Business Paper 20 August 2014
Council Meeting Commencing at 9.30am
Dear Councillor
I advise that the next Ordinary meeting of Council will be held on 20 August 2014.
Danny Green General Manager
Meeting Day Notes:
8.30am - Depart Administration Centre for inspection of Gloucester Landfill
12.30pm - Mr Brett Miners of Hunter Local Land Services will join Councillors for lunch
1.15pm - Presentation by Supervising Engineer, Gil Gendron regarding the Mid North Weight of Loads Group
AGENDA – 20 AUGUST 2014
ORDINARY COUNCIL MEETING
DECLARATION OF PECUNIARY OR NON-PECUNIARY CONFLICT OF INTEREST (NATURE OF INTEREST TO BE DISCLOSED)
WELCOME TO COUNTRY
“We hereby acknowledge the original custodians of this land, the Worimi and Biripi peoples, and pay our respects to Elders, past and present.”
Agenda Gloucester Shire Council Ordinary Meeting – 20 August 2014 ADDRESS FROM PUBLIC GALLERY
Members of the public who wish to raise matters from the Public Gallery relating to any Agenda items, including Planning matters and Development Applications, and who have made arrangements with the General Manager to do so, are advised that this section of the Agenda will be considered at approximately 9.40am, following adoption of last month’s Council meeting minutes.
APOLOGIES
CONFIRMATION OF MINUTES – Ordinary Meeting held 16 July 2014
MATTERS ARISING FROM MINUTE
1. Delegates Reports
REPORTS OF STAFF
2. Planning and Environment Report
2.1 Development Applications Approved for July 2014 ...... 1 2.2 Proposed s96(1A) Modification to Development Application DA 2009/1824/02, Lot 104, DP 1093743 Thunderbolts Way Gloucester ...... 4 2.3 Application for On-Site Sewage Management System – 47 Jacks Road Gloucester...... 31 2.4 Review of Council’s Decision on Fees & Charges at the Landfill ...... 88 2.5 Bird Research in Gloucester ...... 106 2.6 Acquisition of Compactor for Use at the Gloucester Landfill ...... 108
3. Finance Services Report
3.1 Investment Report as at 28 July 2014 ...... 118 3,2 2913-2914 Financial Statements Referred to Audit ...... 121
Agenda Gloucester Shire Council Ordinary Meeting – 20 August 2014
4. Technical Services Report
4.1 Offer to Purchase Council Land – Stratford Coal ...... 125 4.2 Tender for the Provision of Labour Hire Services ...... 127
5. General Manager’s Report
5.1 Gloucester Pre-School – request for Reduction in Rates ...... 132
6. Committee Reports
6.1 External Bodies
1. Minutes of the Ordinary Meeting of MIdCoast Water – 17.6.2014 ...... 134
2. Minutes of the Meeting of Country Mayors held 8.8.2014...... 134
7. Government Circulars, Ministerials and Correspondence ...... 156
8., Closed Meeting ...... 159
9. General Business
Agenda Gloucester Shire Council Ordinary Meeting – 20 August 2014 1. DELEGATES REPORTS
1.1 Stratford Consultative Committee Meeting held 7 August 2014 – Report by Cr Tony Tersteeg
On behalf of Gloucester Council I attended the Stratford Coal Consultative Committee meeting in the absence of Cr. Henderson.
There were several apologies so it was decided that there would not be a site tour however as a community representative of the Duralie mine I partook of a site tour later in the afternoon.
There was discussion on the use of chemicals on properties owned by Yancoal and it was noted that Essential Energy trucks were driving through paddocks that contained giant Parramatta Grass and spreading the weed. There has been a review of real time noise monitoring and noise was below the recommended criteria although trending upwards. Ditchfield only employ 15 people now mainly in the washery as Stratford Coal is no longer harvesting coal.
In response to a request of the Committee at a previous meeting Stratford Coal are investigating the feasibility of releasing water from the Stratford East Dam into the Avon River due to the significant drought presently being experienced in the area. This dam was originally used to hold mine waste water from the main Stratford Pit; when the main pit closed all mine water from other pits was directed into the main pit and the water from the Stratford East Dam was used to irrigate rehabilitated land in a closed circuit, that is any excess irrigated water went back into the dam. The request has been formally made to the EPA. I have been formally requested to inform Council of the proposal. I stated that Council and its Water Scientist would need to be involved.
Delegates Reports Gloucester Shire Council Ordinary Meeting – 20 August 2014 2. Planning and Environment Report
2.1 Development Applications Approved for July 2014
Report Author: Planning & Environment Administration Officer
Responsible Officer: Manager of Planning and environment
Executive Summary
The General Manager and Manager of Planning and Environment have delegated authority to approve certain development applications and all others are approved by Council. All development applications approved since last meeting are listed hereunder for Council’s information.
RECOMMENDATION
That the report be received and noted.
DELEGATED CONSENT Applicant SUBJECT LAND NATURE OF
AUTHORITY NO DEVELOPMENT
OR
COUNCIL
Delegated CDC Mrs JM Nixon Lot 1 Sec 9 DP 192505 Modification to Detached 177/2014/02 41 Queen Street Garage Gloucester
Delegated 2009/1826/02 Mr DB & Mrs LJ Lot 14 DP 1077953 Modification to Industrial Stokes 43 Tate Street Warehouse & Office Gloucester Building
Delegated 2013/2215/02 Calco Surveyors Lot 121 DP 1068827 Modification to Conditions Pty Ltd Relfs Road of Subdivision (The Homes Gloucester Corporation Australia Pty Ltd)
Delegated 2013/2295/02 Mr W Mendham & Lot 44 DP 874883 Modification to New Ms L Benson 159 Barrington East Road Dwelling Barrington
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 1 Delegated 2013/2308 Gloucester Real Lot 5 DP 868549 Subdivision Estate 10 Irrawang Road (Mr GL Beaton) Gloucester
Delegated 2013/2311/02 Gloucester Shire Lot 7 DP 852189 Modification to Council 385 Thunderbolts Way Restructure of Landfill Gloucester
Delegated 2014/2334 Calco Surveyors Lot 100 DP 1032438 Subdivision Pty Ltd 517 Curricabark Road (Mr GR & Mrs DE Coneac Idstein & Mr RD & Mrs RA Babich)
Delegated 2014/2335 Mr BP & Mrs J Lot 1 DP 744974 Subdivision Tresidder 103 Hume Street Gloucester
Delegated 2014/2345 Mr AW Carruthers Lot 1 DP 610197 Change of Use to WITHDRAWN (Willow Flow Pty 28 Church Street Temporary Urban BY Ltd) Gloucester Camping Site APPLICANT
Delegated 2014/2348 Gloucester Shire Lot 1 DP 564844, Lots 2 & 3 Boundary Adjustment & Council DP 742109, Lot 1 DP 842441, Consolidation of Land WITHDRAWN Lots 373 & 374 DP 1001832, at Gloucester District BY Lot 13 DP 864348, Lot 62 DP Park APPLICANT 838791 & Lot 418 DP 980328
Delegated 2014/2352 Image Building Lot 338 DP 1158901 New Dwelling Group 1 White Circuit (Incoronata Gloucester Wauchope)
Delegated 2014/2354 Mr LE & Mrs KD Lot 3 Sec 7 DP 192505 Additions to Dwelling & CC01 Rendell 43 Cowper Street New Detached Garage Gloucester
Delegated 2014/2357 Image Building Lot 374 DP 1158901 New Dwelling Group 4 Babbler Walk (Mr DR & Mrs AC Gloucester Kaye)
Delegated 2013/2358 Mr PL Barchard & Lot 2 DP 198495 Detached Studio CC01 Ms NL Garbyal 23 Argyle Street Barrington
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TOTALS
Total No for 1st July 2014 to 31st July 2014: 13
Total Value of works for July 2014: $ 592,890
Total No for 1st July 2013 to 31st July 2013: 18
Total Value of works for July 2013: $1,287,073
Alignment with Strategic Plan/program
This report enables Councillors to keep abreast of current levels of development activity.
