subsequently died. Potential removal of the tree has been assessed as having no potential impact on any threatened species.

Figure 5 – a native tree in close proximity to the proposed rural shed

The proposed rural shed is within other large lot / rural residential type development and will be located behind the existing dwelling. The proposed shed is of a relevant size to the existing built form in the large lot residential zone. The proposal has been assessed as having a minimal impact on the existing built form given the existing development on the neighbouring lot being



24

R E S O L U T I O N

in close proximity to the northern boundary and the proposal potentially providing privacy to their outdoor amenity such as their clothes line. The development is consistent with the Building Code of Australia given the other setbacks from the existing dwelling and the boundary. Overall, the development meets the objectives of the BDCP chapter 2.2 concerning streetscape given that high quality materials and finishes are being used on the exteriors of the building. As a result of the increase in size from the proposed development, there will be a small increase in stormwater runoff. The applicant has volunteered that they would like to store stormwater in water tanks onsite. Drainage should therefore be directed to an appropriate onsite system to allow storage and reuse to ensure that the runoff does not affect neighbouring properties. Conclusion / Legislation In assessing this development application, the relevant parts of Section 4.15 of the Environmental Planning and Assessment Act 1979 have been taken into account. The development proposal has been assessed as having a minimal impact on the residential amenity. The development will not largely impact the character and amenity of the already existing built and natural environments. Recommendation The proposed development application for a Rural Shed be considered for approval subject to conditions of consent.



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5.8 C001/18 – LANDFILL WASTE AND RECYLABLES COLLECTION

AUTHOR: Engineering Services Manager STRATEGIC OUTCOME: Sustainable natural and built landscapes STRATEGIC OBJECTIVE: 1.1 Support sustainable use of our natural

resources and built landscapes FILE NO: C001/18 RECOMMENDATION: that the Council:

1. Award contract C001/18 –Landfill Waste and Recyclables Collection to DS Kendall Waste Services Pty Ltd.

2. Authorise the General Manager to sign and seal the contract documents.

REPORT: 1. Executive Summary Moira Shire Council and Berrigan Shire Council invited submissions from suitably qualified organisations or individuals for the kerbside collection and disposal of domestic waste and recyclables from town and rural areas within Moira and Berrigan municipalities. After consideration of the submissions, the evaluation panel recommends that contract C001/18 – Landfill Waste and Recyclables Collection be awarded to DS Kendall Waste Services Pty Ltd as per the Schedule of Rates. 2. Background and Options Moira Shire Council and Berrigan Shire Council undertook a joint public tender for the waste and recycling collection services with the intention of entering into separate contracts with the successful tenderer. Currently waste and recycling is collected throughout Berigan Shire Council on Tuesdays. There are currently around 6,700 bins collected of which 50% are recycling bins. Berrigan Shire Council’s primary landfill facility is located at Greenhills Road, Berrigan The works under the Contract provides for the following services:

• Kerbside collection of waste and recyclables • Transfer station landfill service



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• Transfer station bulk recyclables service • Public recyclables bin service • Special event litter bin service • Special event recyclables service

The services are provided to residential and commercial tenements located on defined collection routes as directed by Council’s Superintendent A working group was formed to assist in the joint tender process and consisted of the following members:

• General Manager Community (Moira Shire Council) • Coordinator Waste Management Services (Moira Shire Council) • Team Leader Waste Management Services (Moira Shire Council) • Administration Support Officer Safety and Amenity (Moira Shire Council) • Manager Commercial Services (Moira Shire Council) • Procurement Coordinator (Moira Shire Council) • Executive Officer (Goulburn Valley Waste and Resource Recovery

Group) • Environmental Engineer (Berrigan Shire Council) • Engineering Services Manager (Berrigan Shire Council)

Contract Details The contract term is for five years and seven months and shall commence 2 May 2019. There is no provision for extension.

Date of Public Notice

Paper Date Border Mail 8 September 2018

The Age 8 September 2018

The Herald Sun 8 September 2018

Shepparton News 11 September 2018

Cobram Courier 12 September 2018

Numurkah Leader 12 September 2018

Yarrawonga Chronicle 12 September 2018 Submissions closed Friday 26 October 2018.

Receipt of Tenders A total of three submissions were received from the following organisations:

1. J.J Richards & Sons Pty Ltd 2. Cleanaway Pty Ltd 3. DS Kendall Waste Services Pty Ltd



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Supervision Superintendent – General Manager Community (Moira Shire Council) Superintendent Representative – Coordinator Waste Management Services (Moira Shire Council)

Panel Membership The submissions were independently evaluated in TenderSearch by the following positions:

• General Manager Community (Moira Shire Council) • Coordinator Waste Management Services (Moira Shire Council) • Executive Officer (Goulburn Valley Waste and Resource Recovery

Group) • Environmental Engineer (Berrigan Shire Council) • Engineering Services Manager (Berrigan Shire Council)

The evaluation was moderated by the Procurement Coordinator (Moira Shire Council).

