Business Paper

 

Ordinary Council Meeting

Wednesday, 26 May 2021

I hereby give notice that an Ordinary Meeting of Council will be held on:

Date:

Wednesday, 26 May 2021

Time:

9:00am

Location:

Council Chambers

Joanne Sangster

General Manager

 


Ordinary Council Meeting Agenda

26 May 2021

 

Order Of Business

1          Acknowledgement of Country and Council Prayer. 5

2          Apologies and Applications for a Leave of Absence by Councillors. 5

3          Confirmation of Minutes. 6

3.1            Minutes of the Council Meeting held on 17 May 2021. 6

4          Disclosures of Interests. 12

5          Mayoral Minute(s) 13

5.1            Mayoral Minute - May 2021. 13

6          Inward Correspondence/Petitions. 14

6.1            Correspondence. 14

7          Reports to Council 17

7.1            Resolutions Register. 17

7.2            Executive Area Works Report 33

7.3            Budget Review for the Quarter Ending 31 March 2021. 35

7.4            Investments - April 2021. 46

7.5            Adoption of Financial Reserves Policy. 50

7.6            Renewal of Central Northern Regional Library Agreement 58

7.7            Allocation of Community Funding Program 2021 Round 1. 90

7.8            Engineering Directorate Works Report - May 2021. 100

7.9            Water Supply Status Report 103

7.10          Adoption of Draft Amendment No. 5 to Development Control Plan. 107

7.11          NSW Roads Congress - Councillor Delegate. 185

8          Delegates Reports. 188

Nil

9          Notices of Motions/Questions with Notice. 188

Nil

10       Confidential Matters. 189

10.1          Update on Enforcement Matters 69 South Street and 73 Henry Street Quirindi 189

 

 


1            Acknowledgement of Country and Council Prayer

2            Apologies and Applications for a Leave of Absence by Councillors


Ordinary Council Meeting Minutes

17 May 2021

 

3            Confirmation of Minutes

3.1         Minutes of the Council Meeting held on 17 May 2021

File Number:           G2021/0187

Author:                    Christie Pearson, Executive Officer

Authoriser:              Joanne Sangster, General Manager

Annexures:              A.      Minutes of the Council Meeting held on 17 May 2021  

 

Recommendation

1.       That the Minutes of the Council Meeting held on 17 May 2021 be received and the recommendations therein be adopted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   MINUTES OF Liverpool Plains Shire Council
Ordinary Council Meeting
HELD AT THE FCC Training Room RFS Building, 124 Prior Street, Quirindi
ON Monday, 17 May 2021 AT 2.30pm

 

PRESENT:                 Cr Doug Hawkins OAM (Mayor), Cr Ken Cudmore (Deputy Mayor), Cr Ian Lobsey OAM, Cr Paul Moules

IN ATTENDANCE:     Joanne Sangster (General Manager), Nathan Skelly (Director Engineering and Environmental Services), Cian Middleton (Director Corporate and Community Services), Rod Batterham (Water Services Manager) Christie Pearson (Executive Officer), Jack Crombie (IT Trainee)

AUDIO RECORDING OF MEETINGS

The Mayor informed the meeting as follows:

 

“Consistent with section 747A of the Local Government Act 1993 and current Public Health Order, this meeting of Liverpool Plains Shire Council is being live-streamed to Council’s website.

 

A webcast of this meeting will be published to Council’s website at lpsc.nsw.gov.au so that it is available for viewing by members of the public.”

1            Acknowledgement of Country and Council Prayer

Cr Ian Lobsey  recited the Acknowledgement of Country and the Council Prayer.

2            Apologies and Applications for a Leave of Absence by Councillors 

The Mayor invited apologies and applications for leave of absence.

Apology

Resolution  2021/66

Moved:       Cr Paul Moules

Seconded:   Cr Ian Lobsey OAM

That the apology received from Cr Virginia Black be accepted.

Carried

 

3            Confirmation of Minutes

3.1         Minutes of the Council Meeting held on 28 April 2021

Resolution  2021/67

Moved:       Cr Ken Cudmore

Seconded:   Cr Ian Lobsey OAM

1.       That the Minutes of the Council Meeting held on 28 April 2021 be received and the recommendations therein be adopted.

Carried

 

4            Disclosures of Interests

The Mayor requested Councillors disclose any conflicts of interest in matters under consideration at the Ordinary Meeting, in accordance with Part 4 and part 5 of the Code of Conduct.

Nil disclosures were made

5            Mayoral Minute(s)

Nil

6            Inward Correspondence/Petitions

Nil

7            Reports to Council

7.1         Public Exhibition of draft combined Delivery Program 2017-2022 and Operational Plan 2021-2022

Resolution  2021/68

Moved:       Cr Paul Moules

Seconded:   Cr Ken Cudmore

That Council:

1.       Extend the Delivery Program 2017-2021 by an additional 12-month period to 30 June 2022.

2.       Place the draft combined Delivery Program 2017-2022 and Operational Plan 2021-2022, appended at Annexure A, on public exhibition for a period of 28 days.

Carried

 

7.2         Amendment to Schedule of Ordinary Meetings 2021

Resolution  2021/69

Moved:       Cr Ken Cudmore

Seconded:   Cr Ian Lobsey OAM

That Council:

1.       Amend the Schedule of Ordinary Meetings, appended at Annexure A, to change the time of the Ordinary Meeting scheduled to be held 26 May 2021 to be 9.00am.

2.       Note that the General Manager will provide public notice of the amended Schedule of Ordinary Meetings, pursuant to sections 9 and 418(3) of the Local Government Act 1993 and clause 3.3 of the Code of Meeting Practice.

