bourke shire council agenda · 106/2014 engineering 90 notation 206/2014 environmental 98 notation...

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Bourke Shire Council Agenda Monday, 23 rd June 2014 Notice is hereby given that an Ordinary Meeting of Council will be held at the Council Chambers at Bourke Shire Council Offices at 29 Mitchell Street, Bourke, commencing at 9.00am for the purpose of considering the items included in the Agenda General Manager: Ross Earl

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Page 1: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

Bourke Shire Council

Agenda Monday, 23rd June 2014

Notice is hereby given that an Ordinary Meeting of Council will be

held at the Council Chambers at Bourke Shire Council Offices at 29 Mitchell Street, Bourke, commencing at 9.00am for the purpose

of considering the items included in the Agenda

General Manager: Ross Earl

Page 2: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 2 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

AGENDA

C12.1

1. Opening Prayer

2. Remembrance

3. Apologies

4. Declaration of Interest (Forms included with Business Papers)

5. Mayoral Minute

6. Starring of Items

A number of items have been starred for discussion. The Mayor will receive requests to star additional items to be discussed. Recommendation: That recommendations as detailed in the un-starred items in the Agenda for the Ordinary Meeting of Council held on Monday, 23rd June 2014 be adopted.

7. Confirmation of the Minutes

Recommendation: That the minutes of the ordinary meeting of Council held on Monday, 26th May 2014 be confirmed as a true and accurate record of that meeting.

8. Business Arising

Report No

Report Page No Recommendation

00/2014 Business Arising 6 Notation

9. Engineering Services Department

Report No Report Page No Recommendation

109/2014 Graffiti 13 Notation 110/2014 Amendments to Council’s 10

year Asset Replacement Plan and 2014/2015 Operational Plan

16 Consideration

111/2014 Pedestrian Cycleway Bourke Wharf to Kidman Camp

17 Adoption

112/2014 Proposed Roads to Recovery Projects 2014/2015

23 Adoption

113/2014 Emergency Generators 24 Consideration

Page 3: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 3 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

10. Environmental Services & Development Department

Report No Report Page No Recommendation

208/2014 Waste Regulation Submission 26 Notation

209/2014 Bourke LEP 2012 Amendments 40 Adoption

General Manager

Report No Report Page No Recommendation 333/2014 Classification of Land as

Operational Land 43 Adoption

334/2014 Re-Establishment of an Air Service for Bourke

45 Consideration

335/2014 Proposal by the Department of Planning and Environment to Establish Draft Regions for Growth Planning in NSW

47 Consideration

336/2014 Clarification in Relation to Mertin Street Well

48 Consideration

11. Corporate Services Department

Report No Report Page No Recommendation 435/2014 Bank Reconciliation & Statement

of Bank Balances 52 Adoption

436/2014 Investment Report as at 31st May 2014

53 Adoption

437/2014 Pecuniary Interest Returns - 2014

55 Notation

438/2014 Local Government Information (Public Access) Act 2009 (NSW) (GIPA) Publication Guide 2013

56 Adoption

439/2014 Development of Pre School 66 Adoption 440/2014 713 Sale Reconciliation – Late

report to be forwarded out Adoption

12. Tourism & Development

Report No Report Page No Recommendation

508/2014 Skate Park Construction Update 69 Notation 509/2014 Proposed Changes to Bourke

Court House 70 Consideration

13. Delegates and Councillors Reports

Report No Report Page No Recommendation

602/2014 Western Division Workshop, Delegates Report

71 Notation

14. Committee Minutes

Report No Report Page No Recommendation

/2014 Nil Committee Minutes

Page 4: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 4 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

15. Policies

Report No Report Page No Recommendation 803/2014/2014 1.8.10(v4) Investments Policy 73 Consideration 804/2014 1.4.16(v3) Complaints Policy 80 Consideration

16. Précis of Correspondence

Report No Report Page No Recommendation

923/2014 Funding for NSW Public Libraries 86 Notation

924/2014 Bourke Airport 86 Adoption

17. Activity Reports

Report Report Page No Recommendation

106/2014 Engineering 90 Notation

206/2014 Environmental 98 Notation

306/2014 General Manager 100 Notation

406/2014 Corporate Services 111 Notation

505/2014 Tourism & Development 113 Notation

18. Closed Session

Report Report Page No Recommendation

Nil Confidential Reports

10am - Community Open Forum for members of the public to address Council 11.00am – Update from the Darling River Local Area Command 12.00pm – Opening of Walkway

Page 5: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 5 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

CALENDAR OF EVENTS

Month/Year Meeting Date

Time Event Location

2014

June 3rd

2pm Traffic Committee Meeting Conference Room

23rd 9.00am Council Meeting - 4th

Monday Council Chambers July 5

th Enngonia Races

28th

9.00am Council Meeting - 4th

Monday Council Chambers August 5

th 9.30am LRC Meeting RFS – North Bourke

5th

10.30am LEMC Meeting RFS – North Bourke

9th

Louth Races

25th

9.00am Council Meeting - 4th

Monday Council Chambers 20

th 10.00am WH&S Committee Meeting Council Chambers

20th

11.00am Consultative Committee Meeting Council Chambers

26th

2.00pm Traffic Committee Meeting Conference Room

September 22nd

9.00am Council Meeting - 4th

Monday Council Chambers October 27

th 9.00am Council Meeting - 4

th Monday Council Chambers

November 24th

9.00am Council Meeting - 4th

Monday Council Chambers

COUNCILLOR INFORMATION LIST

Information which has been sent out to Councillors since the last meeting of Council held on Monday, 23rd June 2014.

DATE INFORMATION SENT Author Email/Fax Post Précis

20/05/2014 Workshop email Re: Davidson Oval & Hope St Building Reminder

EA Councillors All Staff

03/06/2014 Western Division Newsletter Ruth Fagan, EA Western Division

Councillors MANEX

03/06/2014 Memo – Visit by The Hon. Nigel Scullion Minister for Indigenous Affairs

GM Councillors MANEX

04/06/2014 “From the GM’s Desk” GM Councillors MANEX

06/06/2014 Media Release “New Bridge over the Warrego Bywash at Gumbalie is now Open”

GM Councillors MANEX

06/06/2014 Timetable for the Visit by The Hon. Nigel Scullion Minister for Indigenous Affairs

GM Councillors MANEX

16th – 17th/06/2014

Skate Park Construction Underway MT&D Councillors MANEX

Page 6: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 6 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

BUSINESS ARISING FROM 26TH MAY 2014

KEY: Action still pending Action

GM General Manager MRS Manager of Road Services

MCS Manager Corporate Services MES Manager Environmental Services

MTD Manager Tourism & Development MW Manager of Works

213/2012 – Plaques – Rest Areas Responsible Officer: MRS

DECISION ACTION TAKEN

Plaques to be applied to the three (3) rest areas named for Greens, Gleeson’s and Bowden’s Transport Companies

Plaques erected

Opening to be planned by Manager of Roads

206/2013 - Review of Organisational Structure Responsible Officer: GM

DECISION ACTION TAKEN

1. That the Council obtain advice from Brewarrina Shire as to their willingness to continue negotiations in relation to a shared appointment of a qualified Engineer in the capacity of a Group Leader or similar.

2. That the recommendations in relation to the realignment of any positions be considered prior to the advertising of any vacancies.

3. The positions descriptions of positions identified within the report from Local Government Management Solutions as requiring review be undertaken in consultation with both the employee and any union involved.

4. That the position descriptions of all employees be updated to reflect current duties performed and requirements of the organisation.

1. In progress

2. Ongoing

3. In progress

4. In progress

254/2013 – Old Cemetery Responsible Officer: MES

DECISION ACTION TAKEN

Environmental staff work with Council’s Heritage Advisor to develop a Plan of Management for the old cemetery

In progress, Heritage advisor drafting Plan for review

336/2013 – Naming of the Bogan River Bridge at Beemery - CONFIDENTIAL Responsible Officer: MR

DECISION ACTION TAKEN

1. Council forward its preferred options for the naming of the Beemery Bridge over the Bogan River to the Roads and Maritime Services for their consideration and approval.

2. That on receipt of that approval Council orders the required signage and organises an appropriate naming ceremony.

1. Letter sent to RMS 2. Awaiting reply – Manager of Roads

to follow up

Page 7: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 7 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

350/2013 – Proposed Amendment of LEP Responsible Officer: MES

DECISION ACTION TAKEN

1. Prepare a planning proposal to have the Bourke Local Environmental Plan 2012 (BLEP 2012) amended to rezone IN2 Light Industrial land located in the western end of Bourke encompassing that land between Meek, Anson and Church Streets to R1 General Residential.

2. That a further report be presented to Council to obtain consent to submit that planning proposal to the NSW Department of Planning.

Consultant undertaking preparation of Draft Planning Proposal

362/2013 – Enngonia Hall Committee Responsible Officer: GM

DECISION ACTION TAKEN

GM formalise an agreement with the Enngonia Progress Association in regards to being the caretaker of the hall

In progress

74/2014 – Aboriginal Communities Water & Sewer Program Responsible Officer: MW

DECISION ACTION TAKEN

That if required the seal of Council be affixed to the documents in relation to the provision of the services

Clara Hart Village still subject to negotiation

92/2014 – Sale of Land for Unpaid Rates in accordance with section 713 of the Local Government Act 1993 Responsible Officer: GM

DECISION ACTION TAKEN

1. A further report be provided once all costs are received and sales finalised

1. Costs still being finalised

116/2014 – Local Government Aboriginal Network Conference Responsible Officer: GM

DECISION ACTION TAKEN

General Manager to authorise up to two (2) employees of Council to attend the Local Government Aboriginal Network Conference to be held in Narrandera on 10

th – 12

th September 2014

Expressions of Interest advertised in newsletter

138/2014 – Closing of Duplicated Public Roads in Bourke Shire Responsible Officer: MR

DECISION ACTION TAKEN

Send a letter of concurrence to the Property Services & Natural Resources Crown Lands Division (Western Region) to have the old WDR roads closed under the Roads Act.

Completed

Page 8: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 8 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

163/2014 – CONFIDENTIAL- Enforcement of Fines on Local Roads Responsible Officer: MR

DECISION ACTION TAKEN

Council to continue to investigate methods for enforcing fines on closed roads and continue to ensure that the public are aware that fines may be levied if vehicles are driven on closed roads

Ongoing

168/2014 – Expansion of the Waste Levy Responsible Officer: MES

DECISION ACTION TAKEN

1. Council make a detailed submission during the public consultation period regarding the extension of the waste levy options paper, supporting options 1 and 3 as detailed. The submission to also outline the effects of options 2 and 4 on Bourke Shire Council.

2. Make our local parliamentary representatives aware of our situation and lobby them for their support.

3. Raise this matter at the Western Division meeting in June and lobby them for support on the issue as well.

1. Submission prepared 2. Letters sent 3. Copies of MES report distributed at

Western Division Meeting

174/2014 – Supply of Electricity – Contracts being Negotiated in Conjunction with OROC Responsible Officer:

DECISION ACTION TAKEN

Report be brought to Council as to the effectiveness of the installation of solar panels on some or/all of Council buildings

In progress

175/2014 – Establishment of Aboriginal Community Consultative and Advisory Committee Responsible Officer: GM

DECISION ACTION TAKEN

1. That Council invite the Organisations as detailed in the charter to nominate a delegate and alternate delegate for the Committee.

2. Council Delegates to the Aboriginal Community Consultative and Advisory Committee be Cr Brown, Cr Bartley, Cr Bennett and Cr Ford

1. Letters sent

179/2014 – Investigation of the Establishment of an Internal Audit Function for Bourke Shire Council in Conjunction with other Members of OROC Responsible Officer: GM

DECISION ACTION TAKEN

General Manager continues to liaise with the other members of OROC in relation to the provision of Internal Audit on a joint basis

Ongoing

Page 9: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 9 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

188/2014 – Councillors Remuneration Responsible Officer: MCS

DECISION ACTION TAKEN

Council maintain the policy of paying the minimum fee for Councillors as prescribed for a Category 4 Council and the maximum fee applicable to the Mayor, within that Category 4 Group with those fees being $8,130 and $23,440 respectively

Completed

190/2014 – Budget Review to 31

st March 2014

Responsible Officer: MW

DECISION ACTION TAKEN

Manager of Works report back to the June Meeting on the cost of a generator for the Emergency Operations Room (Council Chambers) and include costs and details for emergency power to service the sewerage pump stations

Report to June Meeting

194/2014 – Community Contribution – Missionaries of Charity Responsible Officer: MCS

DECISION ACTION TAKEN

Council waive the Water Rates for the Missionaries of Charity in the amount of $438.48 for the period 20

th September 2013 to 21

st March

2014 including any accrued interest.

Completed

196/2014 – Mobile Coverage Programme Responsible Officer: GM

DECISION ACTION TAKEN

Council staff discuss with the Department of Communications the options of improved services to Wanaaring with a view to making an affordable contribution if appropriate.

Letter sent

197/2014 – Graffiti Prevention & Education Responsible Officer: GM

DECISION ACTION TAKEN

1. A letter of thanks to be sent to Jono Roe thanking him for his interest in the graffiti prevention in Bourke

2. A report be brought back to Council to address the graffiti issue with a view to employing staff specifically to remove Graffiti and assess the issues contained in the Local Government Act

1. Completed 2. Report to June Meeting

208/2014 – CONFIDENTIAL – Quotations & Options Relating to the Repair of the Davidson Oval Grandstand Responsible Officer: MES

DECISION ACTION TAKEN

Council pursue further information in regards to option 3 (removal of grandstand and rebuilding the change room/canteen facilities) for an additional report be brought back to Council detailing firm estimates for the options identified

Council staff working on preparation of Estimates

Report to be brought back to Council

Page 10: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 10 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

209/2014 – CONFIDENTIAL – Bourke Sewerage –Construction of Mertin Street Pumping Station Responsible Officer: MW

DECISION ACTION TAKEN

1. That Council declines all tenders [as the amounts tendered were outside Council’s budget provisions] in accordance with Clause 178(b) of the Local Government (General) Regulations.

2. That Council, in accordance with Clause 178(c) Council delegates the General Manager authority to enter into negotiations with the contractor recommended by the NSW Public Works with a view to entering into a contract with that company.

3. That Council engages the NSW Public Works to review the specifications in and assist in the negotiations in relation to the proposed contact for refurbishment of the Mertin Street Sewer Pump Station

1. Completed

2. Ongoing

3. Ongoing

210/2014 – CONFIDENTIAL - Insurance Settlement – Hope St, Bourke & Rebuilding Option Responsible Officer: GM

DECISION ACTION TAKEN

Council commit to rebuilding a purpose built preschool facility in conjunction with the BDCS on the Gorrell Avenue site with the draft plans to be submitted by 15

th June 2014.

Pre School advised

Recommendation: That the information in the business arising as presented to Council on Monday, 23

rd June 2014 be received

and noted.

Page 11: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 11 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

ENGINEERING SERVICES REPORT

File No: G5.1

Report: 109/2014 Graffiti

Responsible Officer: Peter Brown, Manager of Works

Background At the meeting of Council held on the 26th May 2014 a letter was received from Mr. Jono Roe concerned about the amount of graffiti in and around Bourke and suggesting that Council develop and adopt a Graffiti Management Plan. Prior to Council undertaking that task it was resolved that Council should cost the employment of a person to be involved in Graffiti Removal for a set period of say three (3) to six (6) months The resolution also called for clarification of Councils ability to undertake graffiti removal on private property. Bourke Shire Council currently carries out graffiti removal on all Council owned buildings, parks and recreational areas with approximately $13,000.00 being spent annually from various sections of the budget to complete these works. Removal of graffiti on Council owned property is easy to undertake as Council has the control of the land or property affected, however, the treatment of graffiti becomes a more sensitive issue when it is on private property. Relevant Legislation The following legislation would appear to provide a clear interpretation of Councils ability to undertake graffiti removal on private land. Extracts from the Local Government Act 1993 and the Graffiti Control Act 2008 are detailed below: Section 67 of the Local Government Act 1993 states as follows

Private works (1) A Council may, by agreement with the owner or occupier of any private land, carry out on the land any kind of work that may lawfully be carried out on the land. Note. Examples of the kind of work that a Council might carry out under this section include:

• paving and road-making • kerbing and guttering • fencing and ditching

• tree planting and tree maintenance • demolition and excavation • land clearing and tree felling • water, sewerage and drainage connections • gas and electricity connections. (2) A Council must not carry out work under this section unless:

(a) it proposes to charge an approved fee for carrying out the work as determined by the Council in accordance with Division 2 of Part 10 of Chapter 15, or

Page 12: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 12 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

(b) if it proposes to charge an amount less than the approved fee, the decision to carry out the work is made, and the proposed fee to be charged is determined, by resolution of the Council

at an open meeting before the work is carried out. (3) A Council must include details or a summary of any resolutions made under this section and

of work carried out under subsection (2) (b) in its next annual report. (4) A report of work to which subsection (2) (b) applies must be given to the next meeting of the

Council after the work is carried out specifying: • the person for whom the work was carried out • the nature of the work • the type and quantity of materials used • the charge made for those materials • the total of the number of hours taken by each person who carried out the work • the total amount charged for carrying out the work (including the charge made for

materials) • the reason for carrying out the work.

(5) This section does not apply to work carried out by a Council, or by two or more Councils jointly, for another Council or for a public authority.

(6) This section does not apply to any graffiti removal work carried out by a Council in

accordance with Part 4 of the Graffiti Control Act 2008.

Part 4 of the Graffiti Control Act 2008 provides as follows

GRAFFITI CONTROL ACT 2008 - SECT 11

Graffiti removal work-by agreement with owner or occupier

11 Graffiti removal work-by agreement with owner or occupier

A local Council may, by agreement with the owner or occupier of any private land, carry out graffiti removal work on the land.