Financial and Resource Implications
Nil.
Policy Implications
There are no policy implications in regard to this report.
Statutory/Regulatory Considerations
Nil.
Attachments
Nil.
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 3 2.2 Proposed s96(1A) Modification to Development Application DA 2009/1824/02, Lot 104 DP 1093743 Thunderbolts Way, Gloucester
Report Author: Planning and Regulatory Services Unit Manager
Responsible Officer: Manager Planning and Environment
Applicant: Calco Surveyors Pty Ltd Owner: Mr & Mrs Buckley Zoning: E2 – Environmental Conservation & E3 Environmental Management
Executive Summary
Council has received a s96(1A) application to modify Development Consent 2009/1824 (Attachment 1). The application relates to Lot 104 DP 1093743, Thunderbolts Way, Gloucester. The applicant, Calco Surveyors Pty Ltd have lodged the application on behalf of the owner of the subject land, Mr & Mrs Buckley. The s96(1A) modification proposes to reduce the lot size of proposed Lot 106 from 1.6ha to 1.213 ha and amend consent condition No 6 so as not to require bitumen sealing of the existing access driveway along the entire length to the boundary of proposed lot 106 (Attachment 2).
The applicant is also seeking an extension of time for the development consent as it is due to expire on 16 September 2014. Council is legally unable to extend the development consent as it was originally issued for the maximum period (5 years). Extensions of consents can only be issued where those consents were issued for a period less than the maximum 5 year term.
The proposed modification was notified in accordance with Council policy for a period of 14 days (5/6/14 to 20/6/14). Six submissions were received in response to the notification period, raising objection to the proposed modification (Attachment 3). As a result of those submissions, and concern from Council staff, discussions took place with the applicant/owner and a suitable outcome was resolved (Attachment 4).
Recommendation 1. That Council approve the proposed s96 modification subject to the conditions in Attachment 4. 2. Council note that the development consent issued cannot be extended as section 95A of the Environmental Planning and Assessment Act, 1979 has the effect to
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 4 only permit the extension of a development consent for 1 year if the original consent was issued for a period lapsing less than 5 years.
Detailed Report
Background
The original plans were approved by Council at its meeting of 16 September 2009 (Attachment 1). Condition No 6 of that approval required:
Construction and bitumen sealing of the existing access roadway from the edge of the bitumen on Thunderbolts Way to the boundary of the proposed allotment, shall be in accordance with Council’s “Standard Conditions for Engineering Works”.
It is also noted that the consent was issued for the maximum period of 5 years (16/09/2009 – 16/09/2014).
Proposed Development
It is proposed to modify the existing consent by:
1. Reducing the lot size of proposed lot 106 from 1.6ha to 1.213 ha 2. Amending consent condition No. 6 to require bitumen sealing of the length of the access driveway from the intersection of Thunderbolts Way to the “Y” junction prior to subdivision plan being registered and ; and 3. Extend the consent
The Subject Land
The proposed s96(1A) Modification to amend Development Application 2009/1824 relates to a proposed subdivision at Lot 104 DP 1093743, Thunderbolts Way, Gloucester. The subject land is split zoned E2 Environmental Conservation and E3 Environmental Management however, the area the subject of this application is zoned E3 Environmental Management. The minimum lot size for the subject land is 100ha.
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Subject land – Lot 104 DP 1093743
Land zone – Gloucester Local Environmental Plan 2010
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 6 The proposed development consent relates to the previous planning scheme for the subject land (Gloucester Local Environmental Plan 2000) and as such, is assessed under its provisions. The land was previously zoned 1(c) and had a minimum lot size of 4,000 square metres. The proposed reduction in lot size from 1.6ha to 1.213 ha complies with this requirement.
Statutory/Regulatory Considerations
The application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979. The following issues have been considered as part of this assessment:
(a)(i) – The provisions of any environmental planning instrument (EPI)
State Environmental Planning Policy No 44 – Koala Habitat Protection
The aim of this policy is to encourage the proper conservation and management of vegetation that provides habitat for koalas.
The area on the site subject to the proposed activities provides no koala habitat or feed trees and is unlikely to support use or occupation of koalas.
Policy Implications
Gloucester Local Environmental Plan 2000
Permissibility
The subject land was located within land zoned 7(d) Environmental Protection (Scenic Zone) and is adjacent to land zoned 1(c) Rural Small Holdings zone. Section 39 of the Gloucester Local Environmental Plan 2000 allows development on land within 20 metres of a zone boundary between any two zones to be carried out in accordance with the permissible use of the adjoining land. Section 27 of the Gloucester LEP 2000 further required a minimum lot size of 4,000 square metres in the 1(c) Rural Small Holdings zone.
Furthermore, the land owner sought in-principle support for rezoning of the subject land from Council in April 2011. Council provided that support, resolving that:
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 7 The lower areas adjoining lots 17, 16, 15, 14 and 13 shown on the plan would be suitable for rezoning whilst preserving the scenic quality of the area; and
Council advise Calco Surveyors that it will permit the proposed amendment to the Gloucester LEP 2010 subject to a planning proposal being prepared at the applicant’s cost.
It is noted that no such Planning Proposal has been forthcoming.
(b) – The likely impacts of the development
Context and Setting
The subject land is adjacent to the “Meadows Estate”, a large lot residential subdivision. The proposed development will continue that use and is considered suitable in the locality.
Access, transport and traffic
The proposed access arrangements for the site were the subject of much discussion and debate in the original approval. It was accepted that the development would result in a potential for 3 dwellings to gain access to the Bucketts Way along the same access handle, equating to up to 20 traffic movements per day. This assessment lead to the application of consent condition No. 6, requiring that access handle to be fully bitumen sealed along the entire length. The s96 Modification initially sought to only seal to the “Y” junction however, Council have negotiated to allow sealing to the “Y” only prior to subdivision plan registration and then sealing of the “Y” junction to the boundary of proposed lot 106 prior to any building work occurring on that lot. This would require the imposition of an 88B Restriction on the title to ensure that work was done and that any prospective purchaser of the land was aware of that requirement. There is further discussion regarding this issue in the following sections of this report as it was a substantial issue raised during public exhibition of the proposal.
Services
There are sufficient services available to the site.
Heritage
No heritage items have been identified on the site.
Natural Hazards
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 8 The subject land is Bushfire Prone Land and is not currently identified as being flood affected. The area subject to the proposed development (proposed Lot 106 and access handle) is not Bushfire Prone land and consists of open, grazing paddocks.
Man-Made Hazards
There are no known man-made hazards associated with the site.
Economic Impact in the Locality
The proposed development will have a positive economic impact in the locality through the provision of a variety in land/housing choice and better responds to current market conditions.
Social Impact in the Locality
The proposed development will have a positive social impact in the locality through the introduction of a variety of housing choices.
Other Land Resources
The proposed development will not impact on the agricultural value of the land.