Carried

 

8            Delegates Reports

Nil

9            Notices of Motions/Questions with Notice

Nil 

10          Confidential Matters

Resolution  2021/70

Moved:       Cr Ken Cudmore

Seconded:   Cr Ian Lobsey OAM

That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993:

10.1       Affixture of the Council Seal to the General Manager's Contract of Employment

This matter is considered to be confidential under Section 10A(2) - (a) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with personnel matters concerning particular individuals (other than councillors).

10.2       Quipolly Water Project - Award of Contract 08/2020

This matter is considered to be confidential under Section 10A(2) - (d)(i) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Carried

 

Resolution  2021/72

Moved:       Cr Paul Moules

Seconded:   Cr Ian Lobsey OAM

That Council moves out of Closed Council into Open Council.

 

Carried

 

  

 

 

 

 

REPORT ON CONFIDENTIAL MATTERS

 

The Mayor reported as follows on the matters considered in the confidential section of the meeting:

 

10.1       Affixture of the Council Seal to the General Manager's Contract of Employment

Resolution  2021/73

Moved:       Cr Ian Lobsey OAM

Seconded:   Cr Paul Moules

That Council:

1.                Authorise the Mayor and Deputy Mayor to execute and affix the Council Seal to the General Manager’s Contract of Employment, appended at Annexure A, pursuant to clause 400 of the Local Government (General) Regulation 2005.

Carried

 

10.2       Quipolly Water Project - Award of Contract 08/2020

Resolution  2021/74

Moved:       Cr Paul Moules

Seconded:   Cr Ian Lobsey OAM

That Council:

1.       Enter into a contract with Gongues Constructions Pty. Ltd. for $32,454,960 exc. GST for the delivery of the Quipolly Water Project under Contract 08/2020, subject to variations.

2.       Enter into a contract with Hunter H20 for $1,732,130 exc. GST for the delivery of Project Management and Council Engineering Support for the delivery of the Quipolly Water Project, subject to variations

3.       Pursuant to Section 55(3)(i) Council not invite tenders for the Project Management and Council Engineering Support for the Quipolly Water Project on the basis that:

(a)     Council has contract rates with Hunter H20 through the Namoi Unlimited panel contract

(b)     Hunter H20 have intimate knowledge of the project, and going to the market is not expected to result in competitive tenders

4.       Delegate the General Manager to execute the contracts with Gongues Constructions Pty. Ltd. and Hunter H20.

Carried

 

 

 

 

The Meeting closed at 2:57.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 26 May 2021.

...................................................

CHAIRPERSON

  

 


Ordinary Council Meeting Agenda

26 May 2021

 

4            Disclosures of Interests


Ordinary Council Meeting Agenda

26 May 2021

 

5            Mayoral Minute(s)

5.1         Mayoral Minute - May 2021

File Number:           G2021/0145

Author:                    Doug Hawkins OAM, Mayor

Authoriser:             

Annexures:              Nil

 

Recommendation

That Council:

1.       Receive and note the Mayoral Minute.

Purpose

To advise of the Mayor’s representation of Council at functions and events.

Background

The Mayor is often required to attend various events, functions, openings and meetings; it is appropriate these actions be reported to Council.

Issues and Comments

Actions and Functions / Events attended by the Mayor – April 2021

Daily

Briefing with General Manager

06/04/2021

Namoi Unlimited Board Meeting - Gunnedah

07/04/2021

Announcement of Namoi Regional Jobs Precinct

08/04/2021

Meeting with ARTC regarding Reconciliation Ride

14/04/2021

NSW Seniors Festival opening

14/04/2021

Office of the NSW Crown Land Commissioner

14/04/2021

CWA

19/04/2021

Liverpool Plains Business Chamber meeting – Quirindi RSL Club

20/04/2021

Executive Committee of the Quirindi RSL Club

21/04/2021

The Hon. Barnaby Joyce, MP – LPSC Sporting Courts, Quirindi Library, Bullenbullen Road

22/04/2021

St Joseph’s Primary School – Anzac Day presentation

23/04/2021

Quirindi Primary School – Anzac Day presentation

27/04/2021

Interview – Northern Daily Leader

29/04/2021

Quirindi Library Announcement – The Hon. Sarah Mitchell, MP Minister for Education, Mr David Layzell and The Hon. Sam Farraway, MLC and LPSC Councill

                                            Mayor’s correspondence – May 2021

07/05/2021

Mr P Nevill – DPIE

Werris Creek Coal Mine

 

 

 

  


Ordinary Council Meeting Agenda

26 May 2021

 

6            Inward Correspondence/Petitions

6.1         Correspondence

File Number:           G2021/0146

Author:                    Deborah Perry-Brown, Executive Support Officer

Authoriser:              Joanne Sangster, General Manager

Annexures:              A.      LPSC Support for Anzac Day

B.      LPSC support of Quirindi High School students  

 

Recommendation

That Council receive and note Correspondences 1 and 2.

1.         Letter

Letter of appreciation from the Quirindi RSL Sub-Branch to the Mayor for his attendance at the ANZAC Day Services in Quirindi on Sunday 25 April, 2021.

2.         Letter

Letter of appreciation from the Principal of the Quirindi High School to acknowledge the support and encouragement of the Mayor for the students to speak address the ANZAC Day memorial service.


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7            Reports to Council

7.1         Resolutions Register

IP&R Linkage:          Goal:        5 Our local government is efficient, sustainable and fit for the future

Strategy: 3 Deliver good governance and maintain a transparent decision-making framework.

Author:                    Christie Pearson, Executive Officer

Authoriser:              Joanne Sangster, General Manager

File Number:           G2021/0179

Annexures:              A.      Resolutions Register Update 26 May 2021   

 

Recommendation

That Council:

1.       Receive and note the Resolutions Register as at 20 May 2021, appended at Annexure A.

Background

Section 223 of the Local Government Act 1993 (“the Act”) provides that Council’s governing body is responsible for directing and controlling the affairs of Council in accordance with the Act, including making decisions with respect to the exercise of Council’s functions. Decisions of Council’s governing body must be made at meetings of the Council, which must be conducted in accordance with Council’s Code of Meeting Practice.