Non-conforming tenders No submissions were considered to be non-conforming. Tender Evaluation Each tender was evaluated separately utilising Moira Shire Council’s electronic tendering system, TenderSearch. The criteria and weightings utilised are detailed in the following table:

Evaluation Criteria Evaluation Weighting

Price 30%

Track Record 20%

Compliance with Specification 20%

Management of Schedules 10%

Skills and Resources 10%

Contribution to Local Economy 10% The evaluation summary has been included in an item for noting in the confidential section of this Agenda.

Probity Audit An independent probity audit was conducted on the tender process to verify compliance to the Local Government Act and the Victorian Government’s Victorian Government Purchasing Board policies and guidelines.



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The Probity Auditor did not identify any risks to the compliance of the tender process conducted. The Probity Auditors Report May be viewed in Appendix “C” and should be treated as Confidential. 3. Financial Implications This is a Schedule of Rates contract for the kerbside collection within the municipalities of Moira and Berrigan. The tenderers schedule of rates was applied to the 2017/18 number of flips (for both waste and recyclables) and bin replacements to estimate the annual cost of the service. Future operational budgets will be set in accordance with the agreed contract rates. Calculations based on the rates submitted result in an overall increase for Berrigan Shire of about 6% in comparison to current rates. 4. Risk Management To minimise the risks associated with the works under the contract, the following conditions are required to be delivered by the successful contractor:

• The contractor’s environmental management plan is to contain the environmental risks arising from the performance of the kerbside collection service and the strategies in place for addressing the risks.

• The contractor must establish, implement and maintain an OH & S management system ensuring compliance with all duties of an employer under the Occupational Health and Safety Act 2004.

• The contractor must identify locations where the only means by which the kerbside collection service can be performed requires the collection vehicle reversing. A risk assessment must be undertaken and a safe work procedure put in place.

• The contractor must prepare a quality management plan for the approval of the superintendent.

• All collection vehicles are to comply or exceed the Australian Design Rules (Euro 4) and the requirements of the Heavy Vehicle National law.

5. Internal and External Consultation The public tender was advertised on Council’s TenderSearch website, The Age, The Herald Sun, Shepparton News, Border Mail and the local papers. The specification was approved by all members of the working group. A review and legal opinion of the tender document was sought from Russell Kennedy Lawyers and RSM Australia Pty Ltd provided independent probity audit services of Council’s tender and evaluation process.



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6. Regional Context The works under C001/18 – Landfill Waste and Recyclables Collection is one of the major services provided to the residents and commercial businesses. 7. Council Plan Strategy The Council Plan addresses the need for a well-run Council by implementing a transparent, engaging and accountable governance structure for current and future generations. The processes undertaken to award the contract meet the legislative and policy requirements relating to procurement and tendering. 8. Legislative / Policy Implications The tender process was undertaken in accordance with the requirements of the Local Government Act and Council’s adopted Procurement Policy 9. Environmental Impact Section 34 of the contract requires the contractor to prepare an environmental management plan and submit to the Superintendent for approval prior to the contract commencement date. The services are to be performed in accordance with the plan. 10. Conflict of Interest Considerations There was no conflict of interest declared for this tender evaluation process. 11. Conclusion After consideration of the submissions, the evaluation panel recommends that contract C001/18 – Landfill Waste and Recyclables Collection be awarded to DS Kendall Waste Services Pty Ltd as per the Schedule of Rates.



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5.9 MAJOR EVENT FUNDING PROGRAM REVIEW AUTHOR: Economic & Industry Development Liaison STRATEGIC OUTCOME: Diverse and resilient business STRATEGIC OBJECTIVE: 4.2 Diversify and promote local tourism FILE NO: 08.063.3 RECOMMENDATION: The direction of the Council is sought. REPORT: The Berrigan Shire Council Major Event Funding Program (the program) was introduced in 2012 and over those six years, 32 events have been funded to assist with marketing and promotion. The Major Event Funding Program was developed in an effort to demonstrate Councils commitment to the tourism industry and the wider economy as events are a known driver of high value visitation. Council’s vision was to encourage the development of unique events and to build the capacity of local organising committees to run events that would be risk averse and meet all legal requirements. The program also sought to support existing events to grow and become self-sufficient by offering volunteer committees access to in-kind assistance through Councils Economic Development, Risk Management and Planning staff. Since the funding program was introduced the total value of Council input into events is $106 thousand with an estimated output value from the events of $3.7 million. This figure is provided through the ID data Event Impact Calculator. There have been very few event organisers applying for funding under the Major Event Funding Program in the past 12 months so a review of the program is timely. A full review of the Major Event Funding program has been undertaken and the report is Appendix “D” Options for Council consideration

1. Establish a smaller fund ($5000) to support locally initiated events with the maximum amount available being $1000 for marketing and promotion of the event. Make the application form no more than 2 pages. Maintain the three year funding limit. Outcome: Demonstrates Councils commitment to locally initiated events.