GRAFFITI CONTROL ACT 2008 - SECT 12

Graffiti removal work-without agreement of owner or occupier

12 Graffiti removal work-without agreement of owner or occupier (1) A local Council may, without the agreement of the owner or occupier of any land, carry out graffiti removal work to property on that land if the graffiti concerned is visible from a public place. (2) The graffiti removal work referred to in subsection (1) may only be carried out from a public place. (3) The local Council concerned is to bear the cost of graffiti removal work referred to in subsection (1). (4) If a local Council carries out graffiti removal work in accordance with this section, the Council must, within a reasonable period, give the owner or occupier of the land concerned written notice that the work has occurred. (5) A local Council must pay compensation for any damage caused by the Council in carrying out graffiti removal work in accordance with this section. Note: Section 730 of the Local Government Act 1993 provides for the resolution of claims for

compensation relating to damage under this section in cases of dispute between the person claiming the compensation and the Council.

GRAFFITI CONTROL ACT 2008 - SECT 13 13 Register of graffiti removal work (1) A local Council must keep a register of graffiti removal work carried out in accordance with this Part. (2) The register is to specify in respect of each incidence of graffiti removal work carried out: (a) the owner or occupier of the premises on which the graffiti was situated, and (b) the nature of the work carried out, and

Page 13: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 13 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

(c) the actual cost, or an estimate of the cost at current market rates, of carrying out the work, and

(d) in the case of graffiti removal work carried out in accordance with section 11-the actual amount charged by the local Council for carrying out the work.

Council Policy in relation to Graffiti Management Council’s current policy in relation to Graffiti Management is attached for Councillors information. Financial Implications: Graffiti is a significant issue for the community that has a large financial impact on Council, private premises and businesses. Should Council’s focus change to make a concerted effort to remove Graffiti from both Council and private property the provision of the above legislation would need to be considered together with the costs of undertaking the work. Removal Costs: Below are the estimated costs for employing a casual person for six (6) months dedicated to the removal graffiti within Bourke is detailed below:

Graffiti Removal Rate Hours Costs for Six (6) Months

Wages inclusive of on-costs 25.83 38 @ 26 weeks 25,52.04

Vehicle 9.00 38 @ 26 weeks 8,892.00

Materials 5,000.00

PPE 270.00

Total $34.83 1105 hours 39,682.04

It should be noted that Council has not provided for that level of expenditure in the 2014/2015 budget. Recommendation

1. That Council notes the information from the Manager of Works regarding the legislation governing Council’s ability to undertake graffiti removal.

2. That Council note the costs involved in the employment of a person to undertake graffiti removal for a six (6) month period

Page 14: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 14 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

SECTION 3 Asset Management PART 1 Asset Management

POLICY TITLE: Graffiti Management

POLICY NO: 3.1.8

DATE ADOPTED: 24/08/2009

RESOLUTION NO: 402/2009

SUPERCEDES:

Introduction

Graffiti is a significant issue for the community that has a large financial impact on Council, private persons and businesses. It detracts the town’s

visual amenity, and if allowed to remain creates an unfavourable impression to the community.

This policy has been developed in response to the increase of graffiti within the town of Bourke.

Definitions Graffiti includes any unauthorised drawings, names, words or marks, such

as tags, stencils, political, racist or obscene statements on public buildings or infrastructure and private property.

Scope This document represents Council’s policy for management and abatement of graffiti within the Bourke Shire area, including property owned by

Council, private property and those owned by other government departments and agencies.

Objectives

To enhance Bourke Shire’s built and natural environment by reducing

the incidence of graffiti within the Shire.

To have graffiti removed as quickly as practicable as a strict deterrent.

To provide information and support to other groups and individuals

who are removing graffiti.

To develop a “best practice” graffiti reduction model.

To work with police, the community and government agencies in identifying graffiti offenders and in dealing with them via legal and

other means such as community service programs.

The development of partnerships with other community stakeholders

to assist in the prevention and removal of graffiti.

Council to work closely with owners of properties regularly targeted for

graffiti in developing deterrent and removal strategies.

Page 15: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

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rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

Policy Principles

Council believes that graffiti detracts from the visual amenity of the Shire area

Council views any unauthorised drawing, names, words or marks on public buildings, infrastructure or private property as illegal

Council believes that the prevention and removal of graffiti is the responsibility of all levels of government, as well as private residents,

businesses and utility owners

Council believes that graffiti vandals should be prosecuted to the full

extent of the law

Council is committed to a program of timely removal of graffiti from

Council owned property

Council recognises that it must use its position to provide leadership

in the management of graffiti within the shire area. As such Council will look to form partnerships with other stakeholders to assist in the elimination of graffiti throughout the shire area.

Council will lobby and encourage other parties to remove graffiti from their property, including public authorities and other government

departments.

For graffiti removal on private property Council will operate within the

relevant sections of the NSW Graffiti Control Act. Any of this work involving Council resources will be dependent on availability of

financial and manpower resources and case by case Council approval.

Relevant Legislation

NSW Graffiti Control Act 2008

NSW Graffiti Control Regulations 2009

DATE ADOPTED: 24/08/2009 VERIFIED BY:

Date to be Reviewed: 24/08/2010 Supersedes:

Resolution No: 402/2009

LAST REVIEWED: VERIFIED BY: ……………..……..……..…..

Policies and Processes of Bourke Shire Council Page 15 of 115

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File No: B6.9

Report: 110/2014 Amendments to Council’s 10 year Asset Replacement Plan and 2014/2015 Operational Plan

Responsible Officer: Mark Gordon, Manager Roads

Introduction The replacement of the Whiskey Creek Bridge on the West Culgoa Road and the Town Streets Reseal Program are part of Council’s ten year Asset Management Plan and were included in 2014/2015 Operational Plan. Background The Whiskey Creek Bridge has not received any funding to be replaced this financial year; however there has been an extra one off grant under Roads to Recovery scheduled for 2015/2016. It would be advantageous for Council to defer the replacement of Whiskey Creek Bridge to 2015/2016 to take advantage of this extra funding. Council has completed our town streets ten year reseal program earlier than originally estimated. The program was originally estimated to take ten years to complete, however due to combining these works with the larger State and Regional Roads program we were able to achieve a more economical unit rate and complete the program in seven years. This means that Council will have freed up $150,000.00 per year for the next three years to put into our Local and Regional road network. There is still sufficient funding under the R2R allocation should some unexpected sealing be required. Financial The funding of ($300,000.00) for the replacement of Whiskey Creek Bridge will be from the extra one off Roads to Recovery grant scheduled for 2015/2016. Council has an extra $450,000.00 over the next three years to allocate to our Local and Regional Road network. Recommendation 1. Council reschedule the construction of the Whiskey Creek Bridge to 2015/2016

financial year. 2. Council note the proposed transfer of $450,000 estimated for the town Streets

Reseal Program over the next three years is to the Regional and Local road maintenance Program.

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File No: R8.8

Report: 111/2014 Pedestrian Cycleway Bourke Wharf to Kidman Camp

Responsible Officer: Mark Gordon, Manager Roads

Introduction Bourke Shire Council is applying to install a new pedestrian and cycleway this will link up to the current North Bourke Cycleway (see attached photos). The proposal will be to the Road and Maritime Services Road Safety Department and will provide for three stages of construction. Stage 1 The track will start at the Bourke Wharf in Sturt Street, running along the top of the existing town levee to Richard Street before ramping down onto Darling Street path (250m Long x 3m Wide) concrete. From Darling Street lines will be painted onto the existing sealed shoulder to where it ramps back onto the Council levee at the end of Glen Street (350m long). A 600 m Long x 3m Wide bitumen seal will be installed from Glen Street along the top of the town levee to Cobar Street where bicycles will ramp back down onto Cobar Street. From Cobar Street to Wortumertie Street and onto the Exhibition Centre (800m Long) the shoulder will be widened to cater for a shared path for pedestrians and Bicycles. Pedestrians only, can also have the opportunity to walk the full levee distance from Cobar Street to the Exhibition centre 520m Long no cost will be associated with this section. From the Exhibition Centre Café a (350m Long) bitumen shared path will be installed joining onto current cycleway on the North Bourke Road (Mitchell Highway). The track will be utilised regularly by Bourke residents for cycling, family outings, tourists, triathlons, charity raising events and fitness fanatics. The track will provide a scenic River Route as well as providing access between two prime tourist facilities Back O’ Bourke Centre and Bourke Wharf. The track offers improved pedestrian and cyclist safety by removing it from the Main Highway through Bourke.

Estimated Cost: $192,000.00 Stage 2 Also attached is the Stage Two Proposal (Highlighted in yellow) that will link up with the proposed pedestrian and cycleway to give locals and tourists a further opportunity to test their endurance and to take in the wide range of fauna and flora environment that Bourke provides along the Darling River. This will involve the cost of a man made stairwell at the corner of Darling and Richard Streets to allow pedestrian to access the walking track. The cost also involves the highlighting, clearing and shaping of the current walkway. The river walk will finish at the rear of the exhibition centre where there are already seating and barbecue facilities installed.

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Estimated Cost: $86,500.00 Stage 3 Stage Three of the pedestrian facilities involves linking up with the end of the existing North Bourke Cycleway at the end of the Old North Bourke Bridge at the Bridge Inn Bogan Street North Bourke. It is proposes to form and seal Bogan and Narran Streets including a widened shoulder to support a Shared Pedestrian and Cycleway, and then widen and seal the South Bound shoulder of the Mitchell Highway from the corner of Narran Street and Mitchell Highway to the Entrance of the Kidman Way Caravan Park (1.2km Long). The Stage Three proposal has included a (250mLong x 3m Wide) checker plated steel floor for bikes to ride across the Old North Bourke Timber Bridge safely rather than dismounting. The cost of the checker plate floor is approximately $60,000. It is very apparent that every second or third caravan that passes through Bourke has bikes attached to the rear. Combine this factor and the high obesity problem Australia is going through suggests that the pedestrian and cycleway will be well utilised. When you think about it, the first thing on most peoples agenda when on holidays is lose some weight and get more exercise. The completion of these three stages will provide locals and tourists access by walking or cycling to most of Bourke’s major attractions including Kidman Camp, Bridge Inn, Old North Bourke Bridge, Viewing of Jandra Paddle Boat under North Bourke Bridge, Back O’ Bourke Centre, Darling River, Wharf and Crossley Engine. The pedestrian and cycleway finishes in the heart of the Town Centre at the Wal Mitchell Wharf Precinct to witness Bourke’s fine hospitality and wide range of products that it has to offer.

Estimated Cost: $190,000.00 Financial Application for 100% funding to complete these three stages has been lodged. Recommendations That Council endorse the application for funding for the three stages of the work as detailed by the Manager of Roads.

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File No: R7.6.3

Report: 112/2014 Proposed Roads to Recovery Projects 2014/2015

Responsible Officer: Mark Gordon, Manager Roads

Introduction The following report outlines the proposed projects to be adopted for the 2014/2015 financial year. Background The proposed projects are selected and prioritised through consultation with Council’s Roads Supervisor and Road Maintenance Team Leaders. Council does not generally spend our Roads to Recovery funding on Regional Road Projects, however due to the rapid deterioration of the Poison Point Plain and sections of the Dowling Track, Council will be forced to use this funding to prevent extended road closures in wet conditions. Another contributing factor is the cancellation of Council’s reseal program on our Regional Roads last financial year. To retain theses reseals Council will have to use unplanned funding from the Block Grant to get back on schedule.

Proposed Roads to Recovery Projects 2014/2015

Project Name Estimate

MR 405 Gravel resheet Poison Point Plain $460,000.00

MR 404 Gravel resheet – Race Course Flat and South Kerribree $210,000.00

RLR 27 Burrawantie Road – Gravel Resheet Black Soil Plains $60,000.00

Bourke Town Street Shoulder Sealing $30,000.00

Total $760,000.00

Financial Council’s annual Roads to Recovery budget allocation is $846,000.00. Council can add projects to the program during the current financial year if new priorities are raised. Recommendations That Council adopt the above projects for the 2014/2015 financial year from funding provided under the Roads to Recovery Program.

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File No: A3.10-E3.1-E4.1

Report: 113/2014 Emergency Generators

Responsible Officer: Peter Brown, Manager of Works

Background Council Office The Council Chambers has previously been identified as a secondary Emergency Centre when required. On the 28th February 2014 Bourke was without electricity for approximately six (6) hours, during this time it was identified that the Council Chambers as the secondary Emergency Centre needed to have access to electricity. Approximately five (5) years ago the Council Chambers, Kitchen and Conference room along with the server room were rewired to accommodate an Emergency Centre. This section of the Council building can all be maintained by a 44kva generator when manually connected to the power box outside the Council Chambers. Currently, Council has two generators a 30kva and a 50kva which are used by bush crews and village water supplies and small sewer pumping stations when required. Both are trailer mounted and have to be manually connected as the alternate power supply when an electrician becomes available. A 44kva generator will not run the remainder of the Council Office in times of power outage and this particularly relates to air-conditioning. Sewer Pumping Stations On the 28th February 2014 during the power outage for approximately six (6) hours it was identified that Council has no backup generator large enough to run the two large sewer pumping stations, being Mertin Street and Warraweena Street Wells. When Bourke receives rain during power outages, this causes all sewer pumping stations to fill up if significant rain is received. If the Wells were to fill and overflow this would cause an emergency situation within the township and has the potential to cause a significant health issue. Report There are currently two (2) options for the Council Chambers: Option 1 Install a permanent 44kva generator outside the Council Chambers for all power outage and emergency situations that will allow the Council Chambers, Kitchen, Server Room and Conference Room to have power, computer and phone access. Option 2 Install a permanent 110kva generator that would allow the whole Council building to be operational when there is a power outage.

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Emergency Sewer Generator Council staff and Essential Energy have conducted testing on the size of the generator it would require to run Mertin Street Well and Warraweena Street Well. A 175kva generator has been recommended by Essential Energy as the most efficient generator to continue the operations of the Wells during an emergency situation. Financial Costs The two (2) options been identified for the Council Chambers are costed as follows:-

Generator type Costs

Install 44kva generator Council Chambers $25,000.00

Install 110kva generator Council Chambers $39,000.00

The option for the Sewer Pump Stations is costed as follows:-

Generator type Costs

Supply 175kva generator and power lead $41,000

Discussion and Comment Office The generators currently owned by Council are utilized in other areas. When an emergency occurs they may not be available to connect to the office. As the Emergency Backup Centre, a permanent installation would be recommended so the Centre can run and access is available to information if required. If there is a significant outage at Council offices, given the reliance on computers no work can be undertaken while the power is out. This may be at significant cost to Council as productivity is lost. It would seem in Council’s interest if it could be afforded that the 110kva generator be installed to alleviate this issue as well as provide for an effective secondary emergency centre. Sewer Wells To prevent a potential and ensure the township is able to cope with both no electricity and rain for an extended period of time a generator will need to be purchased to run the sewer wells. Recommendation 1. That Council purchases a 44kva generator and to be installed at the office permanently as an

emergency power supply for the Council Chambers and Emergency Backup Centre at a cost of $25,000.00,

2. That Council purchases the emergency generator from Sewer fund for the Mertin Street and Warraweena Street sewerage pumping stations at a cost of $41,000.00.

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ENVIRONMENTAL SERVICES REPORT

File No: W1.4

Report: 208/2013 Waste Regulation Submission

Responsible Officer: Dwayne Willoughby, Manager Environmental Services

Summary NSW Government is undertaking stakeholder consultation on proposed changes to two passages of legislation in parallel, that is, the (Waste) Regulation and the Extension of the Waste Levy (Section 88). For the non-regulated area of NSW, there is an interconnectivity of the effects of proposed changes to both pieces of legislation whereby any introduction of the levy to the non-regulated area will have a multiplier effect for operators of waste facilities should the proposed changes to the (Waste) Regulations be introduced. Should the Waste Levy not be extended to the non-regulated area, then the implications with the (Waste) Regulations will not be so pronounced. This point needs to be clearly understood by government and by those stakeholders most likely to be affected by the proposed changes. This response addresses the Environmental Protection Authority (EPA) preferred option for Land Pollution Offence contained within the (Waste) Regulations Regulatory Impact Statement (RIS) that will have a major effect on Bourke Shire Council. The cost burden of the proposed changes will be significant and the community’s capacity to pay will come under extreme pressure. Evidence supports the proposition that Bourke Shire Council has a small rate bases, a large geographical area, and significant travel distances between population centres, low household incomes and small population densities. All these factors combine to reduce affordability for Council in achieving the requirements of the proposed changes to the (Waste) Regulations. Council has submitted the attached submission to the EPA. Recommendation: For the information of Council

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File No: T1.5

Report: 209/2013 Bourke LEP 2012 Amendments

Responsible Officer: Dwayne Willoughby, Manager Environmental Services

Introduction Since the making of the Bourke LEP in January 2013 there have been some matters that have been raised that the Council wishes to have addressed. Bourke LEP Proposed Amendments The Council has requested a number of issues be investigated with the view to amending the LEP. Council’s consultant for the LEP, Ian Sinclair or Edge Land Planning has been asked to comment on the proposals as well as having found some issues that require rectification with the LEP. The issues raised by Council are outlined below along with Mr Sinclair’s comments:-

Large Lot residential in North Bourke. Land to the north of Hungerford Rd between

the village zone for North Bourke and the Airport has been a former orange orchard.

It is zoned as Primary Production. It was included in the Bourke Shire Strategy as

having potential for development. It would be appropriate to include this for a

change to Large Lot Residential with a 10 ha lot size.

Land along the Darling River at North Bourke. The land on the eastern side of the

Mitchel Highway at North Bourke between the highway and the Darling River has

been used for orchards in the past but these have now ceased. There are a number

of these lots that have dwellings on them but four (4) which are vacant. Requests

have been made to allow dwellings on these vacant lots. This is not considered to be

a major impact and should be discussed with the Department.

Allowing Secondary Dwellings –RU1 zone. The issue raised by the Council has more

to do with detached dual occupancies on rural land. This matter will have to be

discussed with the Department of Planning and Environment in detail but a

submission can be made. This would entail the new dwelling to be in the curtilage of

the existing dwelling, having the same access and electricity service as well as having

some limitations on the size of the second dwelling.