Section 335 of the Act requires the General Manager to conduct the day-to-day management of Council in accordance with its strategic plans, programs, strategies and policies, and to implement, without undue delay, lawful decisions of the Council.

Issues and Commentary

The Resolutions Register appended at Annexure A lists all resolutions of Council, commencing 01 January 2021, that require further action by Officers in order to be implemented.

Each resolution has been assigned to the appropriate Officer, who is responsible for completing any actions required to effectively implement the respective resolution.

The register excludes those resolutions of Council that do not require further action.

Commencing 01 January 2021, Council has made seventeen resolutions requiring further action. As illustrated in Table 1, below, fourteen resolutions have been completed and actioned as at the date of this Business Paper being published, and three remain outstanding.

Table 1: Council Resolution Status Summary

Status

Definition

Number

Complete

Action completed by date of Business Paper publication.

14

Outstanding

Action not completed by date of Business Paper publication.

3

 

TOTAL

17

Legislative and Policy Implications

As detailed above, the Act requires the General Manager to implement, without undue delay, the lawful decisions of Council. The Resolutions Register clearly details how the General Manager is implementing Council’s decisions, consistent with resolutions made at its meetings.

Financial Implications

There are no financial implications for Council associated with this report. 

RISK Implications

Provision of the Resolutions Register mitigates the risk of actions not being implemented in a timely manner.

Community Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

The Resolutions Register appended at Annexure A lists all Council resolutions requiring further action, and the status of implementing each action, as at 20 May 2021. It is recommended that Council receive and note the Resolutions Register.


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7.2         Executive Area Works Report

IP&R Linkage:          Goal:        3 Liverpool Plains Shire Council represents the community it serves

Strategy: 5 Engage with the community effectively and target communication, ensuring a transparent approach.

Author:                    Deborah Perry-Brown, Executive Support Officer

Authoriser:              Joanne Sangster, General Manager

File Number:           G2021/0147

Annexures:              Nil

 

Recommendation

That Council:

1.       Receive and note the Executive Area Works Report.

Background

This report provides an overview of progress with key activities in the Executive Services area for the previous period.

Issues and Commentary

Fortnightly meetings with Senior Management Team, fortnightly meetings with Management Team.

General Manager Actions

The General Manager is often required to attend various events, functions and openings. It is appropriate that these be reported to Council on a monthly basis.

Actions and Functions / Events attended by the General Manager

April 2021

01/04/2021

Meeting with Mayor Hawkins – at least weekly

06/04/2021

Namoi Unlimited Board meetinWg - Gunnedah

07/04/2021

Regional Jobs Precinct announcement – The Hon. John Barilaro and The Hon. Kevin Anderson

09/04/2021

Transport for NSW – Fixing Country Bridges funding

14/04/2021

Mr Robert McInnes and Ms Katherine O’Neill – Office of the NSW Crown Land Commissioner

15/04/2021

Meeting with Transport for NSW

20/04/2021

Executive Committee Quirindi RSL Club

21/04/2021

The Hon. Barnaby Joyce, MP – LPSC Sporting Courts, Quirindi Library, Bullenbullen Road

29/04/2021

Quirindi Library announcement

 

Media

This report covers the period 01-04-21 to 19-05-21

·    Prepare and distribute 33 media releases

·    224 social media posts during the period

Campaigns over this period include: LPSC Community Fund, School Holiday road safety, LPSC School Holiday Events, LPS Senior’s Festival, Protect water metres from freezing, LPSC Youth Week events, Werris Creek Boil Water Alert, African Boxthorn Weeds campaign, Local Dine and Discover promotion, Anzac Day events and road closures, Pet microchipping and registration requirements, Library redevelopment, opening Basketball/ Netball complex, Water conservation tips, Advice re burst water mains, Waste Management Strategy forums, local volunteers and Sunshine Harvester restoration, Regional Jobs Precinct, HSS calendars and health pack deliveries, Regional Business Events and Tourism Support Package, Callaghans Lane project, Centre Street project, Volunteers Week, Fatality Free Friday road safety campaign, Get Connected Destination NSW, Shoosh For Kids sport’s campaign, Showground redevelopment project, Willow Tree Tourism finalist, Walk Safely to School campaign, Golland Fields project, Seeking Extra Funding for Roads, Mouse Plague Control Package, Go Local COVID19 updates, and other general Council information.

Legislative and Policy Implications

There are no legislative and policy implications for Council associated with this report.

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

There are no risk implications for Council associated with this report.

Community Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

This report provides an overview of activities within the General Manager’s office during April 2021.

 


Ordinary Council Meeting Agenda

26 May 2021

 

7.3         Budget Review for the Quarter Ending 31 March 2021

IP&R Linkage:          Goal:        5 Our local government is efficient, sustainable and fit for the future

Strategy: 3 Deliver good governance and maintain a transparent decision-making framework.

Author:                    Raju Koirala, Executive Manager Finance

Authoriser:              Joanne Sangster, General Manager

File Number:           G2021/0151

Annexures:              A.      March 2021 QBRS   

 

Recommendation

That Council:

1.       Receive and note this report.

2.       Adopt the revised Budget forecasts and actual year-to-date results as provided.

 

Background

Council adopted the original budget included in the Annual Operational Plan for 2020/2021 at the Ordinary Council meeting held 17 June 2020.  Any changes to the budget must be approved by Council at a later Ordinary Meeting.  This report seeks Council approval for any required budget variations identified during the third quarter of 2020/2021 for which there has been no previous specific report or approval.