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2. Maintain the Major Event Funding program with a focus on externally initiated events, especially sporting events. Application for funding to be through interview and presentation prior to the written application. Remove the three year limit and allow for multiple year agreements from one application. Outcome: Demonstrates Councils commitment to tourism industry and wider business community.

3. Maintain an active role on the Cobram Barooga Business and Tourism Event Stakeholder Committee and fund major external events through this collaboration. Outcome: Demonstrates Councils commitment to tourism industry and wider business community



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5.10 EVENT FUNDING – TRAINEE CHAMPIONSHIPS

AUTHOR: Economic & Industry Development Liaison STRATEGIC OUTCOME: Diverse and resilient business STRATEGIC OBJECTIVE: 4.2 Diversify and promote local tourism FILE NO: 08.063.3 RECOMMENDATION: - that the Council allocate $7,500 a year to funding the PGA Southern Division Trainee Championships and Junior Golf Experience held at the Tocumwal Golf Club in 2019, 2020 and 2021. REPORT: The Professional Golfers Association of Australia conducts hundreds of golf events across Australia each year. The PGA Southern Division (Tasmania, Victoria and South Australia) has hosted the Trainee Championships at Tocumwal for the past 16 years delivering an estimated economic benefit to the region of $2.8 million. Under the current Major Event Funding program criteria this event should no longer be eligible for funding as it has reached the 3 year maximum. However it is a very important event for Tocumwal tourism businesses and the wider business community. Since the development of the Sports Marketing Australia partnership between Berrigan Shire Council, Moira Shire Council and Cobram Barooga Business and Tourism, Council has actively supported the attraction of sporting events and the PGA event is a good example of the type of event that we want to attract. Under Councils Event Funding criteria this event satisfies the following key indicators:

• Extended length of stay • Addresses a traditional low season for accommodation houses • The event is designed as an attractor and is not catering to visitors that

are already here. • As a sporting event this event is relevant to the Berrigan Shire Tourism

Strategy and would satisfy as a tier two event.

The recommendation to allocate funding to this event is based on:



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1. the proven ability of the event to have a very favorable economic impact on the Berrigan Shire accommodation houses and,

2. the comprehensive schools program to encourage local children into the game – a long term strategic position to sustain golf and the Clubs in the Shire.

3. The professional nature of the management of the event. The PGA Southern Division Trainee Championships will be held over 5 days during in May 2019. The Councils Event Impact Calculator provides the following assessment of the financial impact the event would have on the local community and is in line with the assumptions that is made by the PGA in the application. The event organiser is no longer able to billet their players into local homes therefore more than 85% of competitors will access commercial accommodation.

Event Impact Summary Berrigan Shire - PGA Southern Division Trainee Championships - Modelling the effect of $170,000 from a Sports and Recreation Activities event with State significance Output

($) Value-

added ($) Employment (annual FTE)

Resident Jobs (annual FTE)

Direct impact 136,000 77,038 1.7 Industrial impact 38,946 18,099 0.2 Consumption impact 17,296 9,155 0.1 Total impact on Berrigan Shire economy

192,241 104,292 2.0 1.7

The funding application is attached as Appendix “E”



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5.11 EVENT FUNDING – MILD 2 WILD ROD RUN AUTHOR: Economic Development Officer STRATEGIC OUTCOME: Diverse and resilient business STRATEGIC OBJECTIVE: 4.3 Diversify and promote local tourism FILE NO: 08.063.3 RECOMMENDATION: - that the Council allocate $1,000 to the Mild2Wild Rod Run. REPORT: The Mild 2 Wild Rod Run is a bi annual event run over 3 days of the Victorian Labour day weekend in March. The event consists of a show and shine, a rod run (a planned day long club drive to local eateries and attractions), an evening street parade of vehicles, and music and dancing entertainment. The following economic assessment is based on 1000 people spending $100 a day over the 3 days of the event. This should be considered a reasonably conservative assessment as the entrants (approx. 600) who stay in town would spend considerably more than that. An extra 400 people a day have been factored in to account for the expected 1500 to 2000 spectators. Attendance expectation is based on historical data for the event. The Mild 2 Wild Rod Run satisfies a number of the goals of the Event funding program including an extended length of stay and dispersal around the region. It is held during a peak holiday weekend with the evening street parade providing a spectacle for all visitors to town. Event Impact Summary Berrigan Shire - Mild 2 Wild Rod Run - Modelling the effect of $315,315 from a Sports and Recreation Activities event with Region significance Output