High St change to Village Zone. This land is to the north of the existing Bourke

residential area and is adjacent to the river. It is flood prone land and this would

mean it is not advisable to allow further dwellings in accordance with the NSW Flood

Prone Land Policy.

Light Industrial Zone Western End of town reverting to Residential. This land was

originally zoned to allow for the land to be used for industrial type businesses in

conjunction with dwellings to try to rejuvenate the area as it was not being used for

residential use. However, since then there has been requests to build more dwellings

for Aboriginal housing.

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Cemeteries being zoned as Special Purposes Zone. The cemeteries are zoned as rural

in the LEP however, in other Council areas they have been zoned as Special Purposes

zones. There is no real advantage to having them specifically zoned but it can be

raised with the Department.

Permitting Offices in Residential Zones. Offices are currently a prohibited use in the

residential zone and there has been some desire expressed to have them in the

zone. There are not any issues with this and it is supported.

Bourke LEP Flooding Clause. The flooding clause in the Bourke LEP when it was

exhibited had wording that allowed for the adoption of the 1:100 probability flood to

be the flood height for the construction of buildings and works. The DCP set this

flood as the 1974 flood, being the highest flood and Council’s ‘flood of record’. This

was the clause that was submitted to the Department after the exhibition. However,

this was changed to another clause by the Department to alter the definition of the

flood to be the Probable Maximum Flood. This is the highest flood and is higher than

that in the draft LEP. It is considered that the flood clause that was exhibited be

reinstated. It is noted that Council was not informed of this change and it is

considered to be a substantial change to the LEP and one which would require

exhibition.

Heritage Map of Bourke not showing the Darling River. The Darling River is a heritage

item in the LEP but the mapping of it for the town of Bourke map does not show this,

however, the rural map sheet surrounding Bourke shows it. This was a mapping

change done by the Department of Planning and should be rectified.

In summary, it is recommended that the following change be made to the Bourke LEP: Large Lot residential in North Bourke

Land between the Mitchell Highway and the Darling River at North Bourke.

Detached Dual Occupancies in Rural zones

Change light industrial zone in west Bourke to residential zone

Cemeteries to be zoned as Special Purpose zones

Permit offices in residential zones

Amend flooding clause to reflect the 1:100 flood and not the Probable Maximum

Flood

Amend heritage map to show the Darling River on the Bourke map sheet The process for amending the LEP is to prepare a Planning Proposal and to then submit this to the Department of Planning for their consideration. Once this has occurred and if it is supported, it will be placed on exhibition. Discussions are occurring with the Department with the view to sorting out the issues prior to preparing the Planning Proposal. It is anticipated that the planning proposal can be prepared for submission to the Department in July. Once the Department has responded, the planning proposal will be then exhibited. Council will be informed once the Department has responded to the Planning Proposal.

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This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 42 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

Recommendation: 1. That Council prepare a planning proposal to amend the Bourke LEP 2012 as follows:

Large Lot residential in North Bourke Land between the Mitchell Highway and the Darling River at North Bourke. Detached Dual Occupancies in Rural zones Change light industrial zone in west Bourke to residential zone Cemeteries to be zoned as Special Purpose zones Permit offices in residential zones Amend flooding clause to reflect the 1:100 flood and not the Probable

Maximum Flood Amend heritage map to show the Darling River on the Bourke map sheet

2. That delegated authority be given to the General Manager and Mayor to submit the Planning Proposal to the Department of Planning and Environment once it has been prepared

Page 43: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 43 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

GENERAL MANAGER’S REPORT

File No: L1.16

Report: 333/2014 Classification of Land as Operational Land

Responsible Officer: Ross Earl, General Manager

Background: Council has finalised the purchase of the North Bourke land which it acquired for further development and sale for residential purposes. This land is identified as follows:-

4 Castlereagh Street North Bourke Lot 7 Section 11 DP 758781

6 Castlereagh Street North Bourke Lot 8 Section 11 DP 758781

8 Castlereagh Street North Bourke Lot 9 Section 11 DP 758781

13 Castlereagh Street North Bourke Lot 4 Section 14 DP 758781

15 Castlereagh Street North Bourke Lot 3 Section 14 DP 758781

17 Castlereagh Street North Bourke Lot 2 Section 14 DP 758781

19 Castlereagh Street North Bourke Lot 1 Section14 DP 758781

10 Namoi Street North Bourke Lot 8 Section 14 DP 758781

14 Namoi Street North Bourke Lot 10 Section 14 DP 758781

11 Castlereagh Street North Bourke Lot 5 Section 14 DP 758781

6 Namoi Street North Bourke Lot 6 Section 14 DP 758781

8 Namoi Street North Bourke Lot 7 Section 14 DP 758781

Council has also recently finalised the purchase two blocks of land which it acquiring at the Section 713 Sale for unpaid rates. These two parcels of land are:-

9 Adams Street Bourke Lot 25 DP829041

12A Meek Street Bourke Lot 1 DP 1160158

In accordance with section 25 of the Local Government Act 1993 (LGA) land must be classified as either operational or community land. Section 31 of the LGA provides as follows

31 Classification of land acquired after 1 July 1993

(1) This section applies to land that is acquired by a Council after the commencement of this Division, other than:

(a) land to which the Crown Lands Act 1989 applied before the acquisition and continues to apply after the acquisition, and (b) land that is acquired for the purpose of a road.

(2) Before a Council acquires land, or within 3 months after it acquires land, a Council may resolve (in accordance with this Part) that the land be classified as community land or operational land.

Page 44: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 44 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

(2A) Any land acquired by a Council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land. (2B) While the land remains unclassified:

(a) the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and (b) the Council may not dispose of any interest in the land.

(3) A Council must not resolve under this section that land be classified as operational land if: (a) the land is classified as community land immediately before its acquisition, or (b) the resolution would be inconsistent with any other Act, the terms of any trust applying to the land or the terms of any instrument executed by the donor or transferor of the land.

It should be noted that the house purchased for staff housing located at 13 Moculta Street that this classification process was overlooked and as such that block of land will automatically be now classified as community land and subject to the any restrictions under that classification. As part of the review of the Local Government Act, it has been strongly indicated that the reclassification process will be simplified. Currently, if Council wished to reclassify the land to operational it would have to do so via an amendment to the Local Environmental Plan Current Situation: Section 34 of the LGA provides

34 Public Notice to be given of classification or reclassification by Council resolution

(1) A Council must give public notice of a proposed resolution to classify or reclassify public land. (2) The public notice must include the terms of the proposed resolution and a description of the public land concerned. (3) The public notice must specify a period of not less than 28 days during which submissions may be made to the Council. Financial Implications: The cost to Council for the classification of the land is limited to the cost of advertising and preparation of the various reports.

Page 45: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 45 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

Recommendation: 1. That Council advertise its intention to pass a resolution classify the following land

which has been purchased by Council as Operational Land.

9 Adams Street Bourke Lot 25 DP829041

12A Meek Street Bourke Lot 1 DP 1160158

4 Castlereagh Street North Bourke Lot 7 Section 11 DP 758781

6 Castlereagh Street North Bourke Lot 8 Section 11 DP 758781

8 Castlereagh Street North Bourke Lot 9 Section 11 DP 758781

13 Castlereagh Street North Bourke Lot 4 Section 14 DP 758781

15 Castlereagh Street North Bourke Lot 3 Section 14 DP 758781

17 Castlereagh Street North Bourke Lot 2 Section 14 DP 758781

19 Castlereagh Street North Bourke Lot 1 Section14 DP 758781

10 Namoi Street North Bourke Lot 8 Section 14 DP 758781

14 Namoi Street North Bourke Lot 10 Section 14 DP 758781

11 Castlereagh Street North Bourke Lot 5 Section 14 DP 758781

6 Namoi Street North Bourke Lot 6 Section 14 DP 758781

8 Namoi Street North Bourke Lot 7 Section 14 DP 758781

2. That in accordance with Section 34(3) of the LGA, Council consider any submissions received in relation to the proposed classification at the July meeting prior to resolving to classifying the land as operational

3. That Council note the need to amend the classification of 13 Moculta Street to Operational Land when the opportunity arises.

File No: A6.1

Report: 334/2014 Re-Establishment of an Air Service for Bourke

Responsible Officer: Ross Earl, General Manager

Background: The Minister for Western New South Wales Hon Kevin Humphries M.P and the Department of Premier and Cabinet (DPC) have been working on the feasibility of establishing an air service to service Bourke and Walgett and then linking back to Dubbo for connection to a regular service out of Dubbo. The service would be a triangular service. A considerable amount of work has been put into the project and while nothing has been formalised at this stage it seems to be progressing well with an intention to approach the market shortly for expressions of interest. Current Situation: Outcomes of DPC’s Review into Regional Air Services DPC has completed due diligence on the route business case to support the remote air services project. This includes up to six NSW Government agencies making a budget allocation and “take or pay” commitment for travel into the future. Transport for NSW is planning to engage with airlines in the next two weeks to assess their interest in the

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This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 46 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

Government’s strategic procurement package. Subject to a positive response to these market soundings, Transport for NSW may then initiate an Expression of Interest process. Investigation of the feasibility of introducing a subsidised program for air routes from Sydney to major regional centres in rural and remote Western NSW The NSW Government supports regional airlines via the regulation of routes with passenger numbers less than 50,000 per annum through the allocation of 5 year exclusive licences. In addition, the Government is seeking to provide a level of certainty on certain routes by making a “take or pay” commitment which will provide a baseline level of demand to support interested operators. The NSW Government considers this to be the most efficient and value for money option of attracting airlines to provide air services to small regional communities, and does not have plans to consider a program of subsidies. Seeking assistance to the review where possible DPC plans to explore the possibility of asking Local Government (Councils) and funded non-government organisations to sign a Memorandum of Understanding that they will use the NSW Government’s centralised booking system as a mechanism to further reduce risk for the NSW Government in making a “take or pay” commitment. The support and commitment by western Councils for this arrangement would contribute to the stability of a newly established air service, as would a range of other incentives, including a reduction in airport landing charges and similar. Financial Implications: If Council were to participate in the “take or pay” commitment there would be a cost, however, this cost has to be considered in light of the current situation where staff drive to Dubbo and catch a plane, or alternatively drive the whole way to Sydney. In both scenarios not only is there loss of productivity but also additional expenses incurred in accommodation and meals etc. As detailed above the viability of the proposed air services will be depend on the cooperation and assistance of a number of agencies, including Councils. As the users of the service Council could commit to a determined level of usage and also may consider assistance by way of reduced landing charges as detailed above. Any consideration of assistance by way of reduced landing charges would need to be a decision by Council. The consideration of reduced landing fees would need to be undertaken in line with anticipated increased maintenance costs for both the tarmac and terminal. Recommendation: 1. That the report be received and noted 2. That Council agree to participate in the “take or pay” commitment in line with

expected annual usage to be determined by the General Manager. 3. That Council consider any request for reduced landing fees on a case by case basis if

and when required.

Page 47: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 47 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

File No: S8.1-S8.3

Report: 335/2014 Proposal by the Department of Planning and Environment to Establish Draft Regions for Growth Planning in NSW

Responsible Officer: Ross Earl, General Manager

Background: The NSW Government has released new draft regions for growth planning in NSW. The Government says taking a fresh look at regions for growth planning allows them to consider how best to support growth and change across NSW, and deliver new Regional Growth Plans in the most efficient way. Current Situation: The state has been split in to 10 regions with Bourke being part of the Far West Region along with Brewarrina, Broken Hill, Walgett, Central Darling, Balranald, Cobar, Wentworth Councils and the Unincorporated area. The areas were determined based on evidence relevant to strategic planning including:-

Spatial patterns of population growth and migration

Relationships between major regional centres and neighbouring communities

The cross-border influence of adjacent regions in other states and territories

Shared economic, social and environmental opportunities and challenges

Current and long- standing working relationships between neighbouring Local Government areas and

Information and evidence from the Independent Local Government Review Panel A series of seminars has been scheduled to enable the further explanation of the concept with the Far West Regional Seminar being held in Wentworth on the 24th June and another scheduled for Dubbo for Orana Central West on the 19th June. The timing of the seminars has not been ideal for Council and with that in mind I have asked the Regional Manager if he could look to convene an additional seminar in this area and also have in attendance one of the demographers who may provide an insight into the compilation of the population projections. Submissions are due in relation to the proposed regions on the 25th July so the meeting would need be held prior to that date. I have provided a copy of the draft document under separate cover (email/mail) for Councillors information and within that document there are some questions to consider.

Page 48: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 48 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

1. How well do you think your community fits within the proposed regional grouping? 2. Do you think we have the right number and division of regions? 3. Do these regions strike the right balance between the need for big picture planning

for the region and the specific local needs of communities? 4. Do you think this new approach to Regional Growth Plans will encourage

communities to become more involved in regional planning? 5. What opportunities or challenges do you think these new regional groupings may

provide?

The Department of Planning and Environment is consulting with local Councils across New South Wales on the draft regions for growth planning, noting that partnering with Local Government is vital to effectively plan for our towns, cities and regions. The paper indicates that Local Government will be central to the development and delivery of Regional Growth Plans Financial Implications: No significant financial implications are identified at this stage. Recommendation: 1. That Council note the proposed establishment of new draft Regions for growth

planning in New South Wales. 2. Council review the proposed groupings with a view to ensuring that the grouping

in which Bourke is located reflects both a community of interest between members and suits the community of Bourke

3. That Council prepare a submission to the Department of Planning and Environment detailing their thoughts on the proposed regions.

4. That the General Manager continue to coordinate a meeting with the Officers from Planning and Environment to provide further information in respect of the proposal and also the criteria used by demographers in the compilation of population projections.

File No: S3.1.2

Report: 336/2014 Clarification in Relation to Mertin Street Well

Responsible Officer: Ross Earl, General Manager

Background Council recently called tenders for the construction of a new Sewer Pumping Station in Mertin Street. New South Wales Department of Public Works were contracted by Bourke Shire Council to prepare detailed specifications and call tenders for the replacement of the Mertin Street Sewer Pumping Station and the provide Council with a recommendation in relation to the preferred tenderer.

Page 49: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 49 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

Following consideration of all tenders received Council resolved to decline all tenders due to the fact that all tenders received were well outside the budgeted amount for the project and to enter into negotiations with the preferred tender as detailed in the recommendation from New South Wales Public Works. The reason for taking the decision not to call for fresh tenders was due to the fact that it was unlikely that process would result in a better outcome and issues related to risk, remoteness and construction which are better addressed through direct negotiation and / or cannot reasonably be adequately addressed in tender documents and that it was anticipated that significant savings could be made via this process

The resolution passed was generally in accord with the Clause 178 of the Local Government (General) Regulation 2005. Which is reproduced below for Councillors information. 178 Acceptance of tenders (1) After considering the tenders submitted for a proposed contract, the council must either:

(a) accept the tender that, having regard to all the circumstances, appears to it to be the most advantageous, or (b) decline to accept any of the tenders.

(1A) Without limiting subclause (1), in considering the tenders submitted for a proposed contract for the performance of domestic or other waste management services, the council must take into account whether or not existing workers (within the meaning of clause 170) will be offered employment or engagement on terms and conditions comparable to those applicable to the workers immediately before the tender was submitted. (2) A council must ensure that every contract it enters into as a result of a tender accepted by the council is with the successful tenderer and in accordance with the tender (modified by any variation under clause 176). However, if the successful tender was made by the council (as provided for in section 55 (2A) of the Act), the council is not required to enter into any contract in order to carry out the requirements of the proposed contract. (3) A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following:

(a) postpone or cancel the proposal for the contract, (b) invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details, (c) invite, in accordance with clause 168, fresh applications from persons interested in tendering for the proposed contract, (d) invite, in accordance with clause 169, fresh applications from persons interested in tendering for contracts of the same kind as the proposed contract, (e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender, (f) carry out the requirements of the proposed contract itself.

Page 50: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

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(4) If a council resolves to enter into negotiations as referred to in subclause (3) (e), the resolution must state the following: (a) the council’s reasons for declining to invite fresh tenders or applications as referred to in subclause (3) (b)-(d), (b) the council’s reasons for determining to enter into negotiations with the person or persons referred to in subclause (3) (e).

The resolution passed by Council is as follows:

1.1 That Council declines all tenders, as the amounts tendered were outside Councils budget provisions, in accordance with Clause 178(b) of the Local Government (General) Regulations.

1.2 That Council, in accordance with Clause 178(c) Council delegate the General Manager authority to enter into negotiations with the contractor recommended by the NSW Public Works with a view to entering into a contract with that company

1.3 That Council engages the NSW Public Works to review the specifications in and assist in the negotiations in relation to the proposed contact for refurbishment of the Mertin Street Sewer Pump Station.

There were two (2) typographical errors in the resolution the first being Clause 178(b) should have been 178(1)(b) and the second was 178(c) should have read 178(3)(e). In formulation the resolution Council also did not give regard to 178 (4) (a) which were as follows:

Re-tendering is unlikely to produce a significantly better outcome,

there are issues related to risk, remoteness and construction which are better addressed through direct negotiation and / or cannot reasonably be adequately addressed in tender documents and negotiations in relation to these are likely to result in significant saving.

The intent of the resolution is clear, however, needs to be amended to both reflect the typographical errors and the omission for the reason for not calling for fresh tenders. Recommendation: 1. That Council note the information received, the typographical errors and the omission

of the details relating to section 178 (4) (a) 2. That the resolution be amended as follows, 1. That Council declines all tenders, as the amounts tendered were outside Councils

budget provisions, in accordance with Clause 178(1)(b) of the Local Government (General) Regulations.

2. That Council not call fresh tenders for the following reasons A. Calling for fresh tenders is unlikely to result in a better outcome. B. There are issues relating to risk remoteness and construction which are likely to be

better addressed through direct negotiation and/ or cannot be adequately addressed in tender documents and negotiation in relation to these are likely to result insignificant savings.

Page 51: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 51 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

3. That Council, in accordance with Clause 178(3)(e) Council delegate the General Manager authority to enter into negotiations with the contractor recommended by the NSW Public Works with a view to entering into a contract with that company

4. That Council engages the NSW Public Works to review the specifications and assist in the negotiations in relation to the proposed contact for refurbishment of the Mertin Street Sewer Pump Station.