The annual budget provides Council with the means to control resources allocation and revenues as per the objectives set out in its Annual Operational Plan. The annual budget forms the basis for future forecasts and give Council staff the legal authority to commit expenditure. Constant monitoring and budget updates are therefore important for sound financial management

Issues and Commentary

At a consolidated level, the net change in budgeted operational result is expected to be $443 thousand as a result of increase in other revenues and decrease in borrowing costs. 

A detailed review statement is attached to this report outlining the first quarter adjustments at both a consolidated and individual fund level.

Legislative and Policy Implications

Under section 203 of the Local Government (General) Regulation 2005, Council’s Responsible Accounting Officer must prepare and submit to the council, no later than two months after the end of each quarter (except the June quarter) a budget review statement that shows a revised estimate of the income and expenditure for that year

Financial Implications

As detailed in this report.

RISK Implications

There are no risk implications for Council associated with this report.

Community Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

By adopting the revised budget forecasts and actual year to date results, Council continues to implement sound financial management and Council staff will be provided clear guidance and authority to commit expenditure as required. 

 


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7.4         Investments - April 2021

IP&R Linkage:          Goal:        5 Our local government is efficient, sustainable and fit for the future

Strategy: 2 Operate in a financially responsible manner and improve long-term financial sustainability.

Author:                    Raju Koirala, Executive Manager Finance

Authoriser:              Joanne Sangster, General Manager

File Number:           G2021/0185

Annexures:              A.      April 2021 Investment Report   

 

Recommendation

That Council:

1.       Receive and note the Statement of Investments as at 30 April, 2021.

 

Background

In accordance with clause 212 of the Local Government (General) Regulation 2005 (“the Regulations”), the Responsible Accounting Officer must provide Council with a monthly written report setting out details of Council’s investments under section 625 of the Local Government Act 1993 (“the Act”). The report must also include certification that these investments have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

Issues and Commentary

The balance of Council’s investments as at 30 April 2021 stands at $25,200,000.00.  This figure remains same as total investments held at the end of March 2021. Considering the current economic outlook, it is less likely that the return on Council’s investment will be trending positively in near future.

The following charts depict a summary of the investments held by the Council based on the individual institutional exposure and credit rating of the institutions they are held with.

 

Legislative and Policy Implications

All of Council’s investments are held in accordance with Council’s Investment Policy which accords with the requirements of the:

•        Local Government Act 1993 – Section 625;

•        Local Government Act 1993 – Order (of Minister) dated 16 November 2000;

•        The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2), 14C(1) and 2;

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 – CLAUSES 212 AND 215

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

Council’s investments are managed in accordance with Council’s Investment Policy

Community Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

Council’s investments continue to focus on capital protection and compliance with its investment policy whilst actively seeking the best return allowable within these parameters. It is recommended that Council receive and note the Statement of Investments as at 30 April, 2021

 


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7.5         Adoption of Financial Reserves Policy

IP&R Linkage:          Goal:        5 Our local government is efficient, sustainable and fit for the future

Strategy: 3 Deliver good governance and maintain a transparent decision-making framework.

Author:                    Sue Wheatley, Financial Accountant

Authoriser:              Raju Koirala, Executive Manager Finance

File Number:           G2021/0178

Annexures:              A.      Financial Reserves Policy (Draft)   

 

Recommendation

That Council:

1.       Adopt the draft Financial Reserves Policy, appended at Annexure A.

Background

Liverpool Plains Shire Council (“Council”) has cash reserves which are used to support its operations, including situations where expenses exceed forecasts, or income received is less than anticipated. Reserves are accumulated to fund future capital works and pay for liabilities that are accumulating, but not yet due for payment.

The draft Financial Reserves Policy (“the draft Policy”), contained at Annexure A, has been developed to address the above situations, which was submitted to the Audit, Risk and Improvement Committee (“the Committee”) for consideration at its meeting held 13 November 2020.

Issues and Commentary

Council currently does not have a policy guiding financial reserves. Every year when finalising the financial statements, an estimated amount is disclosed under “internal restrictions”, however, such restrictions are not guided by a policy.

As noted above, the draft Policy was considered by the Committee at its meeting held 13 November 2020. The Committee subsequently endorsed the draft Policy for referral to Council for adoption.

Legislative and Policy Implications

AASB 107 Statement of Cash Flows (“AASB107”) requires that Council shall disclose, together with a commentary by management, the amount of significant cash and cash equivalent balances held by the entity that is not available for use by Council.

The Local Government Code of Accounting Practice and Financial Reporting requires:

Internal restrictions shall include those assets, the uses of which are only restricted by a resolution of the elected council, these assets are disclosed with details of the nature of internal restrictions.

Introduction and implementation of a Financial Reserve Policy will contribute to compliance with AASB107, as well as the Code of Accounting Practice and Financial Reporting.

Financial Implications

The draft Policy provides a framework for the management of Council’s financial reserves.

RISK Implications

The adoption of the draft Policy will mitigate the risks associated with managing Council’s financial reserves.

Community Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

The establishment and management of reserves for specific purposes are a sound and prudent practice. The draft Policy, appended at Annexure A, has been considered by the Committee and referred to Council for adoption. It is recommended that Council now adopt the draft Policy for inclusion in Council’s Policy Register.

 


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7.6         Renewal of Central Northern Regional Library Agreement

IP&R Linkage:          Goal:        2 Our health and education services meet our needs and are available in our local community where possible

Strategy: 1 Support and endorse opportunities for quality of life services (education, health and recreation) working in partnership with key stakeholders such as Department of Health, Department of Education and private investors.