($) Value-

added ($) Employment (annual FTE)

Resident Jobs (annual FTE)

Direct impact 271,045 145,638 3.0 Industrial impact 80,892 38,207 0.4 Consumption impact 32,848 17,386 0.2 Total impact on Berrigan Shire economy

384,785 201,232 3.6 2.9

The funding application is attached as Appendix “F”


Items for Noting

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N O T I N G

RECOMMENDATION – that Items for Noting numbered 6.1 to 6.6 inclusive be received and noted. 6.1 DEBT MANAGEMENT AND HARDSHIP

GUIDELINES AUTHOR: Director Corporate Services STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 2.1 Berrigan Shire 2027 objectives and


FILE NO: 12.049.1 REPORT:

The Chief Executive of the Office of Local Government (OLG) last month released Debt Management and Hardship Guidelines (Attached as Appendix “G”) These new Guidelines were issued to Councils under Section 23A of the Local Government Act 1993 which requires the Council to take them into consideration when exercising any of its functions – i.e. they are in effect compulsory. In the Guidelines, OLG state that:

The Guidelines support councils to review and update existing debt management policies and practices to collect rates and waste charges, water and sewerage charges, and align them to best practice across the sector. They provide guidance on proactive measures councils can take to ensure prompt payment and minimise default, as well as how to follow up ratepayers and recover any debts incurred fairly and effectively

The Guidelines require the Council to “adopt robust, fair and transparent policies and procedures outlining how they will communicate with ratepayers, collect monies owing, assess hardship claims and, where necessary, recover overdue payments to manage debt.”

http://www5.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s23a.html

http://www5.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s23a.html


Items for Noting

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N O T I N G

The Council’s existing set of debt collection and hardship policies are listed below:

1. Revenue Policy (from page 12 -14) 2. Financial Hardship Policy 3. Financial Hardship – Loose Fill Asbestos Policy

The Revenue Coordinator and I are of the opinion that the Council’s existing suite of Debt Management and Hardship policies and procedures comply with these new guidelines. Certainly, the Council looks to avoid the use of the Court system and debt collection agencies as much as possible, looks to make arrangements with its debtors where possible and stops all collection activity when an agreement is in place and being followed.

However, there are some areas where the Council may adjust its standard collection policies and procedures.

• provide explicit information to debtors as to where they can find independent legal advice and financial counselling in its notices of outstanding debt. Accessing this information may be difficult in rural, regional and remote areas.

• Explicitly include in its policy and procedures a requirement to ensure that its contact with debtors is reasonable – i.e. no more than three contacts a week or more than 10 in a month. In practice, the Council already meets this criteria and documenting this would make it explicit to all.

OLG worked with the NSW Department of Justice on the development of the Guidelines. The Department of Justice were concerned that some Councils were overusing the court system to collect outstanding rates and charges and not always acting as a “model litigant” which is the expectation of the NSW government for all government agencies such as Councils.

One of the issues not addressed in these Guidelines is that the legislation leaves the Council with little option to use the Court system once other methods of collection have failed. Selling up land for non-payment of rates is currently a time-consuming and impractical process.

The Independent Pricing and Regulatory Tribunal (IPART) prepared a report on the Local Government Revenue System in 2016. The draft version of the report included recommendations to streamline the debt recovery process including “reducing the period of time before a property can be sold to recover rates from five years to three years.”

The final IPART report was provided to the Minister in December 2016 – it has not yet been released to Councils or the general public.

https://www.berriganshire.nsw.gov.au/files/policies/Revenue%2041.pdf

https://www.berriganshire.nsw.gov.au/files/policies/Financial%20Hardship%2048.pdf

https://www.berriganshire.nsw.gov.au/files/policies/Financial%20Hardship%20-%20Loose%20Fill%20Asbestos%2072.pdf


Items for Noting

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6.2 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

AUTHOR: Director Technical Services STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 1.3 Connect and protect our communities FILE NO: 14.064.1 REPORT: Cr Morris and I attended the National Local Roads and Transport Congress held in Alice Springs from the 20th to the 22nd November, 2018. The Congress provided a good insight into the current issues affecting local government relating to roads and transport and into the direction being taken by the Australian Local Government Association and other entities to address these issues. Items that I found of particular interest are as follows: Road Safety Professor Narelle Haworth - Centre for Accident Research and Road Safety – Queensland. Acknowledged the need to continue to work towards zero fatalities but highlighted the fact that serious injuries are a bigger issue – for every fatality there is 27 serious injuries many of which are currently not captured in current databases used by government authorities. The number of deaths and serious injuries from road accidents is again on the increase and a large proportion of these occur on Local Government-controlled roads and the proportion is even greater for Vulnerable Road Users where the trends are also alarming. Local Government has a crucial role to play in eliminating death and serious injury on our roads. David Bobbermen – Safety Program Manager, Austroads Presented a very interesting paper on the need for road authorities to have network wide road safety plan and presented a new methodology developed by Austroads to streamline the development of these plans.