Pollution and Off-site Environmental Effects
Storm and waste water will be managed as part of any further improvement of the land (dwelling applications for structures on the approved lot(s)).
Flora and Fauna
There are no recorded Threatened Species, endangered populations or ecological communities on the subject land. There is little, sparse vegetation on the subject site that is unlikely to provide habitat value or contribute to wildlife corridors. There is no removal of vegetation in association with the proposed amendment.
Noise and Vibration
There are no significant noise and vibration impacts associated with the proposal.
Energy Impacts
There are no significant energy impacts associated with the proposal.
Site Design and Internal Design
The proposed lot arrangement and design is considered suitable.
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 9 Construction
Construction impacts association with the proposed development are considered to be within acceptable standards.
Cumulative Impacts
The proposed development is considered to be inoffensive and is unlikely to result in detrimental cumulative impacts in the locality.
(c) The suitability of the site for the development
The subject land currently contains infrastructure suitable for the use proposed.
(d) Any submissions made in accordance with this Act of the Regulations
The proposed development was notified to adjoining landowners for a period of 14 days from 05 June 2014 to 20 June 2014. Six (6) submissions were received during the exhibition period (Attachment 3).
The issues raised in the submissions relate to:
Dust
Concerns were raised about dust that is both currently generated from traffic along the access road and the potential for this to be exacerbated due to the proposal to remove/modify condition No. 6. These concerns have been addressed through the requirement to bitumen seal the road to the “Y” junction as an amendment to Condition No. 6 and the introduction of a further condition requiring the bitumen sealing from the “Y” junction to the boundary of proposed lot 106 prior to the construction of any buildings on proposal lot 106, by way of a restriction on the title (Attachment 4).
Landscaping
A request was made that the landscape buffer on the boundary of proposed lot 106 be required to be established prior to registration of the plan to ensure landscaping is of a sufficient height prior to construction of a dwelling on that lot.
Condition No’s. 2, 3, 4 and 5 of the original consent deal with the requirement for landscaping on the subject land:
2. A detailed landscape plan is to be submitted for approval prior to the issue of a Building Permit/Construction Certificate. This plan is to indicate the location of all paved and landscaped areas, type of species to be planted, and is to state the mature height and spread of all proposed trees, shrubs and ground covers.
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 10 3. The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans.
4. All landscaping is to be completed within 3 months of completion of construction, or occupation of the development, whichever is sooner.
5. A security deposit or bank guarantee is to be lodged with Council to issue of a Construction Certificate. The amount of the landscaping bond is to be equal to the greater of two quotations submitted by the applicant for the construction and first year’s maintenance of the completed work, as carried out in accordance with the approved plan, or $1,000, whichever is greater. Council will not accept private construction and maintenance contracts in lieu of a monetary bond.
Refund of the bond is permitted in two stages, being at completion of construction and at the end of the maintenance period.
In the event that work is not carried out in accordance with the approved plans or not successfully maintained for a period of twelve months after completion, the bond will be fortified and Council will proceed to complete the work.
It is considered that the application of these conditions satisfactorily addresses concerns raised regarding landscaping.
There was also a request to extend the landscape buffer along the boundary of Lot 15. The landscape buffer was put in place to protect privacy impacting from any potential dwelling on proposed lot 106 to adjoining lots, particularly lot 16 as this lot would experience the most potential impact. It is not considered warranted to extend the landscape buffer as privacy to dwellings beyond lot 16 have privacy protected through distance and setbacks.
Access from Thunderbolts Way
Concerns were raised regarding the current condition of the access handle onto Thunderbolts Way. The access point is not clearly defined or constructed and creates a safety hazard for traffic as vehicles negotiate entry/egress of the site.
This issue has been subject of discussions with Council staff, resulting in the submission of the Plan of Proposed Intersection Upgrade & Landscaping Entrance to Lot 104 DP 1093743 (Attachment 2), which will be referenced as part of the proposed consent conditions (Attachment 4).
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 11 Current use of Lot 107 as short term holiday accommodation & traffic impacts associated with that
There is concern that the dwelling situated on Lot 107 is being used as holiday accommodation and that has resulted in additional traffic along the access handle with associated safety and dust concerns.
It is considered that the proposed consent conditions (Attachment 4) will adequately address those concerns through requirements for sealing of the access handle and formalising the intersection arrangement onto Thunderbolts Way.
Right of Way
There is concern regarding the proposed Right of Carriageway not correctly identifying the appropriate lots burdened/benefited. Consent condition No. 11 effectively deals with the Right of Carriageway issue.
Bushfire
Concerns were raised about bushfire potential and inequity of conditions applied to adjoining property owners. Bushfire was considered as part of the original process. The proposed modification does not alter the original assessment of bushfire as it does not introduce any new or adverse conditions.
(e) The public interest
The proposed development is consistent with current public policy and community interests.
Financial and Resource Implications There are no financial and resource implications associated with the proposed development for Council.
Risk Considerations Risks associated with the proposed development have been addressed in previous sections of this report.
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Attachments 1. Approved Subdivision Plan 2. Proposed Subdivision Plan 3. Submissions 4. Proposed Consent Conditions
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Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 29 Attachment 4 – Conditions
Amend the following condition as follows:
Development is to be in accordance with approved plans
1. The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated 13/08/2014 and authorised signature, and set out in the following table except where modified by any conditions of this consent.
Plan No/Supporting Version Prepared by Dated Document
Plan of Proposed DWG2266_intn CalCo Surveyors Pty Ltd 02/06/2014 Intersection Upgrade & Landscaping Entrance to Lot 104 DP1093743
Plan of Proposed Road DWG2266A_trackseal CalCo Surveyors Pty Ltd 02/06/2014 Sealing Lot 104 DP1093743
Plan of Subdivision of Lot DWG2266DA_MOD CalCo Surveyors Pty Ltd 02/06/2014 104 DP1093743
In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.
Traffic/Roads/Footpath
6. Construction and bitumen sealing of the existing access roadway from the edge of the bitumen on Thunderbolts Way to the “Y” junction as indicated on DWG2266A_trackseal shall be in accordance with Council’s “Standard Conditions for Engineering Works”.
Insert the following condition:
88B Restriction as to User
17. An 88B Restriction as to User is to be placed on the title of proposed Lot 106 requiring the full construction of the bitumen seal road from the “Y” junction to the boundary of proposed Lot 106 in accordance with Council’s “Standard Conditions for Engineering Works” prior to any building works occurring on the land.
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2.3 Application for On-Site Sewage Management System - 47 Jacks Road, Gloucester
Report Author: Environmental Health and Building Surveyor
Responsible Officer: Manager Planning and Environment
Executive Summary
Council has received an application to construction an on-site sewage management system at Lot 11 DP 1157668 - 47 Jacks Road, Gloucester. The subject land is located within an area that is serviced by MidCoast Water’s low pressure reticulated sewer. Historically Council’s policy has been to require connection to the reticulated sewer network if it is available. MidCoast Water has also indicated that the lot must be connected to the reticulated sewerage network. The applicant has several reasons as to why he believes it is not an option to connect to the reticulated sewer system. It is recommended that the application be refused and the applicant required to connect to the reticulated sewerage system.
Recommendation
That Council support MidCoast Water's request for refusal of the application and a requirement that the subject land be connected to the reticulated sewerage system.