Author:                    Ian George, Manager Community and Recreation Services

Authoriser:              Cian Middleton, Director Corporate and Community Services

File Number:           G2021/0174

Annexures:              A.      Minutes of the Central Northern Regional Library Ordinary Meeting (21 April 2021)

B.      Central Northern Regional Library Agreement 2021   

 

Recommendation

That Council:

1.       Receive and note the Minutes of the Central Northern Regional Library Ordinary Meeting held 21 April 2021, appended at Annexure A, and the Central Northern Regional Library Agreement 2021, appended at Annexure B.

2.       Approve the extension of the Central Northern Regional Library Agreement for a further five-year period, commencing 01 July 2021 and terminating on 30 June 2026.

3.       Authorise the Mayor and General Manager to execute and affix the Council Seal to the Central Northern Regional Library Agreement 2021 pursuant to clause 400 of the Local Government (General) Regulation 2005.

Background

The Central Northern Regional Library (“the CNRL”) held an Ordinary Meeting on 21 April 2021. Liverpool Plains Shire Council (“Council”) was represented at the Ordinary Meeting by its appointed delegate, Cr Paul Moules, and the Director Corporate and Community Services. Councillor Moules subsequently provided a Delegate’s Report to Council at its Ordinary Meeting held 28 April 2021 [res. 2021/61].

The Minutes of the CNRL’s Ordinary Meeting are appended at Annexure A. As detailed in those Minutes, reports considered at the Ordinary Meeting included an update on the CNRL restructure, a Library Coordinator’s report and quarterly reports for December 2020 and March 2021. A new draft CNRL Strategic Plan, spanning the five-year period from 2021 to 2026, was also presented, reviewed and approved by the Committee.

Issues and Commentary

The Central Northern Regional Library Agreement (“the CNRL Agreement”) is due for renewal as at 30 June 2021.

Tamworth Regional Council is the Executive Council for CNRL, and the delegating councils comprise:

·    Gwydir Shire Council;

·    Liverpool Plains Shire Council;

·    Narrabri Shire Council;

·    Uralla Shire Council; and

·    Walcha Council.

The Committee recommended the renewal of the CNRL Agreement for a period of five years, with the continued provision that Gwydir Shire Council should not be entitled to share in reserves which existed before it became a Delegating council.

Legislative and Policy Implications

The CNRL is established and constituted under the Library Act 1939 (“the Library Act”), which provides under section 11 for local councils to constitute a library committee and delegate to that committee certain powers and duties in relation to the provision, control and management of libraries, library services and information services.

The CNRL Agreement requires the affixture of the Council Seal. The Local Government (General) Regulation 2005 provides that the Council Seal must not be affixed to a document unless the document relates to Council business and the Council has resolved (by resolution specifically referring to the document) that the Council Seal be so affixed.

Financial Implications

Funding for the provision of the Central Northern Regional Library Agreement and operation is included in the annual Budget, which is contained in the combined Delivery Program and Operational Plan. In 2021/22, this is estimated to be $150,000.

The CNRL Agreement sets out the process for determining the CNRL annual budget. The process remains the same as in previous agreements.

RISK Implications

Membership of the CNRL brings significant advantages to the residents of the Liverpool Plains Shire local government area, as well as Council’s staff, in that they can access a wider range of resources through the regional network. As such, renewal of the CNRL Agreement for a further five-year period will ensure that Council can continue to provide high-quality library services to the Liverpool Plains Shire local government area.

The CNRL Agreement allows for the sharing of library resources, including a shared library management system and professional staff to manage technology and to develop/ implement policies, procedures and programs. The arrangement is designed to take advantage of economies of scale; support systems and opportunities for capacity-building; and enhance service delivery.

Community Consultation

There are no community consultation requirements for Council associated with this report.Conclusion

The Minutes of the CNRL Ordinary Meeting held 21 April 2021 are appended at Annexure A, with the CNRL Agreement appended at Annexure B. It is recommended that Council approve the renewal of the CNRL Agreement for a further five-year period, commencing 01 July 2021, and authorise the Mayor and General Manager to affix the Council Seal to the CNRL Agreement.


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7.7         Allocation of Community Funding Program 2021 Round 1

IP&R Linkage:          Goal:        3 We celebrate local events and festivals as a cohesive community.

Strategy: 3 Deliver and support events and festivals that promote engaged citizenship and foster public pride.

Author:                    Andrew Ballard, Community Events Officer

Authoriser:              Ian George, Manager Community and Recreation Services

File Number:           G2021/0154

Annexures:              A.      May 2021 CEAG Meeting Minutes - Draft - Unconfirmed

B.      CFP Applications Worksheet - 2020-21   

 

Recommendation

That Council:

1.       Pursuant to section 356 of the Local Government Act 1993, provide financial assistance through the Community Funding Program 2021 to the following applicants proposed by the Community Events Advisory Group:

(a)     Currabubula Red Cross - $700.00

(b)     Peel Valley Team Penning - $714.00

(c)     Quirindi RSL Golf Club - $2,500.00

(d)     Currabubula Pony Club - $1,250.00

(e)     Werris Creek Rugby League Football Club - $1,069.70

(f)      Tamworth Motorcycle Club - $1,500.00

(g)     Quirindi Quart Pot Stockman’s Challenge Incorporated - $1,071.00

(h)     Walhallow P&C Association - $1,200.00

Background

The Community Funding Program reflects Council’s commitment to support community organisations to deliver quality programs and services to the local community.  The Cultural and Events Advisory Group (“CEAG”) has recommended funding to be allocated as outlined in the group’s Terms of Reference, the group “provide[s] formal guidance to the senior management team in respect of the exercise of their available delegations for operational expenditure (including for community support initiatives, events and activities) within available budgetary allocations”.

The CEAG has undertaken this advisory role for the past Community Funding Program (“CFP”) Rounds and has been endorsed by Council on every round.

Issues and Commentary

All applications were considered by Council’s CEAG nominated Council representatives.