Items for Noting

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N O T I N G

I have since contacted David and there is a possibility that Berrigan Shire may be included in the pilot programs that they are rolling out next year. If this can be arranged we would use the network wide road safety plan developed as a component of the review of the Transport Asset Management Plan that is due for review in 2019. National State of the Assets (NSoA) Report Jeff Roorda – Executive Director, JRA Asset Management Jeff presented the revised state of the assets report for roads and community infrastructure controlled by local government throughout Australia. The report indicated “$30billion is required to renew and replace ageing infrastructure that needed now. This is the beginning of the renewal of the infrastructure built during the “baby boom” and rapid growth period in the 60’s and 70’s. There has been a steady increase in renewal spending since 2005, but the proportion of infrastructure in poor condition is not going down indicating it is likely that we are moving into a major renewal phase over the coming 20 years. This is compounded by the requirement to upgrade infrastructure to meet changing functional requirements. For example, old kerbside infrastructure built in the 60’s and 70’s was not build to meet disability Discrimination Act (DDA) requirements and needs to be upgraded when assets are due for renewal at a higher cost. This will become a growing safety and equity requirement with an aging demographic that increases the proportion of the Australian population with limited mobility. NSoA is reporting on infrastructure Capacity as well as function. Capacity is linked to productivity and productivity is a major focus in infrastructure investment. Australia’s freight task is expected to increase by 80 per cent between 2010 and 2030 and triple by 2050, with truck traffic alone predicted to increase by around 50 per cent to 2030. Councils estimate $24 billion of current infrastructure value has poor capacity. The actual upgrade cost of substandard infrastructure is likely to be up to five times that value. Narrow winding local road will need widening and realignment to safely meet the needs of larger vehicles to farm gate and local distribution centres.” The report supports the need for continued effort in the preparation of asset management plans to provide tangible evidence to governments in our endeavor to secure the required resources to maintain and improve our critical infrastructure. Aerodromes Roy Tuomela, Manager Air Traffic Management System Standards, Civil Aviation Safety Authority (CASA)


Items for Noting

39

N O T I N G

The Civil Aviation Regulations have undergone an extensive review and the new regulations will be gazetted in February, 2019 and there will be a 2 year period for aerodromes to transition implementation. There is provision for longer term transition for infrastructure compliance in some instances with compliance required when upgrades or replacements are programmed. Registered Aerodromes will be required to have compliant aerodrome manuals and in this regard a manual template will be provided. Simon Bourke – Policy Director, Australian Airport Association AAA provides a large suite of resources for member airports including Practice Notes, Document Templates, Online Training Courses and Advice. Given the changes in the regulations and resultant compliance requirements it would be worthwhile Council becoming a member of the AAA in order to access these support resources. The cost for Berrigan would be around $600 per year. Heavy Vehicle Funding Reform Several speakers touched on the need to transition heavy vehicle funding from registration fees and fuel excise to a pay by distance system. There are currently some trials being carried out, however, it appears it will be some years before it is likely to be implemented. The need for it is supported by the expected uptake of electrical vehicles as they will obviously not contribute in fuel excise. There are already electric powered trucks being utilised in metropolitan areas for local deliveries and it is expected that the market growth in this area will be fast. The issue in changing will be in securing industry and political support on the basis that the changes will be at least cost neutral to the trucking industry, will see funding diverted to the areas of need and does not disadvantage rural and regional areas. It is difficult to see how the issue of low traffic roads will be resolved and this will be the key area for councils like Berrigan to maintain a keen interest and input. Changing Technology Papers were presented on smart cities, autonomous vehicles, electric vehicles and reuse of recycled waste materials in roadworks.