Detailed Report
The subject land is Zoned R5 Large Lot Residential and is 4410m2 in area and contains a rural shed, stables, outdoor deck (including roof), gazebo and large water feature. A two bedroom dwelling has also been approved but not yet constructed on the site. Sewer is available to the mentioned lot. Due to the nature of the sewer main in that area if the property was to connect to the sewer a pressure sewer pump (grinder pump) would be required to be installed.
The applicant in this case would prefer the management of the waste on site by use of an on- site wastewater system. The applicant proposes to only use solar power on the site which would not be able to provide the required electricity for a grinder pump if it was required to be installed. The applicant did seek quotes for the installation of power to the lot which may exceed $40k. (Email attached)
The application for the on-site sewage management system has been accompanied by a report that has been prepared by Geotechnical Engineer Mr J Everitt of RCA Australia (Attached). Section 9 of the report details several systems that satisfy the requirements of AS1547-2012 – On-site Domestic-Wastewater Management and the Environment & Health Protection Guidelines for Single Households 1988.
In accordance with report the applicant is seeking approval to install an on-site sewage management system which includes the following components:
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 31 A septic tank for the treatment of greywater which is to be disposed of by way of sub- surface drip irrigation; and A septic tank for the treatment of black water which is then disposed of to an evaporative transpiration area.
Before MidCoast Water was the Local Authority, Council’s policy was to require a property that has reticulated sewer available to connect to the service. Now MidCoast Water is the Authority the connection requirement is up to them.
Under the Local Government Act 1993 MidCoast Water have the power to make an owner connect to their sewer infrastructure if the property is located within 75m of the service. MidCoast Water in this case have outlined that they will require the owner to connect should the dwelling be constructed. (Letter attached)
An assessment of the application indicates that the proposed facility could be constructed on- site and meet technical requirements for disposal of treated effluent. However given Council is a previous policy and MidCoast water's current requirement for connection to the sewer, it is recommended that the application be refused and the proponent required to connect to the reticulated sewer.
Financial and Resource Implications
There are no financial implications for Council in regard to this matter.
Policy Implications
There are policy implications in regard to this report.
Risk Considerations
There are no risk implications in regard to this report.
Statutory/Regulatory Considerations
There are no statutory/regulatory implications in regard to this report.
Attachments
1. Letter from MidCoast Water
2. Geotechnical Report
3. Electricity Quote
4. Letters of Support
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Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 87 2.4 Review of Councils decision on Fees and Charges at the Landfill
Report Author: Environmental Services Co-ordinator
Responsible Officer: Manager Planning and Environment
Executive Summary
In adopting the schedule of fees and charges for 2014/15 Council resolved to not introduce the proposed additional fees from 1 September for the general public. It was noted that an additional report would be submitted to Council specifically on this issue prior to Council resuming management of the landfill. Council's financial modelling established that Council management with fees as the best option for future management. Introduction of such fees will also provide greater equity between charges for users of the landfill between rural and urban households, and will provide a stimulus for better waste behaviour by encouraging landowners to sort waste prior to it being taken to the landfill. It is recommended that Council introduce the fees proposed as advertised in the operational plan.
RECOMMENDATION
1. That Council introduce the proposed and advertised fees for the landfill as detailed in the attached schedule. 2. That Council establish a waste management committee to review ongoing implementation of the waste management strategy and management of the landfill, and nominate a councillor representative.
Detailed Report
The current contract at the Gloucester landfill expires on 1 September 2014. In preparing for a new contract, Council commissioned Mike Richie & Associates (MRA) to prepare a high level business model of the landfill and waste within the Shire and to make recommendations regarding pricing policy, valuation, infrastructure and grant opportunities. This report highlighted the need for Council to:
Appropriately incorporate all costs into landfill pricing to:
. cover the real costs of operation . provide a gate fee which ensures that Council meets the obligations of competitive neutrality . ensure current users pay their way and meet the same obligations as future users . cover the costs of asset replacement and post closure obligations . meet the minimum standards of landfill operations
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 88 . achieve a 10% return on capital employed Modify the existing landfill budget and management strategies to implement best practice landfill operations and to ensure that the facility does not generate unfunded financial liabilities Create an independent landfill budget and a separate waste budget Implement a user pays system to prevent compensating business streams with domestic waste streams Review the operational costs associated with recycling activities to ensure the gate fee charged is sufficient Commence charging all users to dispose of waste to the landfill Commence making provisions for future expenditures to avoid the need to overcharge future users or rate payers to cover unpriced liabilities Review the revenue obtained through household rates to ensure they accurately reflect the costs associated with household waste disposal Minimise the use of the waste cleansing charge (general rates) to subsidise the operation of the landfill with a move to user pays pricing. This will send the appropriate price signals to landfill users to encourage recycling and landfill recovery. MRA strongly recommends the purchase of a weighbridge
A copy of the report is attached for the information of councillors.
On the recommendations from MRA’s report, Council staff modelled scenarios around a Council versus a contractor run landfill, with and without fees. It was found from these four models that it was more efficient for Council to run the landfill than for a contractor to manage the site, either with or without fees, as shown in the following table;
Option 2015 2016 2017 2018 Council without fees 154,304 196,832 202,373 208,819 Council with fees -176,080 -201,293 -207,332 -213,552 Contractor without fees 137,371 200,727 206,749 212,952 Contractor with fees -92,458 -168,134 -173,178 -178,374
In April 2014 a budget workshop was held for Councillors in which the issues regarding waste were raised and discussed. The issues raised were the rising costs of waste management, how waste is funded in Gloucester, the issues at the landfill and the options for future management. These issues can be summarised below:
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Cost of waste from 2001 to 2014 1500000
1000000
Dollar amount 500000
0 1 3 5 7 9 11 13
Waste in Gloucester has been financed historically by three types of fees and charges, with grant money also contributing. The first two waste charges are the Domestic Waste Management Charge (DWMC) and the Waste Management Charge (WMC) which are both charged through the rates as a waste management fee. The WMF is charged to those who have a kerbside bin service. The gate fees are paid at the landfill on arrival.
Graph 2: Revenue for the Waste Function in FY 2013/14
1400000 1200000 1000000 800000 600000 400000 200000 0 WMC DWMC Gate Gov. charges funding
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• The waste levy will increase annually and as such the cost of waste will increase over time. There are further budgetary demands on the waste section which will require financing (expansion into the quarry, licensing requirements, environmental requirements etc) • Inequitable charging- modelling suggests that kerbside residents will pay approximately $616 a service by 2016. Neighbouring Councils pay significantly less. • Heavy users of the facility do not carry costs related to their needs, and have their activity subsidised by lesser users of the facility. • Current system does not encourage recycling
The options for the increase in the costs of waste were:
• Increase the charges in the rates • Implement gate fees at the landfill • Combination of the above The introduction of gate fees has a number of specific benefits; • it focuses costs on a user pays basis so that heavy users of the facility carry costs related to their needs, and do not have their activity subsidised by lesser uses of the facility. • Paying for waste disposed to landfill is likely to encourage people to sort their waste so that they can maximise the amount into recycle/reuse streams which are not charged. • At present, the rural households have the benefit of urban households substantively covering the costs of the waste levy. By paying fees at the gate for their use, there will be a much more equitable sharing of the levy costs. • Gate fees will bring Gloucester in line with all other waste regulated regional Councils in NSW • There is the potential negative impact of fees and charges of encouraging an increase in illegal dumping
Two options were canvassed: Option 1: no change to the current system • The Waste Management Charge (kerbside pickup fee) would increase from $509 in FY2014 to $570.08 in FY 2015 and $616 in FY 2016. The waste unit as a whole would break even. There would be no capital improvements. Further, the DWMC would increase by 40% over two years- from $77 to $92.40 in FY2015 and $110.88 in FY2016. Option 2: introduction of gate fees at the landfill • Introduce user pays gate fees at same rate as charged presently. DWMC to increase by 20% in FY 2015. Allows for improvements and depreciation at the landfill. WMC remains the same.