Page 52: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 52 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

CORPORATE SERVICES DEPARTMENT REPORT

File No: F1.1

Report:435/2014 Bank Reconciliation & Statement of Bank Balances

Responsible Officer: Leonie Brown, Manager Corporate Services

Bank Reconciliation for the period ending 31.5.2014

Balances as per Bank Statement 693,862.73

Plus: Deposit not shown 24,853.01

Less: Unpresented Cheques 36,143.75

Less: Unprocessed EFTPOS/Deposit 2777.00

Balance as per Cash Book 679,794.99

Reconciled Ledger Accounts as at 31.5.2014

Fund or Account Current Balance Overdraft Statutory Limit

General 5,262,502.05 200,000.00

Water 2,424,011.51

Sewer 2.145.751.00

Trust 130,702.55

Total Funds 9,962,967.11

Investments as 31.5.2014

National Australia Bank 1,009,369.87 3.77% 182 Days A1+

National Australia Bank 936,089.71 3.75% 182 Days A1+

National Australia Bank 504,561.65 3.7% 122 Days A1+

National Australia Bank 1,249,423.00 3.66% 90 Days A1+

National Australia Bank 778,601.77 3.67% 122 Days A1+

National Australia Bank 523,489.81 3.67% 122 Days A1+

National Australia Bank 1,018,893.43 3.64% 122 Days A1+

National Australia Bank 509,127.59 3.61% 123 Days A1+

National Australia Bank 600,000.00 3.57% 90 Days A1+

National Australia Bank 1,553,615.29 3.65% 183 Days A1+

National Australia Bank 600,000.00 3.65% 183 Days A1+

Total Investments 9,283,172.12

In accordance with Clause 212 of the Local Government Act (General) Regulation 2005 is certified that the above investments have been made under Sec 625 of the Local Government Act and Council’s Investment Policy. Reconciliation at 31.5.2014

Balance as per cash book 679,794.99

Investments 9,283,172.12

Total, equalling Reconciled Ledger 9,962,967.11

Page 53: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

This is page 53 of 115 of the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23

rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

Statement of Bank Balances as at 31.5.2014

Balance Transaction Balance

30.4.2014 31.5.2014

General Fund 3,017,575.71 2,244,926.34 5,262,502.05

Water Fund 2,417,035.43 6,976.08 2,424,011.51

Sewer Fund 2,140,026.60 5,724.40 2,145,751.00

Trust Fund 131,633.03 -930.48 130,702.55

Investments -8,064,673.11 -1,218,499.01 -9,283,172.12

Totals -358,402.34 1,038,197.33 679,794.99

Balance of all Funds as at 30.4.201 -358,402.34

Add Receipts for

(a) Rates 453,247.45

(b) Other Cash 3,253,247.06

Deduct payments for

(a) Paid since last meeting 1,449,798.17

(b) New Investment 1,218,499.01

Balance as at 31.5.2014 679,794.99

Recommendation: Council resolves that the Certificate of Reconciliation of the Cash Book for all funds of the Council and the Statement of Bank Balances as at 31.5. 2014 be noted.

Leonie Brown MANAGER OF CORPORATE SERVICES

File No: F1.1

Report: 436/2014 Investment Report as at 31st May 2014

Responsible Officer: Leonie Brown, Manager Corporate Services Introduction Under the Local Government Act 1993 and Local Government (General) Regulation 2005, the Responsible Accounting Officer is required to report on Council’s Investment portfolio on a monthly basis. Background The report is submitted monthly to Council Issues

Investments are in accordance with Division of Local Government Guidelines and Council’s Investment Policy

Statutory obligations are being met

Councillors roles as resource allocators and policy directors are satisfied

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This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

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Assessment 1. Legal Implications Including Directives and Guidelines

Local Government Act 1993 Local Government (General) Regulation 2005 The management of Council’s investments is delegated by the General Manager to the Manager Corporate Services.

2. Financial Implications/Consideration The original 2013/2014 Budget estimates the total investment revenue as $315,000 which represents an estimated return of 4%. This revenue is split proportionally across General, Water and Sewer Funds and changes on a monthly basis in accordance with cash flow requirements. During the March 2014 quarterly budget review this figure was increased to $380,000. The market value of Council’s Investments held as at 31st May 2014 is $9,283,172.12 Investment income earned as at 31t May 2014 is $362,380.

3. Policy Provisions – Council Policy and Procedure Policy 1.8.10 – Investment Policy adopted 28th May 2012. Ministerial Investment Order – 12th January 2011

4. Strategic Implications – Implications For Long Term Plans/Targets Funds are invested in accordance with identified cash flow requirements Investment Portfolio Council’s current Investment Portfolio is as follows

Term Deposits Investments as 31.5.2014

National Australia Bank 1,009,369.87 3.77% 182 Days A1+

National Australia Bank 936,089.71 3.75% 182 Days A1+

National Australia Bank 504,561.65 3.7% 122 Days A1+

National Australia Bank 1,249,423.00 3.66% 90 Days A1+

National Australia Bank 778,601.77 3.67% 122 Days A1+

National Australia Bank 523,489.81 3.67% 122 Days A1+

National Australia Bank 1,018,893.43 3.64% 122 Days A1+

National Australia Bank 509,127.59 3.61% 123 Days A1+

National Australia Bank 600,000.00 3.57% 90 Days A1+

National Australia Bank 1,553,615.29 3.65% 183 Days A1+

National Australia Bank 600,000.00 3.65% 183 Days A1+

Total Investments 9,283,172.12

Percentage of Total Portfolio 100% Average Investment Yield 3.66%

Page 55: Bourke Shire Council Agenda · 106/2014 Engineering 90 Notation 206/2014 Environmental 98 Notation 306/2014 General Manager 100 Notation 406/2014 Corporate Services 111 Notation 505/2014

This is the business paper for the Ordinary Meeting of Bourke Shire Council to be held on Monday, 23rd

June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

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rd June 2014 in the Council Chambers at 29 Mitchell Street, Bourke at 9.00am

Portfolio Performance The average 90 day BBSW (Bank Bill Swap Rate) as at the 31st May 2014 was 2.5% whilst the 11 am Cash Rate was 3.34%. Discussions/Comments The Investment portfolio increased by $1,218,499.01 during the period. The investment portfolio is invested in term deposits with the National Australia Bank. The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. The Government Guarantee on Investments up to $1 million dollars has now expired and the new cap of $250,000 has replaced the scheme. Certification – Responsible Accounting Officer I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy. Recommendation

1. That the report regarding Council’s Investment Portfolio as at 31st May 2014 be received and noted.

2. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

File No: C11.10-S6.29

Report:437/2014 Pecuniary Interest Returns - 2014

Responsible Officer: Leonie Brown, Manager Corporate Services

Background The purpose of this report is to remind Councillors and designated persons of the necessity to lodge Pecuniary Interest Returns. A Councillor or designated person holding that position on 30th June in any year must complete and lodge a Pecuniary Interest Return by 30th September in that year. The returns can be inspected by members of the public and assist in ensuring transparency and accountability in Local Government decision-making. The obligation upon Councillors and others to returns is as much a protection for them as it is to the community. Information and blank returns are included with your business paper. Recommendation That Council notes the information received in relation to Pecuniary Interest Returns.

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File No: L8.19

Report:438/2013 Local Government Information (Public Access) Act 2009 (NSW) (GIPA) Publication Guide 2013

Responsible Officer: Leonie Brown, Manager Corporate Services

Background Council is required to review Bourke Shire Council – Publication Guide – Government Information (Public Access) Act 2009. Detailed below is a copy of the reviewed Guide. Recommendation That Council adopts the amended Publication Guide and forward the Publication Guide to the Information Commissioner for approval.

Publication Guide – Government Information (Public Access) Act 2009 Preface The Government Information (Public Access) Act 2009 (NSW) (GIPA Act) replaces the freedom of Information Act 1989 (NSW), and introduces a new right to information system. The New system is focused on making government information more readily available. Section 6 of the GIPA Act makes it mandatory for agencies to disclose some information proactively and free of charge, unless there is an overriding public interest against disclosure. Section 20 of the GIPA Act requires agencies to develop and adopt a publication guide as part of their mandatory open access information. Council’s publication guide is a summary of what we do, how we do it and the type of information we hold and generate through the exercise of our functions, with a particular focus on how those functions affect members of the public. Structure and Functions Structure Bourke Shire Council is a Council constituted under Section 219 of the Local Government Act 1993. Section 220 provides that Council is a body corporate and Section 222 provides that the elected representatives called ‘Councillors’ comprise the governing body of the Council. About Council The Council is an undivided area with 10 Councillors. The mayor is elected each year by the Councillors from among their numbers. The role of the Councillors, as members of the body corporate are:

To direct and control the affairs of the Council in accordance with the Local Government Act and other applicable legislation

To participate in the optimum allocation of Council’s resources for the benefit of the area

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To play a key role in the creation and review of Council’s policies, objectives and criteria relating to the exercise of the Council’s regulatory functions

To review the performance of the Council and its delivery of services, management plans and revenue policies of the Council

The role of the Councillor is, as an elected person:

To represent the interests of the residents and ratepayers

To provide leadership and guidance to the community

To facilitate communication between the community and the Council The Mayor presides at meetings of the Council, carries out the civic and ceremonial functions of the office, exercises, in cases of necessity, the decision making functions of the body, between its meetings and performs any other functions that the Council determines. The Principal Officer of the Council is the General Manager. The General Manager is responsible for the efficient operation of the Council’s organisation and for ensuring the implementation of Council decisions. The General Manager is also responsible for the day to day management of the Council, the exercise of any functions delegated by the Council, the appointment, direction and where necessary, the dismissal of staff, as well as the implementation of Council’s Equal Employment Opportunity Management Plan. How Council Works To assist the Council in its policy decision- making role, the Council utilises a ‘committee system’ through which the majority of matters which need determination by Council are considered comprehensively. It has three standing committees: these being the Town and Village Committee, Roads and Plant Committee, Corporate Planning Committee. Functions Chapter 5 of the Local Government Act 1993 specifies the functions of the Council as follows: CHAPTER 5 – WHAT ARE COUNCIL’S FUNCTIONS This chapter specifies a Council’s functions. In doing so, it recognises that all functions of a Council come from statute, either from this Act or another Act. (s21) Functions under this Act A Council has the functions conferred or imposed on it by or under this Act. Note: This Act classifies certain of a Council’s functions as service that is non-regulatory (Chapter 6), regulatory (Chapter 7) or ancillary (Chapter 8). Ancillary functions are those functions that assist the carrying out of a Council’s service and regulatory functions. A Council also has revenue functions (Chapter 15), administration functions (Chapter 16 and 11, 12 and 13) and functions relating to the enforcement of this Act (Chapters 16 and 17). (s22) Other functions A Council has the functions conferred or imposed on it by or under any other Act or Law.

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Note: While the main functions of Councils are provided for under this Act, Councils also have functions under other Acts. An important general provision is contained in section 50 of the Interpretation Act 1987 which provides, in part:

(1) A Statutory corporation: (a) has perpetual succession; (b) shall have a seal; (c) may take proceedings and be proceeded against in its corporate name; (d) may for the purpose of enabling it to exercise its functions, purchase, exchange,

take on lease, hold dispose of and otherwise deal with property; and (e) may do and suffer all other things that bodies corporate may, by law, do and

suffer and that are necessary for, or incidental to, the exercise of its functions. (4)This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted. Some other Acts and some of the functions they confer include:

Community Land Development Act 1989 – planning functions as consent authority Companion Animals Act 1998 – companion animal registration and control Conveyancing Act 1919 – placing covenants on Council land Environmental Planning and Assessment Act 1979 – environmental planning Fire Brigades Act 1989 – payment of contributions to fire brigade costs and

furnishing of returns Fluoridation of Public Water Supplies Act 1957 – fluoridation of water supply by

Council Food Act 2003 – inspection of food and food premises Impounding Act 1993 – impounding of animals and articles Library Act 1939 – library services Protection of the Environment Operations Act 1997 – pollution control Public Health Act 2010 – inspection of systems for purposes of microbial control Recreation Vehicles Act 1983 – restricting use of recreation vehicles Roads Act 1993 – roads Rural Fires Act 1997 – issue of permits to light fires during bush fire danger periods

requiring the furnishing of information to the Rural Fire Service Advisory Council and its Co-ordinating Committee

State Emergency Service Act 1989 – recommending appointment of local controller Strata Schemes (Freehold Development) Act 1973 – approval of strata plans Strata Schemes (Leasehold Development) Act 1986 – approval of leasehold strata

plans Swimming Pools Act 1992 – ensuring restriction of access to swimming pools

The exercise by a Council of its functions under this Act may also be modified by the provisions of another Act. Some of those Acts and some of the modifications they affect include:

Coastal Protection Act 1979 – limitation on coastal development by Councils Environmental Offences and Penalties Act 1989 – forfeiture of Council functions to

person appointed by Governor

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Government Information (Public Access) Act 2009 – Council required to publish certain information and to grant access to certain documents

Heritage Act 1977 – rating based on heritage valuation Privacy and Personal Information Protection Act 1998 – Council required to amend

certain records that are shown to be incomplete, incorrect, out of date or misleading State Emergency and Rescue Management Act 1989 – Council required to prepare

for emergencies Unclaimed Money Act 1995 – unclaimed money to be paid to the Chief

Commissioner of Unclaimed Money (s23) Supplementary, incidental and consequential functions A Council may do all such things as are supplemental or incidental to, or consequential on, the exercise of its functions. In order to undertake its functions, Council has identified the following Principal Activities and Functions.

Principal Activities Functions

Administration Governance

Management Accounting Services

Financial Accounting Services

Human Resource Services

Information Technology Services

Administrative Services

Technical Support Services

Rates and General Revenue

Customer Services

Commercial Activity

Risk Management

Asset Services

Strategic Activities

Community and Social Consultation

RTA Agency

Depot Services

Works Services

Fleet Management

Economic Affairs Land Development

Tourism and Area Promotion

Special Projects

Economic Development

Community Development

Back O’ Bourke Exhibition Centre, PV Jandra, Crossley Engine

Saleyards and Markets

Industrial Development

Public Order & Safety Fire Protection

Animal Control

Emergency Services

Other Public Order and Safety

Abandoned Buildings

Health Environmental And Health Services

Environmental Support Services

Landuse Services

Other Health

Noxious Plants

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Community Services Aged and Disabled Services

Education

Youth Services

Other Community Services

Housing & Community Amenities Housing

Town Planning

Development Approval & Control

Domestic and Trade Waste Management Services

Street Cleaning

Urban Stormwater Drainage

Cemeteries

Community and Village Amenities

Environmental Protection

Water Supplies Bourke & Villages Water Supply

Sewerage Services Sewerage Services

Recreation & Culture Library Services

Community Centres

Public Hall

Sporting Grounds and facilities

Other Cultural Services

Public Facilities Bourke Olympic Swimming Pool

Recreational Facilities Parks, Gardens & Reserves

Mining, Manufacturing & Construction Construction and Building

Quarries & Gravel Pits

Transport & Communication Road Network

Town and Village Streets and Lane

Aerodromes

Footpaths and Cycleways

Traffic Management

Street Lighting

Kerbing and Guttering

Street Trees

Expanded details of Council’s Management structure, strategic direction, values, charter, principal activities and functions are available publicly in the current Delivery Program and Operational Plan. Effects of Council’s Functions on Members of the Public The table sets out a general description of the powers exercised by Council in the performance of its functions.

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A COUNCIL EXERCISES FUNCTIONS UNDER:

THIS ACT OTHER ACTS

Service Functions

Regulatory Functions

Ancillary Functions

Revenue Functions Administrative Functions

Enforcement Functions

Various Functions

Providing community health, recreation, education & information services

Environmental Protection

Waste Removal & disposal

Land & Property, industry & tourism development & assistance

For other functions, see Introduction to Chapter 6 LGA 1993

Approvals

Orders

Building Certificates

Resumption of land

Powers of entry

Rates

Charges

Fees

Borrowings

Investments

Employment of staff

Operational Plan and Delivery Program

Financial reporting

Annual Reports

Proceedings for breaches of the Act

Prosecution of offences

Recovery of rates and charges

See the Note to section 22 on page 5 of this document

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Public Participation in Policy Formulation Members of the community have an opportunity to participate in the formulation of Council’s policies and the exercising of its functions as follows:

Attending meetings of Council and most of its Standing Committees. Ordinary Meetings of Council are held on the fourth Monday of the month, except

November which is determined each year to coincide with the December meeting, December (when no meeting is held) and January is determined to coincide with Australia Day, June Meeting is determined to coincide with the adoption of the Delivery Program and Operational Plan. All Council meetings are open to the public and includes a public forum.

Committee meetings are held as required. The recommendations are submitted to the Ordinary Meetings of Council for consideration and adoption.

Making submissions for Council’s consideration in relation to the development of its Operational Plan and Delivery Program.

Making submissions, comments or objections to proposals relating to development, subdivision and building approvals in accordance with the requirements of the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979.

Voting at Local Government Elections and in Constitutional Referendums conducted by Council.