Items for Noting

40

N O T I N G

Of most interest was the progress being made in developing local markets for the reuse of plastics, glass and used tyres. This progress has been accelerated following the China Sword crisis. One action that we could take to assist in recycling of tyres is to investigate the possibility of all Councils in RAMJO specifying crumbed rubber in the standard bitumen sealing specifications. This could have the effect of reducing the cost of this product to similar to straight bitumen and would provide a longer lasting result for sealing works. ALGA’s Local Roads and Transport Agenda The ALGA has updated the Local Roads and Transport Agenda. It states in its purpose: “It is a local government document that can be used in advocacy with communities and other levels of government. It is a guide and complements existing federal and state/territory government transport planning guides as well as relevant council local transport plans, but does not replace them. It highlights some of the challenges facing local governments in the transport area and also outlines opportunities provided by these challenges.” A copy of the LRTA is included as Appendix “H” and it provides a good insight into the state of play for Local Government in the roads space.


Items for Noting

41

N O T I N G

6.3 SUPPLY AND INSTALLATION OF ASPHALT ON STRATHVALE ROAD BERRIGAN

AUTHOR: Engineering Services Manager STRATEGIC OUTCOME: Sustainable natural and built landscapes STRATEGIC OBJECTIVE: 1.3 Connect and protect our communities FILE NO: MQ07/18/19 REPORT: As part of the upgrade of Strathvale Road, Berrigan funded through Fixing Country Roads it is proposed to provide an all-weather asphalt surface along the entire length of Strathvale Road. As it is anticipated that Berrigan Shire Council will spend more than $150,000 inclusive of GST on the supply, delivery and placing of Asphalt on Strathvale Road, Berrigan the Council has in accordance with Clause 163 if the Local Government (General) regulation 2005, Berrigan Shire Council accepted a quotation from Downer EDI Words Pty Ltd for the estimated total amount of $400,000 through the Local Government Procurement Contract for Bitumen, Emulsions and Asphalt Materials and Services (LGP213). It is estimated that asphalt works will be carried out in March 2019.


Items for Noting

42

N O T I N G

6.4 RIVERINA AND MURRAY JOINT ORGANISATION

AUTHOR: General Manager STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 2.1 Berrigan Shire 2027 objectives and


FILE NO: 14.099.2 REPORT: Circulated with this agenda as Appendix “I” are the minutes of the last RAMJO meeting held on 14th November 2018. Also circulated are copies of presentations by Transgrid (manager of the NSW electricity grid) as Appendix “J”, James Bolton of Dept Premier and Cabinet as Appendix “K” and Albury Wodonga Foodshare as Appendix “L” The Council has been appointed to two of RAMJO’s sub-committees, being water security and energy security and affordability.


Items for Noting

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N O T I N G

6.5 BAROOGA POSTCODE AUTHOR: General Manager STRATEGIC OUTCOME: Supported and engaged communities STRATEGIC OBJECTIVE: 3.1 Create safe, friendly and accessible

communities FILE NO: 04.042.1 REPORT: As Councillors may be aware, Barooga has a postcode of 3644 whilst most other Post Offices located in NSW commencing with a “2”. This has created issues in the past where residents of Barooga and the Council itself have been unable to access online grant applications or make submissions to NSW electronically based systems. These access issues are fundamental because some NSW public service staff do not understand that postcodes define Australia Post delivery systems not state boundaries. A similar issue previously existed where telephone numbers with a “03” prefix could not access NSW government freecall systems. The matter was raised with the Member for Murray, Austin Evans MP who intern raised the issue with the Deputy Premier and Minister for Regional NSW the Hon John Barilaro MP. The response from the Deputy Premier is circulated with this agenda for Councillors information as Appendix “M”. The issue with grant applications referred to in the Deputy Premiers letter has not some much been resolved as a work around has been developed. To effectively resolve the issue either the Council needs to continue lobbying to have the NSW government change its administrative practice so that applications or submissions etc. received from a postcode commencing with a “3” are not automatically excluded from government processes or the Council needs to lobby Australia Post to get a separate postcode for Barooga beginning with a “2”. Historically, and perhaps informally, Barooga residents have not supported a change in Postcode. Ironically it appears that Barooga did in fact once have its own Postcode. It would be useful to have some discussion around the options of;


Items for Noting

44

N O T I N G

• Lobbying the state to amend its administrative practices;

• After resident consultation and if supported, lobbying Australia Post for a new “2” based Postcode for Barooga; or

• Do nothing and put up with the existing level of inconvenience. For discussion.