In June 2014, Councillors passed the majority of the budget, including upgrades at the landfill which were based on fees and charges being introduced on 1 September 2014. Without the introduction of fees and charges at the landfill, the operation of the landfill will need to be subsidised through any capital reserves or from the general rates. This is not desirable.
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Current and proposed fees
Council currently charges fees for commercial businesses and non-residents taking waste to the landfill. No fees are charged for householders depositing waste. The significant burden of costs for operation of the landfill lies with urban householders who are paying both a waste management charge ($92.40) and the domestic waste management charge ($509). Rural households are only paying the waste management charge of $92.40
The intended introduction of fees would substantively impact on rural households. Ongoing review of landfill operations over the first six months of Council management will enable the fees and charges to be reviewed again in 2015. If the introduction of the Weybridge achieves the level of reduction in waste levy anticipated, Council may well be able to reduce household fees and charges in the 2015/16 Budget. The proposed fees are shown in the attached table.
The benefits of introducing these fees from an operational management point of view are as follows; it addresses the inequity of costs of waste disposal between rural and urban households it encourages the sorting of waste by rural householders. Recyclable products are free to deposit at the landfill. Urban households are currently encouraged to sort waste into the red yellow and green bins. Fees would be payable on use, with higher users paying greater fees for use of the facility. The charging of fees aligns with all landfills in levied rural New South Wales who charge fees for placement of waste.
Management Arrangements
There are a significant number of variables affecting the overall operation and financial performance of the landfill including;
actual quantities of waste received (able to be measured on the weighbridge) versus deeming rates (which has been historically applied) behaviour of local households and commercial properties in sorting waste prior to their position at the landfill or in the coloured bins effective management of recycled waste streams price structures for recycle products (e.g. metal, glass etc) legislative changes ability to find sustainable and effective management process for green waste including reduction in contamination of this waste stream
Given the amount of change going on in regard to how waste is managed and in particular legislative changes from the State government, it is highly desirable that Council is in the position of effectively managing the facility from 1 September.
It is proposed that Council establish a waste management committee comprising a councillor and relevant staff to oversee changes during the next 12 months. This committee can receive
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 92 management reports and monitor ongoing activity at the landfill as we go through the going changes demanded by best management practices and legislative changes.
Alignment with Strategic Plan/program
The proposed introduction of fees aligns with Council’s Strategic Objective of managing the sustainable disposal of waste, and including the following specific actions of the 2014/15 Operational Plan;
Implement the adopted Waste Management Strategy’s Strategic Action Plan Manage the operation of the Gloucester Landfill to ensure compliance with licence requirements and industry best practice
Financial and Resource Implications
Council has included $185,730 in the current Budget as income from the proposed fees. The decision in June to not proceed with the fees for other than business and non-residents will reduce the anticipated income by about $150,000. This loss of income would need to be either made up against operational costs from capital reserves or from general rate revenue.
Policy Implications
There are no identified policy implications for Council associated with the recommendation.
Risk Considerations
There are no particular risk considerations for Council in regard to this issue.
Statutory/regulatory Considerations
There are no identified statutory or regulatory implications for Council associated with the recommendation.
Attachments
1. MRA report on fees and charges 2. Proposed schedule of fees and charges to apply from one September 2014
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Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 101 Gloucester Landfill Fees and Charges 2014/15 without weighbridge
Item Details Term GST Rate Domestic waste Garbage weekly, recycling and organics fortnightly-dwellings in service area Annual exempt $509.00 Commercial Waste Garbage weekly, recycling and organics fortnightly-industrial/commercial properties Annual exempt $509.00 Additional Garbage bin Annual exempt $187.00 Recycling bin Annual exempt $175.00 Organics bin Annual exempt $175.00 Landfill Operation Charge For each property in LGA (Assessment No.) Annual exempt $92.40 Landfill Gate Fees Unsorted General Waste or Asbestos Class 2 Half mobile garbage bin taxable $10.00 Car boot, mobile garbage bin taxable $20.00 Ute, wagon, small trailer (7x4 or less) taxable $40.00 Large trailer (greater than 7x4) taxable $77.00 Single rear axle (up to 1 tonne) taxable $204.00 Single rear axle (up to 3 tonne) taxable $612.00 Tandem rear axle (bogie drive)(up to 6 tonne) taxable $1,224.00 Tandem rear axle (bogie drive)(up to 8 tonne) taxable $1,632.00 Tipping semi trailer (up to 15 tonne) taxable $3,060.00 Sorted General Waste or Treated Timber or Bricks/Tiles/Concrete Half mobile garbage bin taxable $4.00 Car boot, mobile garbage bin taxable $8.00 Ute, wagon, small trailer (7x4 or less) taxable $24.00 Large trailer (greater than 7x4) taxable $43.00 Single rear axle (up to 1 tonne) taxable $135.00 Single rear axle (up to 3 tonne) taxable $405.00 Tandem rear axle (bogie drive)(up to 6 tonne) taxable $810.00 Tandem rear axle (bogie drive)(up to 8 tonne) taxable $1,080.00 Tipping semi trailer (up to 15 tonne) taxable $2,025.00
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 102 Recyclable products and materials Clean Green Waste or Commercial Recycling nil Plastics nil Class nil Cardboard/paper nil Paint nil Gas bottles nil Motor and vegetable oils nil Batteries nil Scrap metal nil Mobile phones nil Fluorescent lights nil E-waste nil Animals Small e.g. Dog, cat each taxable $8.00 Medium e.g. Sheep, goat each taxable $70.00 Large e.g. Horse, cow each taxable $150.00 Tyres Motorcycle taxable $3.00 Car taxable $4.00 Car on rim or 4x4 or light truck tyre taxable $8.00 4x4 or light truck on rim taxable $14.00 Heavy truck taxable $18.00 Heavy truck on rim taxable $24.00 Super singles taxable $34.00 Small tractor taxable $34.00 By Large tractor, other (earthmoving) taxable assessment Mattresses or bases Each taxable $12.00 Clean fill (<40mm diameter) Per Tonne taxable $63.00
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Gloucester Landfill Fees and Charges with a weigh bridge Item Details Term GST Rate Domestic waste Garbage weekly, recycling and organics fortnightly-dwellings in service area Annual exempt $509.00 Commercial Waste Garbage weekly, recycling and organics fortnightly-industrial/commercial properties Annual exempt $509.00 Additional Garbage bin Annual exempt $187.00 Recycling bin Annual exempt $175.00 Organics bin Annual exempt $175.00 Landfill Operation Charge For each property in LGA (Assessment No.) Annual exempt $92.40 Landfill Gate Fees Unsorted General Waste or Asbestos Class 2 Half mobile garbage bin taxable $10.00 Car boot, mobile garbage bin taxable $20.00 Ute, wagon, small trailer (7x4 or less) taxable $40.00 Large trailer (greater than 7x4) taxable $77.00 $204.00 Trucks taxable per tonne Sorted General Waste or Treated Timber or Bricks/Tiles/Concrete Half mobile garbage bin taxable $4.00 Car boot, mobile garbage bin taxable $8.00 Ute, wagon, small trailer (7x4 or less) taxable $24.00 Large trailer (greater than 7x4) taxable $43.00 $135.00 Trucks taxable per tonne Recyclable products and materials
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 104 Clean Green Waste or Commercial Recycling nil Plastics nil Class nil Cardboard/paper nil Paint nil Gas bottles nil Motor and vegetable oils nil Batteries nil Scrap metal nil Mobile phones nil Fluorescent lights nil E-waste nil Animals Small e.g. Dog, cat each taxable $8.00 Medium e.g. Sheep, goat each taxable $70.00 Large e.g. Horse, cow each taxable $150.00 Tyres Motorcycle taxable $3.00 Car taxable $4.00 Car on rim or 4x4 or light truck tyre taxable $8.00 4x4 or light truck on rim taxable $14.00 Heavy truck taxable $18.00 Heavy truck on rim taxable $24.00 Super singles taxable $34.00 Small tractor taxable $34.00 By Large tractor, other (earthmoving) taxable assessment Mattresses or bases Each taxable $12.00 Clean fill (<40mm diameter) Per Tonne taxable $63.00
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 105 2.5 Bird Research in Gloucester
Report Author: Environmental Services Coordinator
Responsible Officer: Manager Environment and Planning
Executive Summary
The University of Newcastle will be conducting research in to the behaviour of birds in and around nesting boxes within the Gloucester Township. This research will take place over two years, starting September 2014. Nesting boxes will be hung in trees in Billabong Park and within street trees in Gloucester. It is recommended that Council receive and note this information.