A Council may not do any of the following unless approval to do so has been given at a Constitutional Referendum:

Divide its area into Wards or abolish any Wards in its area. Change the basis on which the Mayor obtains office. Increase or decrease the number of Councillors in accordance with the Local

Government Act 1993. Change the method of Ordinary Election of Councillors for an area divided into

Wards or the voting system used in Council Elections. Documents held by Council The Government Information (Public Access) Regulation 2009 (NSW) requires that the following list of general documents held by Council are to be made publicly available for inspection, free of charge. The public is entitled to inspect these documents on Council’s website or from Council’s Administration Office during ordinary office hours or at any other place as determined by the Council. Any current and previous documents of this type may be inspected by the public free of charge. Copies can be supplied for a reasonable copying charge. Codes, Plans, Policies and Reports

Code of Conduct

Code of Meeting Practice

Any Codes Referred to in the Local Government Act 1993

Other Council Policies

Operational Plan and Delivery Program

EEO Management Plan

Social/Community Plan

Plans of Management for Community Land

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Payment of Expenses and Provision of Facilities to the Mayor and Councillor Policy

Annual Report

Annual Financial Reports

Auditors Reports

Annual Reports of Bodies Exercising Delegated Council Functions (available by contacting the Public Officer)

Departmental Representatives Reports presented at a meeting of the Council in accordance with section 433 of the Local Government Act 1993 (available by contacting the Public Officer)

Registers and Returns

Contracts Register (available by contacting the public Officer)

Land Register (available by contacting the Public Officer)

Roads Register (available by contacting the Public Officer)

Register of Investments (available by contacting the Public Officer)

Register of Delegations (available by contacting the Public Officer)

Gifts Register (available by contacting the Public Officer)

Returns of the Interests of Councillors, Designated Persons and Delegates (this document is available for inspection at Council’s Administration Office only, and not on the website, in accordance with the Information Commissioner’s guidelines)

Returns for Candidates’ Campaign Donations (available by contacting the Public Officer)

Council Use of Common Seal Register (available by contacting the Public Officer)

Register of Graffiti removal work kept in accordance with Section 67C (available by contacting the Public Officer)

Agendas, Business Papers and Minutes

Agendas and business papers for Council and Committee Meetings, not including business papers for matters considered when part of a meeting is closed to the public

Minutes of Council and Committee Meetings – if any part of a meeting is closed to the public then only the resolution and recommendations that were made are included in the minutes

Planning and Development Documents

Building and Development Applications under the Environmental Planning and Assessment Act 1979 and associated documents (available by contacting the Public Officer)

Records of Approvals Granted, any variation from local policies with reasons for the variation and decisions made on appeals concerning approvals (available by contacting the Public Officer)

Local Policies adopted by Council concerning approvals and orders (available by contacting the Public Officer)

Records of Building Certificates under the Environmental Planning and Assessment Act 1979 (available by contacting the Public Officer)

Plans and Land Proposed to be Compulsory Acquired by Council (available by contacting the Public Officer)

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Leases and Licences for the use of Public Land Classified as Community Land (available by contacting the Public Officer)

Environmental Planning Instruments, Development Control Plans and plans made under sections 94A and B of the Environmental Planning and Assessment Act 1979 that apply to land within Council’s area (available by contacting the Public Officer)

Copies of documents provided are given for information purposes only and are provided by Council to meet its requirements under relevant legislation. Copyright laws still apply to each document. The copy-right-owner’s consent is required if any part of the document is used for any other purpose. In addition, from time to time Council will make as much other information as possible publicly available in an appropriate manner, including on our website. The information will be available free of charge or at the lowest reasonable cost. Such other information includes frequently requested information or information of public interest that has been released as a result of other requests. Council will endeavour to release other information in response to an informal request, subject to any reasonable conditions as Council thinks fit to impose. However, notwithstanding the lodgement of an informal application, Council may require a formal access application to be submitted where the information sought:

Is of a sensitive nature that requires careful weighing of the considerations in favour of and against disclosure, or

Contains personal information about a third party that requires consultation, or

Would involve an unreasonable amount of time and resources to produce Exemption to Access Council may refuse a request for information if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of Council’s resources. Council will always explain to the applicant its reasons for applying an exemption. Council will not classify information as exempt unless there are clear reasons for doing so. Where documents contain certain information, any remaining information contained within the requested document will be available under the Act. In determining whether there is an overriding public interest against the disclosure of the information, Council will fully consider the Public Interest Test. The GIPA Act provides an exhaustive list of public interest considerations against disclosure. These are the only considerations against disclosure that Council will consider in applying the public interest test. Considerations are grouped under the following headings:

Responsible and effective government

Law enforcement and security

Individual rights, judicial processes and natural justice

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Business interests of agencies and other persons

Environment, culture, economy and general matters

Secrecy provisions (legislation other than those listed in schedule 1)

Exempt documents under interstate Freedom of Information legislation In applying the public interest test, Council will not take into account

That disclosure might cause embarrassment to, or loss of confidence in, the Council

That any information disclosed might be misinterpreted or misunderstood by any person

Council will consider any submissions made by an applicant in relation to public interest considerations, as well as any factors personal to the applicant. Under GIPAA there are 12 categories of information, eight of which appear to affect Local Government, for which there is a conclusive presumption of an overriding public interest against disclosure. These eight are:

1. Information subject to an overriding secrecy law (26 specifically named Acts) 2. Information subject to direction or order of a court or other body with the power to

receive evidence in oath 3. Information subject to legal professional privilege 4. ‘Excluded Information’ (judicial and prosecutorial information, information about

complaints handling and investigative functions, competitive and market sensitive information in relation to specific functions of the Public Trustee

5. Documents affecting law enforcement and public safety 6. Specific information relating to transport safety 7. Specific reports concerning the care and protection of children 8. Specific information relating to Aboriginal and environmental heritage

Generally under GIPAA, Council must not publish and must refuse requests to disclose information in the above categories. Formal applications for ‘excluded information’ are invalid under the Act. In dealing with informal applications Council may apply similar decision making framework. How Members of the Public May Access and Make an Application. Access to Council documents may be obtained by searching Council’s website at www.bourke.nsw.gov.au to see if the information is already available or by contacting Council’s Administration Office 29 Mitchell Street Bourke between 8am and 4.30pm on 02 68308 000 or Fax: 02 68723 030 Monday to Friday. If the documents required are not available on the website email Council at [email protected] or contact Council’s Administration Office on (02) 68308 000. If you ask for records or documents and you are not able to obtain them, you may apply for them under the Government Information (Public Access) Act 2009 (NSW) by:

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Completing a GIPA Application Form downloadable from Council’s website. If you cannot download this form you may obtain a copy from Council’s Administration Office.

Present the form and the appropriate fee (if applicable) to Council’s Administration Office, 29 Mitchell Street, Bourke.

If a fee for photocopies of documents provided under GIPA Act is payable, it will be listed in Council’s adopted Fees and Charges and is GST inclusive. Further details of procedures and fees are detailed in the Government Information (Public Access) Act 2009 (NSW) or may be obtained from Council’s Administration Office. Arrangement can be made for amendments to records concerning personal information of members of the public by contacting Council’s Public Officer. For further information about the GIPA Act you may contact Office of the Information Commissioner NSW Level 11/1 Castlereagh Street Sydney NSW 2000 Phone: 1800 463 626 Fax: 02 814 3756 Email: [email protected] Website: www.oic.nsw.gov.au

File No: E1.4-A11.2.21

Report: 439/2014 Development of Pre School

Responsible Officer: Leonie Brown, Manager Corporate Services

At the May Council meeting Councillor’s resolved:

210/2014 That Council commit to rebuilding a purpose built preschool facility in conjunction with the BDCS on the Gorrell Avenue site with the draft plans to be submitted by 15th June 2014. Moved Cr Ford Seconded Cr Bartley Carried

Council staff have been working with the Bourke and District Children’s Services (BDCS) and Barnson’s Architects to develop a concept design and draft plans to be presented to the June Council meeting. Draft plans are enclosed that satisfy the requirements of BDCS and licensing requirements and ensure that the facility is built within the value of insurance received by Bourke Shire Council for the Hope Street facility. A copy of the plan is enclosed for Councillors information and discussion. The plan includes:

- Two (2) class rooms with the ability to be divided depending of student numbers. - Unencumbered floor space sufficient to allow for the expansion to 39 places for

children up from the current 29. - Craft sink within the classrooms and bag storage areas for the children to meet

current practices. - Children’s toilet and shower facilities to meet Pre School regulations within view of

room supervisors.

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- A sign in foyer area with view open from classroom 2. - A Directors office within the building which is a Pre School regulation. - A small consulting room to allow for specialists to meet with Children and parents

within a known environment. This area has been kept to a minimal area. - A staffroom to cater for the up to six (6) staff that would work over at the Pre School

once numbers increase to 39. Note that the staff room doubles as office space for these staff with a workstation to one end.

- Sufficient file storage for Children’s records that must be kept on site. - Kitchenette that doubles for the Children’s needs and staff needs. - Laundry and staff facilities as per Pre School regulations. - To assist with lighting the roof line and windows open to the North into the main

classroom areas. - A veranda facing the existing play area will ensure maximum supervision and an

open feel. It is expected that the Pre School would be built on the ground to take away the need for stairs and ramps and that the building would be built on a ground slab with a combination of brick and timber construction with a colour bond roof. Depending on the final price the covered walkway from the new building to the existing building is not part of the Council’s scope of works. The floor area for the design show is 301m² internal with a veranda and porch area of 57m². Cost estimates based on Rawlinson’s Construction estimates are:-

301m² by $2,176 $654,976

57m² by $800 $45,600

Total $700,576

Barnson’s have confirmed that they believe that the estimated figure is more than adequate for the construction of the building and that this is based on previous recent experience with the construction of Pre Schools in Western New South Wales. The insurer payout is $736,032. While the size of the new building may be able to be reduced slightly by sharing the kitchen and laundry with the existing building it would mean that additional staff would be required at times when staff were off the site. Where practical the new building is designed as a standalone facility so that if circumstances change with BDCS a Pre School facility can remain licenced. Recommendation: 1. That Bourke Shire Council staff continue to prepare plans and tender documents

for the new Pre School as outlined by Barnson in drawing number 21629-A01. 2. That once plans and tender documents are completed that Bourke Shire Council

tender the construction of the new Bourke Pre School. 3. That Council be kept up to date with progress and planning as it continues.

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MANAGER TOURISM & DEVELOPMENT REPORT

File No: P1.24

Report: 508/2014 Skate Park Construction Update

Responsible Officer Phil Johnston, Manager Tourism & Development

Update The successful tender for the development, design and construction of the Bourke Skate Park was awarded by Council on the 24th March 2014. Services INC Pty Ltd were the successful tenderer. Since the contract was awarded works have continued on the development and design stages of the Skate Park which led to the lodgement and approval of construction details on the 10th June 2014. Progress Since early June Council staff have been consulting with Red Dust Designs in relation to the landscaping and the plans for the landscape are now at a draft stage and will be finalised over the coming week. The initial design is enclosed for Councillors information. The design takes into account the need to keep an open aspect to the Skate Park as well as make consideration for seating, mounding to the skate elements, paths and its location next to the playground. CCTV will also be installed in the park prior to 30th June 2014. Budget No changes to the budget have been made since the May report. Next steps With the finalization of the design stage of the development of the Skate Park construction has commenced. This progress is outlined below.

Step Expected completion

Finalise design 5th June 2014- completed

Construction details lodged with Council 10th June 2014- completed

Construction to begin 17th June 2014. Approx. 6 week build.

Landscaping/ installation of seating From 15th August 2014

Recommendation That the update in regards to the development of the Bourke Skate Park as presented to the Council on Monday, 23rd June 2014 be received and noted.

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File No: B12.1- H2.1

Report: 509/2014 Proposed Changes to Bourke Court House

Responsible Officer: Phil Johnston, Manager Tourism & Development

Bourke Shire Council is in receipt of a copy of an application under Section 60 of the Heritage Act for works at the Bourke Court House in Richard Street. The proposal is for ‘upgrade works to provide equitable access and new secure prisoner transfer, including new public ramp in Oxley Street and upgrade of public toilets to provide access to ambulant toilets, upgrade of staff toilets and kitchen, modifications to selected doorways to ensure compliant widths, reconstruction of set down registry counter, new registry fit out and new secure prisoner containment area’. When a place is listed on the State Heritage Register or affected by an interim heritage order, the approval of the Heritage Council of NSW is required for any major work. As such the Heritage Council has asked for Council’s comment on the submission so that the application may be fully considered. As the works will alter the appearance of this State listed building it is appropriate for Councillors to discuss the issue and offer comment to the Heritage Office.

A copy of Heritage Council’s letter has been forwarded under separate cover.

A copy of Council’s Heritage Advisors Report has been forwarded under separate cover. The letter call for Council’s response and/or submission by the 25th June 2014,

Recommendation: 1. That Council consider the letter detailing plans of the proposed works at the Bourke

Courthouse. 2. That Council indicate to the Heritage Council the view of Council as requested.

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DELEGATES REPORT

File No: L 8.5

Report: 602/2014 Western Division Workshop, Delegates Report

Responsible Officer: Leonie Brown, Manager Corporate Services

Report Carrathool Shire Council hosted a workshop on Tuesday June 10 to explore and determine the future of the Western Division Group of Councils. Approximately 18 delegates attended, representing Council’s from Walgett, Cobar, Lachlan, Wentworth, Brewarrina, Balranald, Carrathool, Bourke and Broken Hill. Central Darling attended as observers only. Bourke Council was represented by Manager Corporate Services. The Workshop was facilitated by Graeme Fleming with the purpose of the workshop to build on the successful work of the Western Division Group of Councils. Graeme opened the discussion with a summary from a number of key persons involved with Local Government:

Paul Toole Minister for Local Government - NO change was not an option,

Ross Woodward Chief Executive Office of Local Government o Council’s cannot keep going the way they are, o Leadership needs to come from Councils to give the Departments something to

work with

Bill Gillooly Chief Executive Local Government NSW o something has to change, o Council set the direction and o T-Corp report is a significant issue.

Among the issues discussed was the future direction of Western Division and ensuring that it remains both a representative organisation and an effective voice and lobby group for all members. With this in mind a summit is proposed to be held in October of this year at which all Ministers whose portfolio have a strong linkage to the Western Division Councils will be invited to attend. Also discussed was the sustainability reviews undertaken by T-Corp. T-Corp have been asked to conduct a forum for Western Division Councils to detail the methodology use by T-Corp in their assessments plus provide the opportunity for the Western Division Council’s to articulate the issues relevant to Councils in this part of the State. This forum is now proposed to be held in July. All Councils showed a strong resolve to remain as they are currently constituted and whilst not supportive of the proposed Western Regional Authority in its current proposed form would like the opportunity to review a model with a primary focus on improved service delivery.

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Cost shifting again remains a significant issue with many Councils in the Western Division assisting in the provision of services that should be the domain of the other tiers of Government. Recommendation That Council note the Delegates Report from the Western Division Workshop held at Hillston on 10th June 2014.

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POLICIES

File No: P4.1.4

Report: 803/2014 Review of Policies – Investment Policy 1.8.10(V4)

Responsible Officer: Ross Earl, General Manager

Background Council has been undertaken a systematic review of all its policies reviewing those which have been developed previously and developing new policies as voids are identified The existence of clear policies, provide both, the staff and the public clear guidelines and/or the requirements of Council. Current Situation The draft Investment Policy has been reviewed by the MANEX team and is now placed before Council for review and adoption, subject to any identified amendments. Financial Implications No significant financial implications are anticipated. Following the Global Financial Crisis in 2007 the then Department of Local Government issued a Ministerial Investment Order which in effect regulates the way in which Councils can invest and the ratings applicable to those investments. The policy aims at maximising Councils return but at the same time ensuring the protection of Council’s capital. Recommendation: That Council adopt the Investment Policy labelled 1.8.10(V4) as presented to the Ordinary meeting of Bourke Shire Council on Monday, 23rd June 2014.

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SECTION 1 Service Management PART 8 Financial Accountability

POLICY NO: 1.8.10 (4)

POLICY TITLE: INVESTMENTS

DATE ADOPTED: 28/05/2012

RESOLUTION NO: 242/2012

SUPERCEDES: Policy No:1.8.10(v2) Investments Date Adopted: 29/11/2010 Resolution No: 485/2010

PROPOSED REVIEW DATE: 24/09/2013

POLICY 1. OBJECTIVES

To undertake investment of surplus funds in line with Council’s current Investment Strategy.

To maximise earnings from authorised investments and ensure the security of Council Funds. 2. AUTHORITY FOR INVESTMENT All investments are to be made in accordance with:

Ministerial Investment Order: issued 12/01/2011 Attachment A

Local Government (General) Regulation 2005 Attachment B

Local Government Act 1993 Attachment (C)

Local Government Code of Accounting Practice and Financial Reporting Austral ian Accounting Standards

Office of Local Government Circulars as applicable

Trustee Act 1925 3. DELEGATION OF AUTHORITY The General Manager, Manager of Corporate Services and Senior Finance Officer or other persons as authorised by the General Manager will have authority to invest surplus funds. PRUDENT PERSON STANDARD The investment will be managed with the care, diligence and skills that a prudent person would exercise. As trustees of public monies, officers are to manage Council’s investment portfolio to safeguard the portfolio in accordance with this Investment Policy and not for speculative purposes.

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ETHICS AND CONFLICT OF INTEREST Officers shall refrain from personal activities that would conflict with the proper execution and management of Council’s investment portfolio. The Policy requires officers to disclose any conflict of interest to the General Manager. 4. AUTHORISED INVESTMENTS The Officers delegated authority to manage Council’s Investment is limited to investments allowed by the Ministerial Investment Order noting the following:

All investments must be denominated in Australian Dollars. Authorised Investments would include but not necessarily be limited to:

Local/State/Commonwealth Government Bonds, Debentures or Securities;

Interest bearing deposits/securities issued by an authorised deposit taking institution Investments with NSW Treasury Corporation

Bills of exchange, (< 200 days duration), guaranteed by an authorised deposit taking institution

NSW Treasury Corporation

PROHIBITED INVESTMENTS This investment policy prohibits any investment carried out for speculative purposes including but not limited to:

Derivative based instruments

Principal only investments or securities that provide potentially nil or negative cash flow; and

Standalone securities issued that have unclarifying futures, options, towards contracts and swaps of any kind

This policy also prohibits the use of leveraging (borrowing to invest) of an investment or investments that are themselves leveraged. EXPLANANTIONS AND PROCEDURES

1. TYPES OF APPROPRIATE MANAGED FUNDS Cash funds invest solely in cash and bank bills, but offer much greater flexibility than Council investing in bills direct (which are held to maturity), since they offer immediate access to funds at all times with no penalty. Both Rated and Unrated Cash-Plus funds invest primarily in bank bills and floating rate notes and only make strategic entry into longer term government securities when appropriate to enhance returns. They aim to outperform bank bills over a 6-12 month time horizon and should primarily be used for Council’s longer-term “core” investments. Access to funds is still normally available within 24 hours at no penalty.