Items for Noting

45

N O T I N G

6.6 DEVELOPMENT DETERMINATIONS FOR MONTH OF NOVEMBER 2018

AUTHOR: Executive Support Officer STRATEGIC OUTCOME: Good government STRATEGIC OBJECTIVE: 2.1 Berrigan Shire 2027 objectives and


FILE NO: REPORT:

APPLICATIONS DETERMINED FOR NOVEMBER

Application Description Property Location Applicant Owner Status Value Days Taken 50/19/DA/D

M TYRE SERVICE 104-106 FINLEY

STREET, FINLEY NSW 2713

(Lot9//DP251191)

Pascoe Grading

MRS M L EVANS

Approved 01-11-2018

$ 1000.00 Active 17

Total 17

54/19/DA/DM

PORTABLE FIRE PUMP

101 NGAWE ROAD, BAROOGA NSW

3644 (Lot76//DP257589)

Mr G F Parsons &

Ms C E Eddy

MR GF PARSONS

AND MS CE EDDY

Approved 07-11-2018

$ 600.00 Active 19

Total 19

55/19/DA/DM

HANGAR 39 WIRRAWAY COURT, TOCUMWAL

NSW 2714 (Lot46//DP1233177)

Mr G G Tait MR G G TAIT Approved 01-11-2018

$ 200000.00

Active 15

Total 15

57/19/DA/D5

VERANDAH 36 SHORT STREET, TOCUMWAL NSW

2714 (Lot1//DP1245062)

Reklaw Constructions

Pty Ltd

MR GJ PHYLAND AND

MRS CJ WHITE

Approved 07-11-2018

$ 35000.00 Active 15

Total 15

58/19/DA/D5

CARPORT 44 HANNAH STREET,

TOCUMWAL NSW 2714

(Lot12//DP790166)

Mr A Schultz MS T A BURCH

Approved 05-11-2018

$ 7000.00 Active 12

Total 12

59/19/DA/D7

INGROUND FIBREGLASS

SWIMMING POOL

1057 MULWALA-BAROOGA ROAD, BOOMANOOMANA

NSW 3644 (Lot17//DP653769)

Narellan Pools Albury

Pty Ltd

MR NL HARGREAVES AND MRS CO

HARGREAVES

Approved 08-11-2018

$ 40900.00 Active 15

Total 15

61/19/DA/D9-M

MODIFICATION TO 88/18/DA/D9 -

3 LOT SUBDIVISION

64 SNELL ROAD, BAROOGA NSW

3644 (Lot26//DP1049419)

Mr S J & Mrs J C Klaver

MR S J & MRS J C KLAVER

Approved 12-11-2018

$ 0.00 Active 15

Total 15

62/19/DA/DO

RURAL SHED 1238 TUPPAL ROAD, TOCUMWAL NSW

2714 (Lot119//DP752304)

Belubla Pty Ltd

BELUBLA PTY LTD

Approved 14-11-2018

$ 48700.00 Active 16

Total 16

63/19/DA/DM

CARAVAN PARK ASSOCIATED WITH

AVIATION & INSTALLATION OF TRANSPORTABLE

DWELLING

BURMA ROAD, TOCUMWAL NSW

2714 (Lot2//DP808187)

Discus Investments

DISCUS INVESTMENTS

PTY LTD

Approved 13-11-2018

$ 9000.00 Active 13

Total 13


Items for Noting

46

N O T I N G

64/19/DA/D5

PERGOLA TAKARI STREET, BAROOGA NSW

3644 (Lot21//DP1099696)

Mr P A Barrie MR P A BARRIE AND

MRS C A BARRIE

Approved 14-11-2018

$ 8500.00 Active 11

Total 11

20/19/CD/M5

INGROUND FIBREGLASS

SWIMMING POOL

38 HANNAH STREET,

TOCUMWAL NSW 2714

(Lot15//DP790166)

Mr J W & Mrs P A Baker

MR JW BAKER & MRS PA

BAKER

Approved 12-11-2018

$ 50000.00 Active 7

Total 7

21/19/CD/M4

RESIDENTIAL STORAGE SHED

13-15 HUNTER DRIVE, TOCUMWAL

NSW 2714 (Lot26//DP1100718)

Mr D G & Mrs E C Tainton

MR DG TAINTON AND

MRS EC TAINTON

Approved 12-11-2018

$ 9000.00 Active 7

Total 7

22/19/CD/M5

INGROUND FIBREGLASS

SWIMMING POOL

138 DENILIQUIN STREET,

TOCUMWAL NSW 2714

(Lot221//DP1096364)

Paul Stevens MR PB STEVENS

Approved 23-11-2018

$ 17300.00 Active 9

Total 9

68/19/DA/DM

FENCE 22-26 TONGS STREET, FINLEY

NSW 2713 (Lot9//DP1234429)

Mr P A Mrs L N Dundon

MR PA & MRS LN DUNDON

Approved 22-11-2018

$ 1500.00 Active 8

Total 8

69/19/DA/DM

HERITAGE BUILDING ROOF REPLACEMENT

48-52 WOLLAMAI STREET, FINLEY

NSW 2713 (Lot6/8/DP758412)