Recommendation
That the information regarding installation of nesting boxes for research in public reserves in Gloucester be received and noted.
Detailed Report
A researcher from the Comparative Cognition Laboratory at the University of Newcastle will be undertaking a bird research study in Gloucester over two years. The aim of the study is to observe birds’ interactions in and around nests. 16 nest boxes will be hung in trees in Billabong Park, and a number of street trees around Gloucester. As a part of the study the researchers will be filming the nests with a camera on a long pole, playback bird songs may be heard and a taxidermy mount of a bird may be seen in the tree. Letters will be distributed to residents who may have these boxes in their neighbourhood. The study will commence at the beginning of September 2014.
Alignment with Strategic Plan
Aligns with Objective 1- provide effective environmental management in the Gloucester region
Financial and Resource Implications
There are no financial or resource implications for Council in regard to this matter.
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Policy Implications
There are no policy implications for Council in regard to this matter.
Risk Considerations
The research project has been approved by the University of Newcastle Animal Ethics Committee. General and Product Liability Protection and Group Personal accident Insurance have been sighted.
Statutory/Regulatory Considerations
There are no statutory/regulatory considerations for Council in regard to this matter.
Attachments
Nil.
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 107 2.6 Acquisition of Compactor for Use at the Gloucester Landfill
Report Author: Manager Planning and Environment
Responsible Officer: Manager Planning and Environment
Executive Summary
This report details the examination of the market for a compactor for utilisation in compacting waste at the Gloucester Landfill. The report includes a recommendation for acquisition of a Tana compactor within Council's budget allowance included in the 2014/15 Budget.
Recommendation
That due to the limited availability of machines in the second hand market, Council agrees to the purchase of a Tana Waste Compactor from GCM Enviro Pty Ltd for the price of $180,000.
Detailed report
Council's Budget includes $200,000 for purchase of a compactor for use in the upgraded landfill when Council resumes management of the site. Under current contract arrangements with JCT, compaction and coverage of the tip face is undertaken by a traxcavator, which has proven somewhat unsuccessful in achieving good compaction at the site. The traxcavator has been provided at additional cost to the initial contract with JCT at Council's request.
It was identified in the Waste Strategy and through the Budget process that the landfill operation would acquire the capital equipment necessary to carry out the operation of the landfill. Council’s Depot team can provide maintenance and servicing at cost to this business unit. A review team comprising waste management, engineering and depot servicing staff was established and tasked with examining the market to find the most appropriate machine within Council's budget for the purpose required.
Mark Gorton and Sean Sanders (Council’s Operation’s Supervisor and mechanic) have provided valuable assistance in examining the market and in examining possible machinery for Council to acquire. Compactors are produced by a limited range of suppliers including
Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 108 Caterpillar, Bomag and Tana. Each product has separate advantages and disadvantages, but on review the Tana was identified as the most appropriate compactor given the following design advantages;
the machine achieves very effective compaction of fill material with two single axle rollers with compaction teeth on a rigid frame vehicle. The heavy weight of the machine achieves maximum compaction with fewer passes, less fuel and time and reduced cover material requirements. We need to establish KPI’s targeted at machine operation to achieve improved compaction outcomes (e.g. number of passes, hours of operation, consumption of landfill void etc.) good cabin ergonomics with triple laminated safety glass to ensure safe and effective operation use of a Cummins diesel engine, and computer-based operating and diagnostic systems for operation, critical events advice, performance monitoring and servicing requirements servicing efficiency, given ease of access to engine and operating systems from a service platform around the vehicle. Servicing can be achieved by Council staff or the supplier.
The new purchase price of these vehicles exceeds the Council’s available capital and therefore a review of the second-hand market was undertaken. A Tana Gx 452 2007 model was identified as being available from GCM Enviro Pty Ltd based in Mt Kuring-Gai, Sydney. The Managing Director, Daniel Kastowsky visited Gloucester to advise of the machine and advantages of its use. A quotation of $180,000 for acquisition of this machine delivered to the Gloucester Landfill has been obtained. Attached are details of the machine and its design features.
There are a limited number of vendors in the market for second-hand landfill compactors which has made finding a suitable machine somewhat difficult. To that extent it is recommended that Council utilise s.55 (3) (i) of the Local Government Act and accept the recommended quotation.
Councils Depot team visited the Sydney office of GCM and were impressed with the professional presentation of the business. They also inspected a recent Tana acquired by Dungog Shire Council and spoke to the council operators there. They stated their high satisfaction with the machine for achieving effective compaction of waste deposited at the landfill. The machines are noted as having a long usable life and good resale value.
The quote includes;
Six-month warranty and service of the machine. Availability in September (they will supply another machine if this machine is not ready at 1 September to meet our needs – at no cost Council). Purchase Price free of delivery costs. Training
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Alignment with Strategic Plan/program
The proposed acquisition of this item of plant aligns with Council’s Strategic Objective of managing the sustainable disposal of waste, and including the following specific actions of the 2014/15 Operational Plan;
Implement the adopted Waste Management Strategy’s Strategic Action Plan Manage the operation of the Gloucester Landfill to ensure compliance with licence requirements and industry best practice
Financial and resource implications
Council has included $200,000 in the current budget for acquisition of this machine. There is a saving of $20,000 against the budgeted amount.
Policy implications
There are no identified policy implications for Council associated with the recommendation.
Risk considerations
There are always risks associated with buying second-hand machinery, however the advice from Council's Depot staff is that the machine is a quality product, it is to be reviewed and serviced prior to supply to Council, and is subject to a six-month warranty, which is better than is usually provided in this market.
Statutory/regulatory considerations
There are no identified statutory or regulatory implications for Council associated with the recommendation.
Attachments
1. Details of the plant item covered by the recommendation.
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Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 117 3. Finance Services Report
3.1 Investment Report as at 28th July 2014
Report Author: Finance Manager
Responsible Officer: Finance Manager
Executive Summary
Council is required to adopt the monthly report on its holding of cash and investments held at the end of each month in accordance with the Local Government Code of Accounting Practice and Financial Reporting.