Accordingly, and in line with the May 2021 CEAG Meeting Minutes (see annexure B – May 2021 CEAG Meeting Minutes – Draft – Unconfirmed) the panel recommend that the following activities be funded:

Table 1 – Community Funding Program 2021 Round 1 Proposed Recipients

Number

Program

Contribution

Organisation

Commentary

Amount Funded

No 1/2021

Seed

In-kind

Currabubula Red Cross

Venue Hire of Currabubula Hall for Currabubula Art Show.

$700.00

No. 2/2021

Seed

In-Kind 

Peel Valley Team Penning

Venue Hire of Currabubula Recreation Ground.

$714.00

No. 3/2021

Infrastructure

Cash

Quirindi RSL Golf Club

Construction of Signage at Quirindi RSL Gold Club

$2,500.00

No. 4/2021

Growth

Cash

Currabubula Pony Club

Purchase of Mechanical Bull for the annual cattle training day.

$1,250.00

No. 5/2021

Growth

Cash

Werris Creek Rugby League Football Club

Purchase of Commemorative Jumper for annual ‘Old Boys’ event.

$1,069.70.

No. 6/2021

Growth

Cash

&

In-kind

Tamworth Motorcycle Club

Cash Contribution for Event Resources

In-Kind Contribution for Venue Hire of Quirindi Showground for Australian Senior Track Championships

$194.00

 

$1,306.00

No. 7/2021

Seed

In-kind

Quirindi Quart Pot Stockman’s Challenge Inc

Venue hire of Quirindi Showground Rodeo Area.

$1,071.00

No. 8/2021

Seed

Cash

Walhallow P&C Association

Towards 2021 NAIDOC Week Festivities at Walhallow Public School.

$1,200.00

*Application No. 6/2021 is subject to provision of valid insurance to Council before the commencement of May Council Meeting.

 

The CEAG Committee has recommended that financial assistance be provided to the eight (8) applicants listed above in Table 1 – Community Funding Program Proposed Recipients. 

Legislative and Policy Implications

Section 356 of the Local Government Act 1993 (“the Act”) provides that a council may resolve to contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions. The Act provides that public notice of the proposed financial assistance must be given, unless the proposed financial assistance is part of a specific program and the program’s details have been included in the council’s Operational Plan for that financial year.

As Council’s combined Delivery Program 2017-2022 and Operational Plan 2020/2021 includes details of the Community Funding Program, public notice of the proposed financial assistance as detailed in this report is not required.

Financial Implications

It is recommended that $10,004.70 be provided to the eight (8) identified applicants from the 2020-21 CFP budget, including an in-kind contribution of $3,791.00 and a cash contribution of $5,673.70. This will utilise the CFP budget allocation for the 2020-21 financial year.

RISK Implications

There are no risk implications for Council associated with this report.

Community Consultation

Consultation is undertaken via the CEAG framework.

Conclusion

The CEAG has recommended eight (8) identified applicants be approved for CFP’s grant funding totalling $10,004.70. It is recommended that Council endorse and approve the provision of financial assistance under the Community Funding Program as endorsed by the CEAG and detailed in this report.


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7.8         Engineering Directorate Works Report - May 2021

IP&R Linkage:          Goal:        1 Our infrastructure is well planned and maintained and will meet our needs and into the future

Strategy: 3 Increase awareness of infrastructure responsibilities and costings.

Author:                    Nathan Skelly, Director Engineering Services

Authoriser:              Nathan Skelly, Director Engineering Services

File Number:           G2021/0163

Annexures:              Nil

 

Recommendation

That Council:

1.       Receive and note the Engineering Directorate Works Report – May 2021

Background

N/A

Issues and Commentary

Quirindi Library

As of mid-May Internal works - building services, glazing, plastering, painting, fixed joinery works and external works - pergola construction and electrical services for pergola are nearing completion. Internal flooring and tiling, external wall cladding/covering, landscaping - paving and pergola roof covering to commence soon.  Works remain on track for practical construction completion and handover by mid-June. Council officers are working with CNRL for library relocation. There has been a significant delay for Essential Energy, NBN installation and commissioning Nationwide. Current estimated timeframe for NBN connection completion is late July. Council staffs are working with stakeholders to accelerate the telecom network connection, it is expected to open to public in July 2021.

 

New Changing Rooms – Golland Field

Works are on target to be completed by 30th June 2021.

 

Proposed Athletics Track

Discussions are continuing with the cricket association regarding a way forward to accommodate both cricket and little athletics on Saturday morning. Junior cricket has substantially grown in size to a point where they need Longfield Ovals 1, 2 & 3 and the two synthetic wickets at Golland field. At the same time little athletics is growing in size. Due to risks around safety it is not possible to have cricket and little athletics occurring at the same time. Progress to date is that little athletics will be based at Golland Field. Allotted start and finishing times for each activity till need to be agreed to. Am working with both parties to reach a resolution.     

Refurbishment of Grandstand – Longfield Oval No 1

Refurbishment works will be completed prior to 30th June 2021.

Werris Creek Gap Road Economic Precinct Southern Access

Tenders have been called through Vendor Panel: Local Government Procurement under Contract – LGP1208-3 for the detailed design work needed for this project. Council staff are in negotiation and into a preliminary agreement with ARTC on development, design, licence, land access and works.  The closing for this project is extended till early June due to the extended consultation with ARTC on the project requirement. It is anticipated to award the design service tender by Late June.

RFS Projects.

Council staffs are project managing few projects- works for NSW RFS fire Services at Quirndi Emergency Services Precinct, Pine Ridge and Premer. These are essential works so RFS can facilitate the community more efficiently. Works are on track to be completed by June.

Roading

Unsealed Roads

Unsealed road normal and major maintenance works are continuing. 

Sealed Roads

Pavement patching is ongoing.