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2. APPROVED INVESTMENTS WITH FUND MANAGERS WOULD INCLUDE: Fund Type Minimum Investment Time

Horizon

Maximum Exposure as % Total Investment Portfolio

Cash Funds (at call) Cash Plus/Cash Enhanced Funds/or Equivalent

0 – 180 days

3 – 12 months

0 – 100 0 - 90

The asset structure and features of the fund are to be consistent with the desired outcomes of Council’s Investment Strategy. 3. COUNCIL’S DIRECT INVESTMENTS

(i) Quotations in Investments No less than three quotations shall be obtained from authorised institutions when an investment is proposed and will be authorised by two signatories. (ii) Term of Maturity The term to maturity of any of Council’s direct investments may range from “at call” to twelve (12) months, for a term which best suits the cashflow requirements of Council. Council is specifically to approve if outside these terms.

4. GENERAL PROCEDURE GUIDELINES FOR DIVERSIFICATION/CREDIT RISK

i. Managed Fund Investments The total amount invested with any one fund manager should not exceed 45% of average annual funds invested by Council.

ii. Direct Investments The amount invested with any one financial institution should not exceed the following percentages of average annual funds invested by Council.

Long Term Rating (Standard & Poors)

Short Term Rating (Standard & Poors)

Maximum Percentage of Total Investments

AAA to AA- A1+ 100%

A+ to A- A1 45%

(iii) Credit Ratings If any of Council’s investments are downgraded such that they no longer fall within these investment policy guidelines, they will be divested as soon as is practicable.

5. PERFORMANCE BENCHMARKS

Investment Performance Benchmark

Cash / Cash Plus / Direct Investments 11 AM Cash and Rate

Direct Investments AFMA BBSW Rate: Average mid – 90 days Bank Bill Index

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AFMA – Australian Financial Markets Association BBSW – Bank Bill Swap 6. REPORTING Documentary evidence must be held for each investment and details therefore maintained in an Investment Register. The documentary evidence must provide Council legal title to the investment. A monthly report is to be provided to Council, which complies with the requirements of the Local Government Act, Regulations and Code of Accounting Practice and details performance and counterparty percentage exposure of total portfolio.

The report should also detail investment income earned versus budget year to date. For audit purposes, certificates must be obtained from the banks/fund managers confirming the amounts of investment held on Council’s behalf at 30th June each year. All investments are to be appropriately recorded in Council’s financial records and reconciled at least on a monthly basis. 7. VARIATION TO PROCEDURE The General Manager or his delegated representative is authorised to approve variations to these procedures if the investment is to Council’s advantage and/or due to revised legislation. The Investment Policy will be reviewed at least annually and any amendments to the Investment Policy must be by way of Council resolution. All changes to these procedures are to be reported to Council within 21 28 days. 8. INVESTMENT STRATEGY Council’s current investment strategy provides that Council Officers invest any surplus funds. Individual investments are selected, involving staff time, to ensure access to cash on a rolling monthly basis. 9. INCONSISITENCIES OF POLICY OR PROCEDURES If there are any aspects in which this Council Policy is inconsistent with the Office of Local Government Policy Guidelines of May 2010, and any subsequent relevant Local Government policies, the Office of Local Government Policy Guidelines are to apply. RELATED POLICIES There are no related Council Policies. Variation Council retains the right to review, vary or revoke this policy at any time. The General Manager has the right to review or vary these procedures. Presented to MANEX on: 11/06/2014 Policy adopted by Council:

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File No: P4.1.4

Report: 804/2014 Review of Policies – Complaints Policy - 1.15.2(V3)

Responsible Officer: Ross Earl, General Manager

Background Council has been undertaken a systematic review of all its policies reviewing those which have been developed previously and developing new policies as voids are identified The existence of clear policies, provide both, the staff and the public clear guidelines and/or the requirements of Council. Current Situation The draft Complaints Policy has been reviewed by the MANEX team and is now placed before Council for review and adoption, subject to any identified amendments. Financial Implications No significant financial implications are anticipated. Recommendation: That Council adopt the Complaints Policy labelled 1.15.2(V3) as presented to the Ordinary meeting of Bourke Shire Council on Monday, 23rd June 2014.

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SECTION 1 Service Management PART 1.15

POLICY NO: 1.15.2(v3)

POLICY TITLE: Complaints Policy

DATE ADOPTED: 23/06/2014

RESOLUTION NO:

SUPERCEDES: Complaints Policy 1.15.2 Adopted: 24/10/2005 Resolution No: 462/2005

PROPOSED REVIEW DATE:

POLICY Policy Objectives: To provide the community with a method of making complaints, which is consistent, transparent and accountable; also, to provide Council with the means to identify areas which need improvement. Policy Statement: Bourke Shire Council seeks to measure and monitor its service to provide residents with the best possible service. What is a complaint? A complaint is an expression of dissatisfaction with a decision (outside of a structured process), level or quality of service, or behaviour of an employee, Councillor or agent, which can be investigated and acted upon. What is not a complaint A request for service (unless there was no response to a first request for service) A request for information or an explanation of a policy or procedure Disagreement with a policy or lawfully made decision An appeal against a decision, other than that made as the result of a complaint. Why are complaints valuable? Complaints give Council an opportunity to identify and resolve issues of concern to members of the community. Complaints may bring to the Council's attention issues regarding: an administrative decision making process or procedure the conduct of a member of Council staff the conduct of another resident in a matter before Council the delivery of Council services timeliness to take appropriate action on a request facilities and resources available; and discrimination and/or harassment of a complainant or group of complainants on the

basis of their age, gender, race, country of origin, sexuality, marital status, pregnancy,

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disability, transgender, medical record, religion, criminal record, political belief or union activity.

What are Council's commitments? Bourke Shire Council is committed to: -

Providing an accessible complaints system Listening to what the resident has to say Seeking to understand what the resident wants Respecting the resident's integrity Giving an explanation Considering all aspects of the complaint including possible solutions and the

impact of the solutions on other members of the community Taking action, if required, within a reasonable time, and keep the complainant

informed. How should complaints be treated? Confidentiality will be given to complaints according to the principles in the Privacy and Personal Information Protection Act (NSW) 1998. Wherever possible complaints are resolved and reviewed locally and have the fewest people necessary involved. Complaints are treated confidentially and information is only used for the purposes for which it was collected unless;

o either the consent of the individual(s) is obtained o Council has reasonable grounds for believing the use of the information will reduce a

threat to the life or health of any person, or o the use is authorised by law;

How do we receive complaints? Council may receive complaints through the;

internet, where the complaint will be registered and directed to the appropriate person

mail, through Customer Service, will be registered and directed to the appropriate person, or

in person, by using the Complaint Form (Appendix A) which will then be registered and directed to the appropriate person.

What are our deadlines? Complaints are handled in a timely manner with achievable deadlines clearly stated for each stage in the resolution of a complaint. In order to comply with recommendation by the Ombudsman, Council's performance standard for responding to a complaint is that it will be acknowledged within 10 working days, and answered in approximately 28 days. Where a complaint is complex, technical or requires additional time to search for the required information, we will negotiate with the resident to review the timeframe for the response.

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The time taken to resolve a complaint is one of the measures of the success of Council's ability to effectively resolve complaints. Perceived unnecessary delay is usually the single biggest complaint made about the complaints process. What statistics will be kept? Statistical information will be reported to Directors monthly and to the General Manager quarterly. A report will also be presented to Council quarterly. The report will consist of the number of complaints received in service areas, the number of complaints attended to and the number of complaints outstanding. What will be done with the Information? The statistical information will be used to identify areas/services/procedures that need review or that may need additional resources to provide the required level of service to our residents. In the case of compliments about our service or our staff, we will use that information to reward our staff, through the celebrating Success initiative as well as identify what works well so that we may use those principles in other areas. What is transparency? Transparency means that the process used to handle and resolve complaints is fair and is seen to be fair. This principle refers to the way in which policies and procedures are made clear, visible and comprehensible to all those using them. Nothing should occur that could not easily be explained to any party to a complaint. Whether making a complaint, being complained about, or witness to an investigation, everyone should understand how information will be used; the role of all those involved in handling the complaint or playing any part in the process, and their own rights and responsibilities. Council seeks to deliver transparency in the decision making process. It means that resolutions or other decisions should always be accompanied by an explanation of the process used to make the decision and the reason why the decision was reached. What is Natural Justice? The following principles have been identified by the Human Rights and Equal Opportunity Commission and are required to be addressed and implemented by Council: Whoever is the subject of concern must know all the allegations in relation to their

behaviour; All parties to the complaint must have the right to be heard All relevant submissions and evidence must be considered Matters which are not relevant must not be taken into account The person who makes the complaint must not determine the matter The decision-maker must be fair and just.

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How will we handle complaints? Our policy to handle complaints will be to use a set of procedures which contain the following elements: 1. It is a user-friendly system for accepting resident feedback. 2. Clear delegations and procedures for staff to deal with complaints and provide

remedies. 3. Staff must follow clear referral steps if the matter cannot be resolved by the initial

review. 4. A procedure and forms for recording, monitoring and providing feedback to the

complaint. 5. Performance standards are in place for response times and the quality of Council's

response. Exploration of options and consequences It is our policy to explore all of the options available with the complainant to avoid one the most common, and most easily preventable, complaint handling problems - unintended consequences. Complainants who are abusive or vexatious Any interaction with members of the community where personal abuse or vulgar language is used, the communication may be terminated immediately by the employee. If face to face, the employee should walk away. If on a telephone, the employee will terminate the call. If in email, it may be blocked. If in correspondence, it will be returned to the sender and not acted upon. In the case of a vexatious complaint, that is, a complaint without substance, it will be recorded in the Complaints Record System but no further action will be taken. RELATED POLICIES VARIATION Council has the right to review, vary or revoke this policy. The General Manager has the right to review or vary these procedures Presented to MANEX on: 11/06/2014 Policy adopted by Council on:

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CUSTOMER FEEDBACK COMPLIMENTS, COMMENTS & COMPLAINTS FORM

We want to know if you are happy or unhappy with any part of our service or if you simply have a comment or suggestion about the service. This form may be completed and placed in the box provided in the reception area or mailed confidentially to the above address. Date: Name: (optional) Phone: (optional) Address: (optional) Department consulted: Details of Compliment / Comments / Complaint (please circle type) Do you require a written response? Yes / No Signature: (optional) Action taken by Administration:

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PRÉCIS OF CORRESPONDENCE

File No: A3.3-L4.1-G4.5

Report: 923 /2014 Funding for NSW Public Libraries

Author: Troy Grant, MP – Minister for Hospitality, Gaming & Racing , Minister for the Arts

Thanking Council for their letter regarding funding for NSW Public Libraries and advising that he is aware of stakeholder views on the need for increased support for Local Government Public Libraries. Recommendation: That the information from Troy Grant, MP Minister for Hospitality, Gaming & Racing, Minister for the Arts regarding Funding for NSW Public Libraries be noted.

File No: A3.3-A6.1

Report: 924 /2014 Bourke Airport

Author: Lynette Dunn, Bundong Station - Coolabah

Writing to Council to show appreciation for the lovely area at the Nancy-Bird Walton Terminal and for the condition of the airstrip, for which she considers to be a credit to Council. Recommendation: That a letter of thanks be sent to Mrs Dunn and a copy of this letter be distributed to all staff involved in the upkeep of the airport.

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BOURKE SHIRE COUNCIL

Activity Reports

Council Meeting, Monday, 23rd June 2014

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ENGINEERING SERVICES DEPARTMENT ACTIVITY REPORT

The following information outlines works completed between the 16th May 2014 to the 6

th of June 2014.

File No: E7.1

Report: 106/2014 Works Completed

Responsible Officer: Scott Parnaby / Roads Supervisor

1. NORTH SECTOR – Dennis Tiffen, Team Leader

Location Work Carried Out

HWY 7N SEG 3790,3795, 3800 Bourke to Barringun Widening in Progress

HWY 7N SEG 3790,3795, 3800 Bourke to Barringun Slashing Completed

2. SOUTHWEST SECTOR – John Reed, Team Leader

Location Work Carried Out

MR 405 Bourke to Wanaaring Top Grade in Progress

Gumbalie By-Wash Bridge Bridge approaches Completed Cart Aggregate In Progress

3. TRANSPORT SECTOR – Jack Weilinga, Team Leader

Location Work Carried Out

HWY 7N SEG 3790,3795, 3800 Bourke to Barringun Widening in Progress

HWY 7N SEG 3790,3795, 3800 Bourke to Barringun Slashing Completed

HWY 7N SEG 3790,3795, 3800 Bourke to Barringun Cart Aggregate In Progress

HWY Reseals Cart Aggregate In Progress

North Bourke Sub Division Blocks Cleaning And Clearing in Progress

4. BITUMEN MAINTENANCE SECTOR – John Bartley, Team Leader

Location Work Carried Out

Bourke Township Pothole patching Town Streets

All State Highways Pothole patching undertaken

All State Highways Slashing in Progress

MR 405 Bourke - Wannaaring Pothole patching Completed

Gumbalie By-Wash Bridge Cart Aggregate In Progress

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5. PARKS & GARDENS – Terry Rankmore, Team Leader

Location Work Carried Out

General All parks and gardens regular mowing and maintenance carried out Sporting grounds mowed Sporting grounds facilities cleaned and maintained Public Toilets cleaned and maintained General graffiti removal carried out on Council Facilities

Small Plant Maintenance and service carried out on all ground plant

Works Requests Actioned and ongoing

1 Tudor St General maintenance carried out

Wharf Mow and Maintain Grounds

Renshaw Complex Grounds facilities cleaned and maintained Open & Close facilities for Defence Force

Coolican Oval Mow and Maintain Oval

Davidson Oval Mow and Maintain Oval Open facilities for schools

Villages Mow grounds and facilities cleaned and maintained

Training Nil

6. BUILDING SERVICES – Jake Tiffen, Team Leader

Location Work Carried Out

Work Requests Actioned and ongoing

Risk Assessments Completed with every job

Deadman & Coonbilly Creeks Erect plaques at Deadman & Coonbilly Creek Bridges

Water works Replace damage timber to filtration shed

Weir Erect hand rails around platform

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7. TOWN SERVICES – Troy Hayman, Team Leader

Location Work Carried Out

Work Requests Daily

Cemetery Grave 2/5/14 Grave 15/5/14 Grave 20/5/14

Rest Areas Weekly cleaning and rubbish removal and cleaning road side Water rest areas

Staff Training Nil

General Start cleaning and erecting new tables and BBQ fishing reserve

Sand footpaths ongoing

Tree pruning footpaths ongoing

Town mowing ongoing

Take mower to Enngonia to mow oval

Repair holes in fence at depot

Clean wash bay depot

Help with blisters Oxley street

Pick up dirt from road works North Bourke Road

Staff on annual leave for month from

Staff on long service leave for two months

Paint no parking on road diggers

Erect keep left signs at new blisters Oxley street

Crane / backhoe PCYC pull down air-conditioners

Pick up tree branches central park

Gravel pad Davidson Oval for car park

Remove cars

Cold mix hole Oxley street near new blisters

Sundry Debtors Crane 920987

Graffiti NAB 920988

Dust 920989

Gravel 920990

Dust 920991

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8. WORKSHOP – Neil Driscoll, Plant Foreman

Plant No Rego Description Work Carried Out

131 AY 22 KL 2008 Caterpillar 12 M Replace compressor mount housing and drive gear Replace radiator

135 BD 37 AJ 2009 Volvo Replace air conditioner compressor and steering strut

137 DH 91 BK 2010 Volvo G 940 Replace blade slides and shims Replace wheel seal LHS Replace batteries

139 BR 53 WH Caterpillar 950 H Replace air compressor

140 AK 24 LO Caterpillar 12 H Replace air tank release valve 500 service Replace both aerials

25 COM15X 2013 Mazda BT 50 45,000 km service

35 COR74B 2013 Mazda BT 50 30,000 km service

70 CHP24V 2012 Mazda BT 50 80,000 km service

88 BR 04 CB 2012 Colorado 60,000 km service Replace belt adjuster

544 01913 G 2011 Multi Pac Replace fuel tank bung

72 BC YB 2009 John Deere Replace rear hyd-connector valves Replace fan and hub Replace hand brake cable

171 BN 04 EY 2002 Isuzu 1400 FY FVZ Repair rear bumper and adjust hopper gates 13,948hrs

60 AV 25 YJ 2008 Freightliner Columbia 370,000 km service

79 XZB 229 Freightliner Replace bulbar blinker 375,000 km service Replace ignition lock and adjust brakes

87 BM 44 KN 2011 Isuzu 300 NPS Repair flashing lights and air conditioner belt 135,000 km service Repair tail lights Weld air conditioner bracket and air cleaner bracket

89 BS 52 AN 2012 Isuzu 300 NPS 300 Replace rubbers on spring stoppers Install Anderson plug Replace air conditioner condenser 95,000 km service Clean battery terminals

97 YUB 437 2003 Isuzu 900 F3 FTR 160,000 km service

66 BQ 40 XY Isuzu 50,000 km service

218 BR 67 WH 2012 Hino 30,000 km service

51 AB 97 TB 2004 Isuzu 400 NPR 400 Repair loosed battery terminal

2 BR 69 LX 2013 Toyota Kluger Replace light and straighten roo bar 50,000 km service

33 BPV 02B 2010 Mazda BT 50 75,000 km service

62 2010 Delta Repair covers over drive shafts Tighten 65 gearbox bolts Weld up cracks