Recommendation
Council notes the investments summary report to 28th July 2014 and endorses actions taken by the Responsible Accounting Officer in respect of investments since the June 2014 Council meeting.
Detailed Report
All Investments for the month of June have been made in line with the adopted investment policy.
Council purchased one CDO investment with Commonwealth bank in 2007 worth $500k. Since this time the investment's value has been reduced to zero. Council has instructed Piper Alderman through International Litigation Partners Pty Ltd on a no win no fee basis to try and re- coup the lost investment.
The case went to mediation on 8 October 2013, and again on the 9th April 2014, and no settlement has been made. Mediation is still on-going with a likely settlement to be agreed by Council on Piper Alderman's advice in the near future. No final figure is available at this time.
Council has fully written down the investment to a zero balance.
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Alignment with Strategic Plan/Program
Direction 5, Objective 1: Ensure sound local governance practice
Financial and Resource Implications
Council endeavors to make the most of the cash it holds through investments keeping within the limits of the Investment policy.
Policy Implications
No implications
Risk Considerations
All risks set out in the investment policy have been considered.
Statutory/Regulatory Considerations
Financial Reporting Regulations under the Local Government Act require Council to be advised of the detail of Investments held by it at the end of each month to endorse actions taken by the Responsible Accounting Officer.
Attachments
1. Investments as at 28 July 2014
Finance Services Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 119 INVESTMENTS AS AT 28th July 2014 On Call Previous Investments Month As at Date Current Rate Borrower Rating Cash Account Market Value 31/07/14 (last w orking day) 2.40% CBA AAA $711,561 20.56% $529,461 31/07/14 2.40% CBA (Business Saver) AAA*/A1+ $0 $0 0 Sub total $711,561 $529,461 Term Deposits Due Date Length (Days) Current Rate Borrower Rating Principal Value Market Value Portfolio % 12/08/14 77 3.50% Bank of Queensland A2 $250,000 $250,000 7.22% 16/09/14 91 3.65% Bank of Sydney Unrated $250,000 $250,000 7.22% 09/09/14 63 3.30% National Australia Bank A1+ $250,000 $250,000 7.22% 19/08/14 77 3.45% National Australia Bank A1+ $250,000 $250,000 7.22% 30/09/14 89 3.55% Wide Bay Australia a2 $250,000 $250,000 7.22% 05/08/14 84 3.55% Wide Bay Australia A2 $250,000 $250,000 7.22% 23/09/14 70 3.25% National Australia Bank A1+ $250,000 $250,000 7.22% 30/09/14 63 3.15% National Australia Bank A1+ $250,000 $250,000 7.22% 09/09/14 91 3.55% Wide Bay Australia A2 $250,000 $250,000 7.22% 02/09/14 84 3.65% Bank of Sydney Unrated $250,000 $250,000 7.22% 26/08/14 77 3.35% ME Bank A2 $250,000 $250,000 7.22% Sub total $2,750,000 $3,000,000 2.66% Average BBSW Benchmark Rate for the month 2.72% 3.36% Council's average(includes cash) 3.15% Total $3,461,561 $3,529,461 POLICY LIMITS Per rating Policy Limit Actual Per single institution Policy Limit Actual (Largest) A1+ or above 100% 49% *A1+ or above 50% 36% A1 or below 60% 51% A1 or below 33.30% 27% Unrated 20% 14% Unrated 33.30% 18% * does not include current account In accordance with Local Government (General) Regulation 2005 - paragraph 212, I certify investments have been made in accordance with the Act, the Regulations and Council's Investment Policy. Susie Jones
Responsible Accounting Officer Gloucester Shire Council
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3.2 2013-2014 Financial Statements Referred to Audit
Report Author: Finance Manager
Responsible Officer: Finance Manager
Executive Summary
Council is required to refer the Financial Statements for the year ended 30 June 2014 to audit and to sign a statement on its annual financial reports. This report will also replace the fourth quarter budget review statement.
Recommendation
That the attached Financial Statements for the 2013/14 financial year be referred to audit, and the Statement by Councillors and Management be signed.
Detailed Report
Section 413 of the Local Government Act (1993) states that 'A Council must prepare financial reports for each year, and must refer them for audit as soon as practicable (having regard to the requirements of section 416 (I)) after the end of that year.' and
'A council's financial reports must include: a) a general purpose financial report, and b) any other matter prescribed by the regulations, and c) a statement in the approved form by the council as to its opinion on the general purpose financial report.
For the FY2014 financial year Council has used a new template to ensure it complies with all regulatory changes and attempts to present the statements in a more user friendly format. Main changes can be seen in note 1 to the financial statements, and Note 4 where expenses previously entered under 'Other Services' have been split out into greater detail.
The statements also include the new note 27 which details how the fair value for Council's assets stated at fair value were derived. Please note this is a cumbersome note for which
Finance Services Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 121 Council's and Auditors have had little guidance on what is expected, therefore included in the draft financials is our interpretation of expectations and could easily be subject to change.
However any changes to this note will not affect the final dollar values for Council's assets.
The draft unaudited financial statements prepared for the year to 30 June 2014 show that Council made a loss of $3,194k compared to an original budgeted gain of $6,909k.
A reconciliation of the differences are as follows:
$ 000's
Budgeted Result: 6,909 Less A) Operating Grants budgeted not received (1,205) B) Capital grants budgeted not received (7,212) C) Increase in Depreciation expense (2,900) D) Increase in Other expenses (810) Plus E) Gains from disposal of assets over budgeted 2,024
Actual Result (3,194)
Revenue:
A) Operating Grants - the $1.2k difference to budget is mainly due to not receiving the FAG grant upfront. B) Capital Grants - included in this figure is the $8m Buckets Way Upgrade funding which the Federal Government put on hold, and has now asked Council to resubmit its application to receive the funding. It is now expected to be received in the current financial year and has been included as a carry forward into the budget. E) Gains from the disposal of assets is much higher than the initial budget due to all the Reeves estate sales which have been negotiated during the year, which were not expected at the beginning of the year.
Expenses
C) The revaluation of Roads Bridges and Footpaths during the year lead to an increase in depreciation expense worth $2.9m over budgeted (from $4.9m to $7.8m)
D) The $600k variance between budgeted employee costs and actual are due to the residual flood damage work, and other granted projects which were carried over from the FY2013 year, and not included in the initial FY2014 budget. It is not due to taking on more employees, as stated in note 4 our number of equivalent full time staff has dropped from 88 down to 86, and has dropped compared to the FY2013 year.
Finance Services Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 122 Also note that the flood damage work was completed in the FY2014 year and there are not corresponding operational carried forward balances which have come into the FY2015 year.
Council's auditors will be on-site from the 28-30 August 2014. Council should receive an audit report after this date. Any material changes made by the auditors will be reported to Council.
The final Financial statements will include the Special Schedules which are unaudited. The Special Schedules include a detailed analysis of Councils expenditure and income by function, and also a schedule of required maintenance for each asset class. These schedules will be presented to Council once the General Purpose Statements have been audited.
Once the audit report has been issued, Council will submit a copy of the statements to the Department of Local Government, and also in accordance with section 418 of the Local Government Act 1993 advertise a summary of the results in the Gloucester Advocate and publish a complete set of statements on its website. A full copy of the statements will also be available at the Administration centre and at the library.