REPAIR Programme

Wallabadah Road Rehabilitation between Victor and Elizabeth Streets is presently under construction and completed end May 2021. The other four projects in the 20/21 REPAIR programme have been completed.

Fixing Local Roads

Blackville Road Seal Extension is completed

Callaghan’s Lane Seal Extension

·    Primary stormwater infrastructure has been installed.

·    Road pavement subbase has been placed and compacted

·    Driveway accesses in progress

2020/2021 Reseal Programme

The reseal programme is 90% complete with two sections both north and south of Currabubula still to be completed. Due to the cooler weather conditions a price is being obtained from the contractor to provide an additive in the bitumen to compensate for the cooler conditions. The contractor experienced unforeseen wet conditions while completing the reseal works on Coonabarabran Road. Some stripping of sealing chip is evident which the contractor will repair.  

Local Roads and Community Infrastructure Fund

·    Henry St Basketball and Netball courts have been completed

·    Centre St upgrade is progressing. Stormwater pipes have been installed plus 50% of subsoil drainage. Western side kerb & gutter presently being placed.

·    Quirindi Library is progressing.

·    Road deviation on Lowes Creek Rd (opposite new water treatment facility) has commenced.

·    Coonabarabran Rd (Caroona Feedlot location) will commence early June.

Parks & Gardens

Maintenance works are continuing.

Council officers are working with the local Cricket Club on a grant application for light upgrades to Longfield Oval.

Water & Wastewater Services

Quarter 4 water meter reading has commenced.

Sewer Mains Rehabilitation program has been completed for the year.

Quirindi WWTP Upgrade Design continuing. Final safety and operability in design workshop scheduled in May. Section 60 consultation ongoing.

Wastewater Pump Station rehabilitation works at Quirindi No. 2 and No. 4 underway.

Asset Management and Buildings

Presently, staff are reviewing the draft revaluation methodology to be used across Council’s transport assets, i.e; roads, drainage, footpaths, kerb & gutter.  In finalising the draft document, the condition assessment methods are to be included for each of the assets, this includes but not limited to rates for road formation, sub-base and wearing surface construction and lineal k&g and drainage line construction rates.

Once this document is complete, framework around ascertaining remaining useful life, asset disposal and renewal can be established as well as renewal costs commensurate with Council’s Delivery and Operational Plan and existing budget.

General building maintenance and repair is on-going and a review is about to commence to improve efficiencies around Council’s cleaning schedule of the numerous Council buildings maintained for our community.

Legislative and Policy Implications

There are no legislative or policy implications for Council associated with this report.

Financial Implications

All works are completed within approved budgets.

RISK Implications

Report provided for information for Council.

 

Community Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

The above report is provided as information for Council.

 


Ordinary Council Meeting Agenda

26 May 2021

 

7.9         Water Supply Status Report

IP&R Linkage:          Goal:        2 We have access to affordable, clean water supplies

Strategy: 2 Endorse best practice regulated operation of water and sewerage systems.

Author:                    Luke Whitten, Water Services Engineer

Authoriser:              Nathan Skelly, Director Engineering Services

File Number:           G2021/0183

Annexures:              Nil

 

Recommendation

That Council:

1.       Receive and note the Water Supply Status report

 

Background

Council maintains eight potable town water supply systems. These systems rely on a combination of ground and surface water sources which are susceptible to drought and changing water quality conditions. Water Services staff constantly monitor and adapt with the actions required to provide a continuous supply of good quality drinking water as these changes occur.

Issues and Commentary

(a)     WATER QUANTITY

The climate outlook from the Bureau of Meteorology (“BOM”) is for moderately above average rainfall over the next three months.

All supplies in the Liverpool Plains Shire local government area are currently on Level P Water Conservation Measures. This allows for the use of sprinklers and other fixed surface watering systems from 4pm to 9am (Eastern Standard Time). Handheld hoses and buckets and watering cans can be used anytime except during the heat of the day. Consumers are always encouraged through the Level P measures to follow common sense water use practices to help maintain a sustainable water supply.

 

Quirindi Supply Status

Production has been at a similar level to last year and below the 5 year average throughout April. The Borambil aquifer has made some recovery during April, which is typical at this time of year, however the level is still like this time last year meaning that despite good rainfall post-drought recovery continues to not show the expected gains shown for this system in the past.

 

Werris Creek Supply Status

Quipolly Dam water level was measured at 98.7% of full supply capacity at the end of April, down 1.5% from the end of March. Water production for Werris Creek has followed a very similar trend to Quirindi for the same reasons.

 

Villages Water Supply Status

Village water supply groundwater levels were typically steady over the last month, with the exception for Caroona which improved at a better rate from no significant irrigation occurring in Zone 8 recently.

 

(B) WATER QUALITY

A Blue Green Algae (BGA) bloom continued at Quipolly Dam into April with the level climbing above the Very High Alert range. While fresh inflow into Quipolly Dam diluted the algae over a few weeks, once the flow stopped and turbidity dropped, algae has returned again to some extent. Utilising the response protocols, NSW Health have been kept up to date regarding this BGA bloom and continue to support Council’s actions as appropriate and safe.

There was one water quality event reported to NSW Health during April which resulted in the Werris Creek Boil Water Alert as indicated in last month’s Water Supply Status report.

The long-term program for monitoring dissolved minerals in the Spring Ridge Water Supply is ongoing.

Legislative and Policy Implications

There are no legislative or policy implications for Council associated with this report.

Financial Implications

All works are undertaken within Council’s budget allocations

RISK Implications

There are no risk implications for Council associated with this report.

Community Consultation

Community engagement continues through several resources available on the Council website for the community to access.

Water Services staff continue to consult with NSW Health regarding BGA in Quipolly Dam.

Conclusion

It is recommended that Council receive and note the Water Supply Status report as detailed above.