65 BG 97 LI 2010 John Deere Replace 3 point linkage and globe in revolving light

77 AY 40 UT 2008 Case 590 PCI Replace diesel warning switch

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Fix horn

16 BM 22 KO 2012 Isuzu D/Max 80,000 km service

37 AJ 01 DM Isuzu 500 Long Replace stop light switch Replace cruise control cable

26 AO 79 AH Isuzu 450 170,000 km service

32 BM 39 KN 2011 Isuzu NPR 400 Repair steering rod adjusted also PTO leaver Top up brake fluid

55 AU 97 TV 2007 Hino FG Prestige Repair tail lights

9. Water and Wastewater – Richard Stephens, Team Leader WATER SUPPLY PLANNED MAINTENANCE

ACTIVITY REQUIRED INTERVAL DATE CARRIED OUT / OR PROGRAMMED FOR

River mains flushing 12 months or as required

Ongoing

Potable mains flushing 12 months or as required

Ongoing

Hydrant painting and cleaning 12 months As required

Bourke river pumps annual maintenance 12 months June 2014, Next Service

Due

Alignment of stop valve covers checked 12 months Ongoing

Instrumentation test and calibration (flow meters)

12 months July 2014, Next Service

Reservoir cleaning 5 years 2017 Ongoing

Reservoir inspection 24 months 2014 In Programme

Water & Sewerage system planned maintenance

ACTIVITY REQUIRED INTERVAL DATE CARRIED OUT / OR PROGRAMMED FOR

Bourke WTP daily maintenance Daily Ongoing

Bourke WTP tests Daily Ongoing

Bourke STP and WTP weed spraying / slashing

As required Ongoing

Bourke STP bank grading (to fill scours & cracks)

Annually As Required

Bourke WTP chemical pump calibrations Daily Ongoing

Sewerage pump monitoring Daily Ongoing

Sewer manholes & risers inspection Annually Ongoing

Preventative maintenance sewer pump inspection

Annually Ongoing

Instrumentation test and calibration (flow meters)

Annually July 2014

Main cleaning & pump station desilting As required March 2016

Bore Inspection 5 Years NSW Office of Water

Reg B/M

Local B/M

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WATER SUPPLY & SEWERAGE SYSTEM UNPLANNED MAINTENANCE – 2014

Main breaks repaired for May 8 Sewer chokes for April. cleared:

13

Annual Main Breaks 38 Annual Sewer Chokes 56

Raw: 6 Boundaries replaced: 1

Potable: 2

Year to date: 2013 water meters

Faulty Meters replaced 0

New Connections 4

Total Replacements in 2012/2013 75

Year to date: 2013/14 water meters Meters read twice yearly

Faulty Meter replaced 81

New Connections 2

Total Replacements in 2013/2014 81

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BOURKE SEWERAGE TREATMENT PLANT EPA LICENCE COMPLIANCE Record of Effluent Analysis

POLLUTANT UNIT OF

MEASURE

LICENCE 100 PERCENTILE

CONCENTRATION LIMIT

January 2014 TEST

February 2014 TEST

March 2014 TEST

April 2014 TEST

May 2014 TEST

June 2014 TEST

July 2014 TEST

Aug 2014 TEST

Oil & Grease mg/L 10 <2 <2 <2 <2 <2 2

pH 6.5-8.5 8.78 8.78 9.4 8.24 8.94 8.93

Nitrogen (total) mg/L 40 9.9 8.9 7.3 8.2 8.8 9.0

Phosphorus (total)

mg/L 10 1.7 1.2 1.4 1.3 1.4 1.3

Total suspended solids

mg/L 65 80 1110 48 48 52 56

Biochemical oxygen demand

mg/L 55 20 21 26 26 20 21

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MONTH PEAK DAILY FLOW (KL) AVERAGE DAILY FLOW

(KL) CUMULATIVE ANNUAL

FLOW (ML)

December 2013 0 0 0

January 2014 0 0 0

February 2014 3000 rain event 158 4.8

March 250 128 8.6

April 370 234 15.6

May 215 346 27.1

Next Test of effluent analysis is from June 2014

Record Daily Effluent Flow

Licence conditions: Peak daily flow not to exceed 1500 KL

Annual flow not to exceed 219ML

Readings reflect the reporting year for sewage, which is 1st January to 31st December. RECORD OF WATER USAGE For the period, 01/01/14 to 31/05/14 Council’s meters indicated the following water usage: Water usage for January through to December 2014: Yearly totals for 2014

WATER SCHEME ANNUAL

ALLOCATION (ML)

TOTAL USAGE FOR THE

PERIOD (ML)

USAGE YEAR TO DATE (ML)

DAILY AVERAGE FOR THE

PERIOD (ML)

DAILY AVERAGE YEAR TO DATE

(ML)

Bourke potable 50 194 1.6 1.3

Bourke river 3500 169 954 5.6 6.3

North Bourke village raw 750 30 320 1 2.1

Rainfall in Bourke for May period: 5.0mm

Recommendation: That the Engineering Services Department Activity Reports as presented to Council on Monday, 23

rd June

2014 be noted.

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ACTIVITY REPORT FOR THE ENVIRONMENTAL SERVICES & DEVELOPMENT DEPARTMENT

File No: D3.2

Report: 206/2014 Developments Approved Report

Author: Carolyn Crain, Environmental Support Officer

Responsible Officer: Dwayne Willoughby, Manager Environmental Services

Delegated Authority or Council

Consent Type & Consent No.

Subject Land Nature of Development

Nil

Total value of Approved works for May 2014 =$0 No. of Development Application Approvals for May 2014 = 0 No. of Complying Development Application Approvals for May 2014 = 0

File No: A8.1

Report: 206/2014 Animal Control/Environmental Issues Report

Responsible Officer: Dwayne Willoughby, Manager Environmental Services

Bourke Shire Council Holding Facility Dogs Cats

Animals in Pound beginning of Month 0 0

Seized 9 8

Surrendered 1 0

Dumped 0 0

Total 10 8

Euthanased 3 8

Returned to Owner 1 0

Released from Pound 2 0

Re-housed 0 0

Died in Pound 0 0

Escaped from Pound 0 0

Animals Remaining at End of Month 4 0

Total 10 8

Micro-chip Implantations 2 0

Infringement Notices 0 0

Wandering Stock 0

Stock Rested in Stock Yards 0

Shopping Trolley Impounded 0

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Attended complaints in regards to dogs causing trouble to the general public

Ongoing patrols of the township enforcing the Companion Animal Act

Water sampling for the township, villages and Darling river

Patrol of Councils Reserve’s

Recommendation That the information in the Environmental Services Activity Report as presented to Council on Monday, 23rd June 2014 be received and noted.

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GENERAL MANAGER’S ACTIVITY REPORT

File No: G2.1

Report: 406/2014 “From the GM’s Desk”

Responsible Officer: Ross Earl, General Manager

22nd May 2014 The Ordinary Meeting of Council will be held on Monday, 26

th May 2014 commencing at 9.00am.

All meetings of Council and Committees of Council, of which all members are Councillors, are open to the public. Council conducts a public forum at 10.00am at each meeting and members of the public are invited to raise any matters of concern with Councillors and staff at that time.

The fourth rates instalment is due on the 31

st May as are the water bills. If you are experiencing difficulty

meeting the payment of your rates or water account please contact Councils Rates Staff so that if necessary arrangements can be put in place.

Work has commenced on the approaches to the Warrego By-Wash Bridge with the work being undertaken by Council Staff and local contractors.

People who have been around the western end of town would have noticed the work being undertaken to improve pedestrian safety. This work, which has been funded under a Federal Government Program, has included the widening of the street to allow safer use by pedestrians, street lighting and the installation of pedestrian refuges at the beginning of Parkdale Road.

The work on the front of the Enngonia Hall has been completed and has drawn favourable comment from residents at Enngonia.

Council’s road construction team will shortly commence works on behalf of the Roads and Maritime Services north of Enngonia as part of an ongoing improvement programme for the Mitchell Highway and the work will involve 7.92 kilometres of shoulder widening.

I travelled to Dubbo last Thursday to attend the meeting of the Orana Regional Organisation of Councils (OROC) General Manager’s Advisory Committee (GMAC). While involving considerable travel the meetings have proved to be beneficial and included on the agenda last week was the renewal of the electricity contact negotiated on behalf of all OROC members, an update on the Final Report of the Independent Local Government Review Panel, the integration of the Council’s Community Strategic Plans with both the State Government‘s State Plan 2021 and the Orana Regional Plan, the undertaking of the Internal Audit function of Councils as a regional initiative and the relationship between Local Government and State Government agencies.

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Like most of Australia, Council awaited the outcome of the Federal Budget and possible implication on the operation of Council and its own budget. The Indexation of the Financial Assistance Grants (FAGs) has been paused which will mean FAGs will not increase in line with CPI and population increase. The pause will be effective for three (3) years 2014/2015, 2015/2016 and 2016/2017. In NSW the indexation freeze will result in losses from foregone increase of approximately $288 million over that period. The allocation to individual councils is not clear at this stage with the NSW Grants Commission allocating the funding according to a formula based on a number of factors including, population, road network and socio-economic indicators. Bourke Shire Council’s income from the FAGs for 2013/2014 was around $4.5 million so it forms a very significant part of Council’s overall income.

As part of the budget announcement was the Australian Government’s commitment to Roads to Recovery (R2R) funding which provides $349.8 million nationally, of which around $850,000 is provided to Bourke Shire annually. The Government has also announced it is to provide an additional “one-off’ grant of $349.8 million in 2015/2016. The Government has also committed to the continuation a $60 million Black Spots funding in 2014/2015 which will be increased to $200 million over 2015/2015 and 2016/2017. On the assumption that the additional R2R funding will be distributed along the same lines as the existing funding it should provide a boost for the spending on the road network in 2015/2016.

There are a number of areas including funding from the proposed National Stronger Regions Fund that Council staff will be monitoring to determine impacts and opportunities for Bourke Shire residents.

With the sale of Clyde Agriculture currently being finalised a significant chapter in the history of Bourke will come to an end. The Swire Group of Companies has had an involvement in Bourke spanning four decades and they have made an extremely valuable contribution to the development of Bourke. Clyde has been generous in their support of many local organisations and activities including the Bourke Rugby Club, the Louth Races and the construction of the Back O’ Bourke Exhibition Centre. Given their support of the Back O’ Bourke Exhibition Centre it is appropriate that Clyde will be hosting their farewell function at that venue.

As I mentioned last week Mayor, Cr Andrew Lewis and I will be attending the meeting of OROC to be held in Coonabarabran tomorrow and both Hon. Kevin Humphries, MP, Minister for Natural Resources, Lands and Water and Western New South Wales and the Hon. Paul Toole, MP, Minister for Local Government will also be attending. Having two (2) Ministers in attendance will provide the opportunity to raise with the Ministers any issues of concern within in their individual portfolios.

I attended a meeting hosted by the Bourke Aboriginal Working Party to explain the concept of Maranuka which is an organisation looking to be set up to improve service delivery in Bourke by external agencies. The meeting brought to Bourke representatives of many of the State Government, Federal Government and Non-Government Organisations who currently provide services into Bourke. A number of charitable organisations were also represented. Among those attending was Steve Kinmond the Deputy Ombudsman for New South Wales whose office has been responsible for the publication of a number of papers and recommendations regarding issues impacting on Bourke and other western communities.

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Council has been working on the improvement of service delivery for some time and during the visit by the NSW Government Senior Management Council (SMC) last year provided the SMC with a presentation which highlighted the problems and also provided possible solutions. The need for improved service delivery in Western New South Wales is also one of the aims of the Outback Shire Alliance.

Council sent representatives to CIVINEX held in Penrith recently. CIVINEX is a display of equipment and technology available for the construction industries, including Local Government and provides the opportunity for distributors to showcase their products to potential purchasers and also allows those buyers the opportunity to review and compare products they are interested in purchasing.

Work on the electricity infrastructure by Essential Energy at Enngonia on Wednesday, 28

th May 2014 will mean

that the village will be without power for up to seven hours and as a result the water supply pumps will not be operational. There is an adequate reserve in the storages for use by residents to use during that period, however, the use of water should be restricted to inside domestic purposes only and outside use is not allowed. The cooperation of all residents is sought and will ensure that there is no significant reduction of pressure or shortage of supply during the period of power outage.

The sympathy and thoughts of Councillors and Staff is extended to the family of the late Barry Edwards who served as a Councillor with Bourke Shire Council between 1995 and 2008.

The Far West Emergency Regional Management Committee will meet in Bourke on Wednesday, 27

th May

2014. The group is chaired by Assistant Commissioner Geoff McKechnie who is the Regional Emergency Controller for the region which incorporates Bourke Brewarrina, Bogan Cobar Wentworth and Central Darling Shires, Broken Hill City Council and the Unincorporated Area.

The Back of Bourke Race Meeting which is hosted by the Dubbo Race Club each year is being held on Sunday, 1

st June 2014 having had to be postponed from the scheduled date earlier in the year due to rain. It provides a

great opportunity for those from Bourke and past residents to catch up for a great days racing and this year should be no exception.

30

th May 2014

Both the Mayor, Cr Andrew Lewis and I attended the meeting of The Orana Regional Organisation of Councils (OROC) held in Coonabarabran last Friday and all those present welcomed the presentation by Ministers Hon Kevin Humphries. MP, Minister for Water Lands and Natural Resources and Minister for Western New South Wales and the Minister for Local Government Hon. Paul Toole MP. Given the recent work done by the Independent Local Government Review Panel all in attendance were keen to learn when the Governments response would be delivered and Paul Toole said it would be anywhere between two (2) weeks and three (3) months noting that the budget would be delivered for New South Wales on the 16

th June and some of the proposed changes may need treasury support.

He indicated that the promise of no forced amalgamations would be honoured but said doing nothing is not an option and some things will need to change. He also indicated that there is a lot of work that needs to be done on the concept of Joint Organisation of Councils (JOCs) before they were progressed and the concept of pilot JOCs was being considered to help develop a framework.

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Minister Toole also indicated that the proposed Western Regional Authority, if established, would be at least two years in the making and would be more focussed on the service delivery of the other tiers of Government rather than Local Government functions. The Western Regional Authority was also discussed with Minister Humphries. It would appear that there may be the opportunity for Local Government to get more involved in service delivery with exception of those services delivered by Health, Education and Police. Minister Toole said that if possible he would look at the recommendations that had met with universal acceptance and that if possible introduce those by regulation which is a much easier process than by legislation. Minister Toole also indicated that they would also consider reviewing the distribution of the Financial Assistance Grants (FAGs) which is something which has become increasingly important to Rural Councils with the FAGs being a significant part of the income stream and the recent announcement that the Federal Government will freeze the amount for three years placing increased pressure on budgets.

At the Ordinary Meeting of Council held on Monday, 26

th May 2014 resolved to establish an Aboriginal

Consultative and Advisory Committee. The role of the committee will be to:- a. Provide advice to Council in relation to matters specific to the Aboriginal Community within

Bourke Shire.

b. To provide an increased level of engagement between Bourke Shire Council and the Aboriginal

Community within the Shire.

c. To articulate major issues to the other tiers of Government on behalf of the Bourke Community.

d. To assist in providing a coordinated approach to the improvement in the delivery of programs

and services within Bourke Shire to ensure that these programs provide maximum benefit to the

targeted client groups and are delivered in both a cost effective and efficient manner.

The Mayor, Cr Andrew Lewis will be joined by Councillors Brown, Bennett, Bartley and Ford as council representatives. The Chairs of the Bourke Aboriginal Working Party, The Enngonia Aboriginal Working Party, The Bourke Aboriginal Health Service and Nulla Nulla Aboriginal Lands Council and the Bourke delegate to the Murdi Paaki Regional Assembly or their nominee also being invited to be members of the Committee.

The Community Calendar is still being maintained by the Bourke Rural Counselling Service and if you are planning an event please refer to this calendar to avoid unnecessary clashes. Additionally in you have already scheduled a function contact the RFCS so that it can be included as it is also a good way to advertised. You can email the RFCS at [email protected] or access their website www.bourkercs.com.au

Council has been considering options in relation to the rebuilding of the Pre-school which was demolished following a fire in November 2012 and has had negotiations with the insurers regarding the matter. Council has resolved to commit to rebuilding a purpose built preschool in conjunction with the Bourke and District Children’s Services (BDCS) on the Gorrell Avenue site and have asked for draft plans to be submitted before 15

th June 2014. The BDCS in a presentation to Council during the Public Forum on Monday detailed plans for

the consolidation of the bulk of the services at this site including the storage facilities for the vehicles used and the delivery of Mobile services and their administration section.

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A reminder that the fourth rates instalment and the accounts for water charges are both due tomorrow.

Council is still evaluating options in relation to the grandstand at Davidson Oval and have asked staff to provide a report detailing firm estimates in relation to the costs involved in the removal of the grandstand and the rebuilding of new change rooms and canteen facilities.

Council’s Road Construction Team have commenced work on shoulder widening on the Mitchell highway north of Enngonia and the project which was initially for 7.92 km will now be for approximately 12.5 kilometres with an estimated cost of approximately 1.7 million dollars. The additional work was welcomed by Council’s Engineering and Roads Staff and should be finalised by the end of June.

The Fishing Reserve has had new seats and tables erected so the area will be much more user friendly for those residents and visitors utilising the area.

A new rail has been erected at the Bourke Weir with the old rail being identified as being near the end of its service and in need of replacement.

Clyde Agriculture will be hosting their farewell function at the Back o Bourke Exhibition Centre this Sunday 1

st

June 2014. The Mayor and I will be representing Council at the function.

The Back of Bourke Race Meeting which was to be hosted by the Dubbo Race Club earlier in the year is now being held this Sunday 1

st June 2014.

If you are racing fan the Annual Brewarrina Race Meeting is on this Saturday, 31

st May 2014.

In response to a letter requesting Council to consider the adoption of a Graffiti Management Plan for the Shire, Council has resolved to have staff to prepare a report detailing a number of matters, including Council’s ability to undertake graffiti removal on private premises and the cost of employing a person to undertake the removal of graffiti for a period of between three and six months. Council will also review its Graffiti Management Policy. The presence of graffiti is a blight on the appearance of our town and this irresponsible form of vandalism costs our community thousands of dollars annually. This money could better be expended on any of a number of projects that would benefit the community.