JT & EN Close

CLOSEDALE PTY LTD

Approved 30-11-2018

$ 35000.00 Active 12

Total 12

72/19/DA/D5

RESIDENTIAL STORAGE SHED

71 FINLEY STREET, FINLEY NSW 2713 (Lot16//DP749417)

Karen Dunn MS KA DUNN Approved 28-11-2018

$ 9500.00 Active 3

Total 3

APPLICATIONS PENDING DETERMINATION AS AT 04/12/2018

Application No. Date Lodged Description Property Location 66/19/DA/DO-M 07-11-2018 MODIFICATION TO 16/19/DA/DO - RURAL

SHED 268 GOLF COURSE ROAD, BAROOGA NSW 3644 (Lot2//DP791909)

70/19/DA/D5 20-11-2018 DOUBLE CARPORT 25 DENILIQUIN ROAD, TOCUMWAL NSW 2714 (Lot1//DP320250)

71/19/DA/DM 23-11-2018 STAGE 2, 4 INDEPENDENT LIVING UNITS, 6 ATTACHED SERVICED APPARTMENTS, COMMUNITY BUILDING & CIVIL WORKS

HAMILTON STREET, FINLEY NSW 2713 (Lot1//DP1236476)

74/19/DA/D1 26-11-2018 BV DWELLING & ATTACHED GARAGE 4 CHOMLEY CLOSE, BAROOGA NSW 3644 (Lot6//DP1110970)

75/19/DA/D9 27-11-2018 3 LOT SUBDIVISION FRANKS ROAD, BAROOGA NSW 3644 (Lot6//DP1076143)

24/19/CD/M4 27-11-2018 RESIDENTIAL STORAGE SHED 71 COBRAM STREET, BERRIGAN NSW 2712 (Lot6//DP25875)

76/19/DA/DB 29-11-2018 MACHINERY STORAGE SHED 1894 NEWELL HIGHWAY, FINLEY NSW 2713 (Lot129//DP752283)

77/19/DA/D5 30-11-2018 RESIDENTIAL STORAGE SHED 2-4 ROBERTSON STREET, BERRIGAN NSW 2712 (Lot10/17/DP758097)


Items for Noting

47

N O T I N G

TOTAL APPLICATIONS DETERMINED / ISSUED (including modifications)

This Month (Nov)

Year to Date

This Month’s Value (Nov) Year to Date Value

Development Applications (DA) 16 76 $473,000 $9,482,591 Construction Certificates (CC) 6 48 $567,240 $5,910,342 Complying Development Certificates (CDC) 3 21 $76,300 $1,253,405

Local Activity (s.68) 3 36 0 0

OTHER CERTIFICATES ISSUED FOR NOVEMBER

s10.7(2) Planning

Certificate s10.7(5)

Certificate

735A Certificate Outstanding Notices or Orders under LG Act

1993

s9.34 Certificate

Outstanding Notices or Orders under EP&A

Act 1979

s6.24 Building

Certificate Swimming Pool

Certificate

Nov Year Total Nov Year

Total Nov Year Total Nov Year

Total Nov Year Total Nov Year

Total BAROOGA 5 36 0 0 0 0 0 0 0 0 0 4

BERRIGAN 7 34 1 1 4 6 1 1 0 1 0 1

FINLEY 8 48 1 6 0 3 5 10 0 0 2 3

TOCUMWAL 5 43 0 1 0 3 0 0 0 4 0 2

TOTAL 25 161 2 8 4 8 6 11 0 5 2 10


Items for Noting

48

N O T I N G



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7. CLOSED COUNCIL In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) personnel matters concerning particular individuals (other than councillors)

(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, councillors, council staff or council property

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

7.1 HEADING This item is classified CONFIDENTIAL under section 10A(d)(i) (These numbers are selected from the information above and are relevant to the report – remove this note once you have worked it out) of the Local



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Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied

it, or It is not in the public interest to reveal the commercial information provided by the consultant.

RECOMMENDATION - that the Council move into a closed session to consider the following business together with any reports tabled at the meeting. And further that pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above and that the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993. 7.1 C001/18 – LANDFILL WASTE RECYCLABLES COLLECTION Council closed its meeting at ……. The public and media left the Chamber.



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Open Council resumed at ……. RESOLUTIONS FROM THE CLOSED COUNCIL MEETING The following resolutions of the Council while the meeting was closed to the public were read to the meeting by the Mayor:



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8. MAYOR’S REPORT RECOMMENDATION – that the Mayor’s Report be received.



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9. DELEGATES REPORT



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10. GENERAL BUSINESS

Council Chambers 9:00AM Public Question Time COUNCIL … … · council chambers, berrigan, on wednesday 12th december, 2018 when the following business will be submitted:- 9:00am

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