 


Ordinary Council Meeting Agenda

26 May 2021

 

7.10       Adoption of Draft Amendment No. 5 to Development Control Plan

IP&R Linkage:          Goal:        3 Town planning reflects the diversity of our towns and villages

Strategy: 2 Identify opportunities for partnership in housing and investment.

Author:                    Gunther Weidenmann, Town Planner

Authoriser:              Nathan Skelly, Director Engineering Services

File Number:           G2021/0176

Annexures:              A.      Amendment No. 5 to the Development Control Plan

B.      Objection received

C.      Sections 4.31.1 & 4.3.1.2 of the Development Control Plan   

 

Recommendation

That Council:

1.       Adopts Amendment No. 5 to Liverpool Plains Shire Council’s Development Control Plan as exhibited.

 

Background

Liverpool Plains Shire Council’s DCP came into effect in May 2012 and has been amended over the ensuing years. The draft Amendment No. 5 to the DCP proposes changes that have been noted during the assessment of various Development Applications since the last in-depth review of the DCP in 2017. The proposed amendments to the DCP also align with the actions under Council’s Local Strategic Planning Statement, and Delivery Program and Operational Plan.

The draft Amendment No. 5 to the DCP was finalised in February and then placed on public exhibition for twenty-eight (28) days. The outcomes of the public exhibition period for the draft Amendment No. 5 to the DCP are discussed under the following section in this report.

 

Issues and Commentary

The draft Amendment No. 5 to the DCP was placed on public exhibition for a period of twenty-eight (28) days, commencing Wednesday 3 March 2021 and ending Wednesday 31 March 2021. One (1) written submission was received by Council during the public exhibition period. A copy of the submission, with all identifying information removed, is attached as Annexure B to this Report.

The objector raised his concerns about Sections 4.3.1.1 and 4.3.1.2 which provides site specific controls for development within the Quirindi North Residential Area (QNRA). Excerpts of these Sections are attached as Annexure C.

No amendments or new provisions relating to Sections 4.3.1.1 and 4.3.1.2 or the QNRA, were proposed as part of the draft Amendment No. 5 to the DCP. It is therefore considered that Council adopt Amendment No. 5 to the DCP as presented at the Ordinary meeting on 24 February 2021 (Annexure A).

 

Legislative and Policy Implications

References to legislation have been revised in the draft Amendment No. 5 to the DCP to reflect current legislation.

 

Financial Implications

There are no financial implications for Council associated with this report.

RISK Implications

There are no risk implications for Council associated with this report.

 

Community Consultation

The draft Amendment No. 5 to the DCP was placed on public exhibition for a period of twenty-eight (28) days, commencing Wednesday 3 March 2021 and ending Wednesday 31 March 2021.

 

Conclusion

Amendment No. 5 to the DCP seeks to clarify existing and include new provisions to ensure that the DCP remains up to date. It is recommended that Council adopt Amendment No. 5 to the DCP as presented at the Ordinary meeting on 24 February 2021.

 

 


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

7.11       NSW Roads Congress - Councillor Delegate

IP&R Linkage:          Goal:        1 Our infrastructure is well planned and maintained and will meet our needs and into the future

Strategy: 3 Increase awareness of infrastructure responsibilities and costings.

Author:                    Nathan Skelly, Director Engineering Services

Authoriser:              Joanne Sangster, General Manager

File Number:           G2021/0182

Annexures:              A.      IPWEA NSW Roads Congress Program 2021   

 

Recommendation

That Council:

1.       Nominate a Councillor to attend the NSW Roads Congress on 7 June 2021 at NSW Parliament House

Background

The Institute of Public Works Engineering Australasia hold an annual NSW Roads Congress to assist Councils in the understanding of the current NSW Government policies around roads and transport, and to provide a communique to all levels of Government on the challenges faced by NSW Councils.

The 2021 Roads Congress is scheduled for Monday 7 June 2021 in NSW Parliament House.

The information from the IPWEA website states:

The Local Roads Conference is offered by the Roads and Transport Directorate, a joint initiative between IPWEA NSW and Local Government NSW to optimise roads and transport outcomes. The Directorate acts as a focus for research activities, provides technical advice to assist member councils and makes submissions on behalf of its members.

The first NSW Local Roads Congress was held in December 2005 and has been held annually since then.  The purpose of the Congress is aimed at Mayors / Councillors / Directors of Engineering and is intended to address policy issues rather than technical issues.

The program is attached in Annexure A.

Issues and Commentary

The registration for this event covers the attendance of the Director Infrastructure and Environmental Services and a Councillor. It will have a keynote from the current Minister Regional Roads, the Hon. Paul Toole, and provides access to other Councillors and executives from Transport for NSW.

The information provided on NSW policy around transport is invaluable, and it provides for input into the conference Communique that is provided to both NSW and Federal governments around road issues for Local Government.

It is recommended that Council nominate a Councillor to attend with the Director for this valuable event.

Legislative and Policy Implications

Nil

Financial Implications

The costs of this conference is $960 plus travel costs, this is allocated within Council’s Engineering Administration budget.

RISK Implications

Nil

Community Consultation

There are no community consultation requirements for Council associated with this report.

Conclusion

It is recommended that a Councillor attend the NSW Roads Congress, and that Council nominate their preferred representative.

 


Ordinary Council Meeting Agenda

26 May 2021

 

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Ordinary Council Meeting Agenda

26 May 2021

 

8            Delegates Reports

Nil

9            Notices of Motions/Questions with Notice

Nil 


Ordinary Council Meeting Agenda

26 May 2021

 

10         Confidential Matters  

Recommendation

That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993:

10.1       Update on Enforcement Matters 69 South Street and 73 Henry Street Quirindi

This matter is considered to be confidential under Section 10A(2) - (b) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with discussion in relation to the personal hardship of a resident or ratepayer.