The Jandra Paddle boat operated by Council was subject to a random safety inspection by officers from the Roads and Maritime Services from Dubbo and Sydney last weekend and although a few minor areas were identified for improvement the vessel was compliant. The Officers who visited indicated that they would be revisiting Bourke again to look at the Boat Ramp area to ensure that it was operating safely for all recreational users and that boat owners were complying with all the appropriate laws and safety procedures.

Bourke Shire Council will be lodging a submission in relation to the proposed changes that will involve an expansion of the Waste Levy. Council is currently exempt from the payment of the level as each of the waste

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management facilities within Bourke Shire receives less than 5000 tonnes per annum. Should one of the recommendations be adopted it could see Council having to pay the levy estimated at $10.00 per tonne which in turn would increase the charge to each garbage service. Council is opposed to any expansion of the levy.

5th June 2014 The Department of Planning and Environment last Thursday released their Population Estimates for New South Wales and they indicate that between 2011 - 2031 the population will grow from 7.2 million in 2011 to 9.2 million in 2031. The bulk of those people will be living in Sydney which is estimated to increase by 1.6 million people during that period. Given the drift to Sydney it is clear that a priority of both the Federal and State Government should be to revise their policy on decentralisation as there is basic infrastructure already in place in Rural NSW when the cost in developing additional infrastructure in Sydney is enormous. The current policies regarding decentralisation are clearly not working. Bourke population is estimated to decrease for the period 2011 to 2031 from 3100 to 285O during that period which is a decrease of 250 people. No doubt the mechanisation of farms, the decrease in water allocations and the increase of both absentee owners coupled with the aggregation of properties and number of national parks being established have each contributed to the decrease. The loss of services both from the Government sector and the corporate sector have also contributed to the decline in population. The decrease is consistent with a trend across many rural towns in New South Wales but is a significant improvement of the figures published and utilised by the Independent Local Government Review Panel Which showed a reduction of some 795 people. Part of the report details a change to the estimated population profile for Bourke during the period 2001 to 2031.

Age Group 2001 2011 2021 2031

Less than 15 1100 750 750 650

15-44 1700 1250 950 850

45-64 750 750 800 700

65-84 300 300 450 550

85+ 0 50 50 100

TOTAL 3850 3100 3000 2850

The Community Calendar is still being maintained by the Bourke Rural Counselling Service and if you are planning an event please try and consult the calendar to avoid unnecessary clashes. You can email the RFCS at [email protected] or access their website www.bourkercs.com.au

The Manager of Tourism and Development, Phil Johnson will be representing Bourke and other Councils along the Kidman Way at the Brisbane Camping and Caravan Show to be held from the 5

th - 9

th June 2014. These

types of exhibitions are attended by a significant number of our potential tourists and it is opportunity to showcase Bourke and other towns along the Kidman Way.

Clyde Agriculture hosted their farewell function at the Back O’ Bourke Exhibition Centre last Sunday. The guests included, Mr Bill Rothrey, Chairman and Chief Executive Officer of John Swire and Sons in Australia, Hon. Doug Anthony, Former Deputy Prime Minister of Australia and a previous Board Member of Clyde

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Agriculture, John McKillop- Managing Director of Clyde Agriculture and David Boyd – Former Managing Director of Clyde Agriculture. As part of the farewell function Clyde announced that they would be providing $30,000 to enable the commencement of a display at the Back O’ Bourke Exhibition Centre to recognise the development of the cotton industry in Bourke. Clyde have previously contributed $400,000.00 to the construction of the Back O’ Bourke Exhibition Centre.

The Mayor and I will be travelling to Hillston this Monday afternoon to attend the Mid-term Meeting of the Western Division Councils which commences at 9.30 am on the Tuesday 10

th June 2014.

The meeting involves Wentworth, Central Darling, Carrathool, Cobar, Hay, Balranald, Brewarrina, Walgett, Lachlan and Moree Plains, Shire Councils and Broken Hill City Council. The Western Division of Councils has been a very active and successful lobby group over many years. The Chairman Councillor John Medcalf and the Executive Officer Ruth Fagan have arranged to meet with the Minister for Local Government. Paul Toole MP. following the Hillston meeting.

All roads will lead to Louth this weekend for their Biennial Field Days which is sure to be a great day out with good numbers of exhibitors indicating their attendance. The Field Days will be officially opened by Kevin Humphries MP. Minister for Water Lands and Natural Resources and Minister for Western New South Wales and Member for Barwon Part of the activities for the day will include the official opening of the new amenities building at Louth Park. The building was a joint initiative of the Louth Progress Association, Bourke Shire Council and Rural Fire Service. The facility has been being built to cater for a broad cross section of the community. The facilities are maintained on a voluntary basis and incorporate both male and female amenities. The construction of the amenities block is a great example of a cooperative approach to the provision of services within the community.

A reminder that Essential Energy no longer do inspections of street lights and rely on reports from the public to identify when they are not working. If you notice a street light not working notify Essential Energy by calling 132080 or by jumping on the net and reporting at http://forms.essentialenergy.com.au/internet/wcmforms.nsf/Forms-Streetlights

Council is currently advertising for sale a number of vehicles and a schedule of the vehicles appeared in the Western Herald and Western Magazine last week. All these vehicles have been well maintained and can be inspected by contacting Council’s Plant Foreman Neil Driscoll on 68308000 during business hours.

Given the cuts involved in the Federal Budget, the State Budget to be delivered on the 17

th June is sure to

contain a number of similar cuts. Local Councils receive a considerable amount of their funding through the States and most will be monitoring the State budget with interest.

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Together with the Mayor, Cr Andrew Lewis and Manager of Corporate Services, Leonie Brown, I attended the meeting of Barwon Darling Bushfire Management Committee last Thursday. The meetings are convened by the Rural fire Service and involve those agencies involved in the prevention and control of Bushfire within the region which incorporates Brewarrina and Bourke Shires. Included in the attendees are Essential Energy, National Parks and Wildlife, Local Land Services, Department Lands, Police, Fire and Rescue NSW. Among the agenda items is the assessment of the potential fire risks and hazard reduction initiatives that can be undertaken.

This weekend sees the Reunion of the 1984 Bourke Rugby League team who won the Clayton Cup which is awarded to the best team in Country NSW and I am sure that those attending will have a great weekend. The players are coming back for the event from all over Australia will no doubt have the opportunity to rekindle old friendships and enjoy the reunion and relive memories of yesteryear.

At the Ordinary Meeting of Council held on Monday, 26

th May 2014 Council asked staff to prepare a report on

the potential benefits of installing solar panels on our buildings in an effort to reduce electricity costs.

Council is monitoring the proposed changes to the Crowns Lands Act and the possible impact of those changes on Bourke Shire Council. The Crowns Land Act can be accessed through the following link. http://www.lpma.nsw.gov.au/crown_lands/comprehensive_review_of_nsw_crown_land_management

Along with a number of others from Bourke I travelled to Brewarrina last Saturday for their Annual Race Meeting and would like to congratulate Robert Wason and his Committee and all others involved in putting on a great day. Unfortunately the Back of Bourke Meeting scheduled for Dubbo last Sunday, 1

st June 2014 had to

be again postponed because of rain. The meeting was re-scheduled for yesterday 3

rd June 2014

The Enngonia Cup Meeting is being held on Saturday, 5

th July 2014 and the Louth Races will be on the 9

th

August 2014 and both meetings should be again well supported.

The Bourke Choir would welcome new members so if you are interested you could contact Cec Dorrington on 0407 103 428.

If you play, or have played a musical instrument and are interested in joining the “Bourke Gateway Band” you can either contact the band leader Roy Hall on 0408 241 291 or drop in on the band’s weekly rehearsal at 7.30pm of a Wednesday at the Anglican Church.

12th June 2014 The Ordinary Meeting of Council will be held on Monday, 23

rd June 2014 commencing at 9.00am.

The meeting will include a public forum to be held at 10.00am during which members of the community will have the opportunity to raise with Councillors and staff issues of concern.

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The Community Calendar is still being maintained by the Bourke Rural Counselling Service and if you are planning an event please try and consult the calendar to avoid unnecessary clashes. You can email the RFCS at [email protected] or access their website www.bourkercs.com.au

Senator the Hon. Nigel Scullion the Federal Minister for Indigenous Affairs visited Bourke on Tuesday prior to travelling to Cobar for a meeting of the Murdi Paaki Regional Assembly. Senator Scullion was accompanied by the Member for Parkes Mark Coulton MP, Mr Richard Eccles, Deputy Secretary Department of Prime Minister and Cabinet and also Kevin Dunnellon the Acting Chief of Staff for the Minister. Mick Gooda, Human Rights Commissioner was also part of the visiting party. While in Bourke the Minister had meetings with representatives of the Bourke Aboriginal Community, Bourke Shire Council and visited the Bourke Public School, Bourke Aboriginal Health Service as well as taking the opportunity to inspect housing within the town. The Minister is certainly very approachable and a strong advocate for improved education outcomes for all members of the community. Included in the presentation by Council was the need for improved service delivery, the need for increased employment opportunities with initiatives which offer training and sustainability. Also raised was the need for additional stocks of public housing and the availability of accommodation for transient government employees. Service delivery and the need for increased employment opportunities were very much a common theme of all the meetings with the Minister.

The Back O’ Bourke Race Meeting was finally held last Wednesday and it was a TAB Meeting with the name Back O’ Bourke receiving additional publicity through media. I am reliably informed that the TAB meetings are not only shown nationally but also broadcast internationally which would certainly have increased Bourke’s exposure globally.

Manager of Corporate Services Leonie Brown represented Bourke Shire Council at the meeting of Western Division Held in Hillston on Tuesday. The Mayor and I were apologies due to the visit by Minister Nigel Scullion. Among the issues discussed was the future direction of Western Division and ensuring that it remains both a representative organisation and an effective voice and lobby group for all members. With this in mind a summit is proposed to be held in October of this year at which all Ministers whose portfolio have a strong linkage to the Western Division Councils will be invited to attend. Also discussed was the sustainability reviews undertaken by T-Corp. T-Corp have been asked to conduct a forum for Western Division Councils to detail the methodology use by T-Corp in their assessments plus provide the opportunity for the Western Division Council’s to articulate the issues relevant to Councils in this part of the State. This forum is now proposed to be held in July. All Councils showed a strong resolve to remain as they are currently constituted and whilst not supportive of the proposed Western Regional Authority in its current proposed form would like the opportunity to review a model with a primary focus on improved service delivery. Cost Shifting again remains a significant issue with many Councils in the Western Division assisting in the provision of services that should be the domain of the other tiers of Government.

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Bourke Shire Council has completed the construction of the Warrego By-Wash Bridge at Gumballie which is located on the Bourke to Wanaaring Road approximately 60 kilometres from Bourke and the bridge was opened for traffic last Friday 6

th June 2014.

The construction was undertaken by Murray Constructions from Deniliquin, with Council Staff undertaking the work on the bridge approaches with assistance from other contractors as required with the cost of the project being $800,000.00. The completion of the new bridge was yet another step in the finalisation of Bourke Shire Council’s bridge replacement programme which sees only four (4) timber bridges remaining in the Shire road network. Two (2) of the bridges are over the Cuttaburra where Number 3 and 2 on the Bourke to Wanaaring Road with the two (2) other remaining bridges being the Len Mallon Bridge on Burrawantie Road and the Bridge over Whiskey Creek on the West Culgoa Road. The replacement of these bridges has been programmed for the next few years. Council would like to acknowledge the cooperation of all motorists during the construction stage.

Together with Annette and daughter Jaimie who was visiting for the long weekend I travelled to Louth for the field days and like everyone else who attended we had a great day. I was amazed at the number, variety and range of exhibitors who were represented and it was certainly a credit to the organising committee. There was a good representation from Bourke people and also Cobar. The Cobar Massey Ferguson Club was in attendance and the parade of the old “fergies” was great to see. Hon. Kevin Humphries, MP, Minister for Water Lands and Natural Resources and Minister for Western New South Wales and Member for Barwon opened the field days. Kevin was accompanied by his wife Lindy and stayed over Saturday night as well. Chris Favelle from the Rural Fire Service (RFS) and myself were asked to open the amenities block at Louth Park, which was a project involving Bourke Shire and the RFS and the community of Louth. The amenities block is an example of cooperation between the State Government, Local Government and the community to achieve a practical result.

There are still occasions when persons wishing to utilise Council facilities are not booking the proposed use of those facilities with Council’s Engineering Department. While a fee is applicable to many bookings the fee allows Council the opportunity to ensure that the facilities are properly prepared and adequate arrangements are made for such things as additional bins.

Bourke Shire Council in partnership with both the EPA and Netwaste will be hosting a Household Chemical Collection day at the Bourke Waste Depot in the coming months. The purpose of the program is to recover hazardous chemical waste from households, including cleaning agents, paints, batteries, fire extinguishers, gas bottles and pesticides. The collection will be only for domestic household quantities, more information will be passed on when a date is set for the collection day.

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If you have a stock of chemical that you no longer have a use for this will provide the opportunity for the safe disposal of these unwarranted items. The incorrect disposal of some chemical can have a significant and detrimental effect on the environment.

The Enngonia Cup Meeting is being held on the 5

th July 2014 and the Louth Races will be on the 9

th August

2014 and both meetings should be again well supported.

Mayor of Bourke Shire Andrew Lewis who has been a strong advocate for assistance to be made available to those person impacted by drought has called on the State Government to ensure that they include provision for ongoing drought relief in the 2014/2015 Budget to be released next Tuesday. Councillor Lewis is mindful that the drought assistance currently available will cease on the 30

th June 2014 and with the drought

continuing in much of the state the assistance needs to be continued.

The construction on the skate park in Central Park will commence next week with preliminary work in relation to the identification utilities etc already underway. It is anticipated that the concreters will finish their part of the project in around four (4) weeks with the finishing works to be completed after that together with the associated landscaping.

A number of functions including the Bowls Tournament and the Bourke Rugby League Clayton Cup reunion coupled with the increasing number of visitors combined to make the town of Bourke reasonably busy over the long weekend. It is great to see the increase in tourists whose visitation contributes significantly to the economy of the town. Ross Earl General Manager Recommendation: That the information in the General Manager’s Activity Report as presented to Council on Monday, 23

rd June

2014 be noted.

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CORPORATE SERVICES DEPARTMENT ACTIVITY REPORT

File No: L4.1

Report: 406/2014 Library Report

Responsible Officer: Leonie Brown, Manager of Corporate Services

The following items for the months May 2014 are presented for your information:

1. Circulation statistics for May 2014

Audio Visual 373

Adult Fiction 327

Non-Fiction 210

Junior Fiction 298

Magazines 112

Interlibrary Loans 7

Total 1327

During the same period in 2013, the figures were as follows:

Audio Visual 188

Adult Fiction 344

Non-Fiction 154

Junior Fiction 259

Magazines 75

Interlibrary Loans 3

Total 1023

2. Other statistical information:

New Members 8

Internet/Word Processing 131

Wireless Tickets 15

Number of Visitors 1999

Scans 10

Information Requests 38

Technical Assistance 14

During the same period in 2013, the figures were as follows:

New Members 19

Internet/Word Processing 147

Wireless Tickets 6

Number of Visitors 1652

3. Children’s Craft & Story time this month was Mother’s Day craft, and we had 16 children attend.

4. Law Week was celebrated during May. We had two (2) lawyers come to the library to talk about wills

and planning for the future. Six people attended the talk.

5. Another 15 Books for Babies kits were sent out this month with the community midwife, for

distribution to new mothers.

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If there are any questions about these items, or any library issues, please do not hesitate to contact the library. Recommendation That Council note the information in the Corporate Services Department Activity Report as presented to Council on Monday, 23

rd June 2013.

Jodie Hatch Library Manager

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TOURISM AND DEVELOPMENT MANAGER’S ACTIVITY REPORT

File No: T4.3

Report: 505/2014 BOBEC and VIC May 2014 Activity update

Responsible Officer: Phil Johnston, Manager Tourism and Development

May has been a busy time for the visitors centre and the Jandra with numbers for the month slightly up on the previous May. Overall numbers for the year to the visitors centre are still slightly lower than last year although with the busy visitor months ahead this is expected to change by the end of the season. There is obviously a greater range of choices for visitor activity now in Bourke and the diversity of experience will help with the continued growth in numbers. Graph above showing the number of visitors per month to the Tourist Centre Table showing number of visitors to the Tourist Centre by month

2011 2012 2013 2014

January 448 560 325

February 157 397 271

March 810 570 1500 1051

April 2507 2044 3103 3146

May 2656 2891 3758 3988

June 2952 3216 4492

July 4362 4643 5173

August 4187 4162 4410

September 4295 5074 4275

October 2674 3067 2383

November 1012 930 789

December 386 347 254

0

1000

2000

3000

4000

5000

6000

2011

2012

2013

2014

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Visitation to Back O’ Bourke Exhibition Centre

Table showing visitation to Back O’ Bourke Exhibition Centre

Month 2009 2010 2011 2012 2013 2014

January 154 113 154 110 55

February 139 60 44 60 76

March 304 312 207 373 271

April 551 925 807 732 778 699

May 1551 1433 974 965 1042 801

June 1535 1769 1154 1114 1306

July 1951 2345 1489 1193 1303

August 1607 1916 1225 1131 1141

September 1433 1816 1251 1299 1120

October 1259 1325 861 556 601

November 320 512 292 136 212

December 180 182 108 65 65

Table showing visitation on board the PV Jandra

Month 2010 2011 2012 2013 2014

January Not Cruising Not Cruising Not Cruising Not Cruising Not Cruising

February 25 Not Cruising Not Cruising Not Cruising Not Cruising

March 213 Not Cruising Not Cruising Not Cruising 64

April Not Cruising 1008 519 442 980

May 1325 932 1035 894 1123

June 1459 1241 1003 984

July 1578 1386 1238 1300

August 1165 1186 640 1194

September 1429 1411 1459 1215

October 188 1085 760 830

November Not Cruising Not Cruising 423 403

December Not Cruising Not Cruising 180 20

Total 7382 8249 7257 7282

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Recommendation That Council note the information in the Tourism and Development Manager’s Activity Report as presented to Council on Monday, 23

rd June 2014.

Phil Johnston Manager of Tourism & Development