It is now recommended that Council sign a master copy of the Statement by Councillors and Management and that Council resolves to refer the financial statements to audit.
Alignment with Strategic Plan/Program
Direction 5, Objective 1: Ensure sound local governance practice
Financial and Resource Implications
There are no further financial resource implications to this report other than staff time.
Policy Implications
The presented financial statements have been made in line with Councils internal policies as listed in note 1 of the report.
Risk Considerations
Although Council has made every effort to ensure the accuracy of the reports, the financial statements remain as draft statements until the final audit report is signed.
Statutory/Regulatory Considerations
Preparation and referral to audit of the financial statements are in line with local government legislation.
Finance Services Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 123
Attachments
1. Draft General Purpose Financial Statements for the year ended 30 June 2014 (attached separately to the Business Paper).
Finance Services Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 124 4. Technical Service’s Report
4.1 Offer to Purchase Council Land – Stratford Coal
Report Author: Survey, Design and Property Officer
Responsible Officer: Manager Technical Services
Executive Summary
Stratford Coal Pty Ltd has made an offer to Gloucester Shire Council to purchase three parcels of land in the Stratford Coal mine area.
Recommendation
1. That Council accept Stratford Coal Pty Ltd offer of $130,000 for Lot 1 DP 1185847, Lot 1 DP 1143188 & Lot 2 DP 1143188.
2. That Council maintains the previous resolution that all cost in relation to the closure be borne by the applicant.
Detailed Report
These parcels of land are now closed roads and are listed as operational land. The parcels of land are within the following registered Deposited Plan:
Lot 1 DP1185847 Lot 1 DP 1143188 Lot 2 DP 1143188
The combined area of land is 7.6946ha.
Financial Implications
Stratford Coal Pty Ltd has offered Council $130,000 for the three lots, but has placed a condition on the approval that they would reimburse Councils legal fees associated with the transaction, capped at $5,000.
A local solicitor had given an estimate which comes in under this capped $5,000.
Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 125 However, the resolution made by Council on the 17 June 2009 and 14 December 2011 regarding these road closures clearly states that “all costs be borne by the applicant”.
Strategic or Policy Implications
Complies with Council’s policies
Attachments
Nil.
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4.2 Tender for the Provision of Labour Hire Services
Report Author: Manager of Technical Services
Responsible Officer: Manager of Technical Services
Executive Summary
Council currently expends in excess of $150,000 per annum on labour hire services. The current contract has expired and Council is currently operating on an extension of the current program. Regional Procurement has undertaken an open panel source category by Council tender for the provision of labour hire services to participating HROC Member Councils.
This report details the tender process and recommends a 24 month contract, with an option to extend by a further 3 years.
RECOMMENDATION
1. That Council accept the tender for the provision of labour hire for Blue Collar Services from Labour Co Co-operative; and
2. That Council not enter into any tender agreements for the other categories,
ie Labour Hire White Collar, Recruitment Services ex fee or percentage of
salary and recruitment services hourly rate.
Detailed Report
Regional Procurement called an open panel source by category by Council tender for the provision of labour hire services to participating HROC Member Councils, in accordance with clause 166(a) of the Local Government (General) Regulation 2005.
Tenders closed at 10.00am on Tuesday 17 June 2014. Councils included in the tender and who signed a letter of participation were Port Stephens, Gloucester Shire, Singleton, Wyong, Maitland, Lake Macquarie City, Newcastle City, Dungog Shire, Cessnock City, Muswellbrook Shire and Upper Hunter Shire.
A total of 31 tenders were received.
Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 127 Tender Evaluation:
The tender evaluation was conducted on 24 July at the Hunter Councils Administration Centre and included representatives from Cessnock City Council, Maitland City Council, City of Newcastle, Singleton Council, Upper Hunter Council, Wyong Shire, Port Stephens Council, Lake Macquarie Council and representatives from the Regional Procurement Services.
Evaluation Methodology:
The evaluation criteria percentages, as agreed by all participating member Councils prior to the tender closing for the blue collar component was tender price 40%, demonstrated ability to support a broad range of blue collar labour 5%, staff allocated to account to have appropriate skills, qualifications and experience 5%; previous experience 5%, quality assurance 5%, ability to demonstrate workplace equity and diversity 5%, management performance training plan for staff provided to Council 5%; industrial relations policy and track records 10%, $0 higher provisions 10%, placement fee 10% - total 100%. A similar approach was undertaken for the provision of labour hire white collar and the recruitment services.
The panel tender determined that a tender submission would be passed over and not considered further where:-
1. The tenderer failed to provide evidence of compliance to the tender schedule questions; or
2. The response did not satisfactorily demonstrate compliance to the tender schedule of questions.
The panel therefore performed a culling process and as a result, the 31 tenders submitted were reduced to 8 fully conforming tender submissions.
Evaluations Results:
Based on the evaluation matrix, the results for the 3 highest scoring tenders for each category for Gloucester were as follows:-
Category 1 – Labour Hire Blue Collar
1. Labour Co-operative
2. Forsythes Recruitment
3. JHA
Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 128 Labour Hire White Collar
1. Labour Co-operative
2. Forsythes Recruitment
3. People Fusion
Category 3A – Recruitment Services - Fixed fee or percentage of salary
1. JHA Recruitment
2. People Fusion
3. Forsythes Recruitment
Category 3B – Recruitment Services – Hourly Rate
1. JHA Recruitment
2. Labour Power
3. Skilled Group
Contract Duration:
This contract is proposed to run for 24 months from 1 October 2014 to 30 September 2016. It is proposed to have three 12 month optional extension periods which may be taken up on satisfactory performance by the successful tenderer.
Labour hire rates will be adjusted in accordance with clause 3.4 of the general conditions of contact throughout the contract term and any applicable extension periods.
Tender Debrief:
Regional Procurement will formally invite all unsuccessful tenderers to make an appointment to discuss their respective tender submissions with a view to providing them with feedback on the tender process.
Report to Council:
In accordance with the Local Government Regulation 2005 – Part 7 Tendering – where expenditure on a tender exceeds $150,000 over the term of the contract, the Council must, by resolution, adopt a report accepting the tender recommendation.
Confirmation is thus required by Council of the tender recommendation prior to the successful tender being advertised.
Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 129 The detailed costing as provided by the 31 companies is available to Councils on request but, due to the consideration of commercial in confidence, it was not considered appropriate to provide this information in open Council forum.
Only one recommended tenderer for the provision of labour hire (Blue Collar) has been made as it was considered that for a small Council like Gloucester, it would be inappropriate to nominate more than one service provider.
Should that provider not be able to satisfy Council’s demands, Council then has the option of selecting any service provider for provision of labour.
It was further considered that Council’s demand for labour hire white collar and recruitment services, does not warrant formal adoption of a recommended provider.
Council’s current supplier of labour hire blue collar services has been Labour Co- operative. The services provided by this provider have proven to be most satisfactory.
Financial and Resource Implications
Council has traditionally undertaken an outdoor staffing strategy wherein engagement of permanent staff numbers are determined by the availability of a set known funding stream based on rates revenue and committed Federal and State grants. Council however generally receives additional funding in the form of grants and project income for numerous other projects. For example, Blackspot funding (now Road Toll Response), Roads to Recovery funding, RTA REPAIR funding, special bridge grants, special infrastructure grants, recreation grants, special boating grants etc. In addition, Council may undertake additional projects such as subdivisions and other developments funded from non rating sources and Council also undertakes private works which generates additional income and places further demand on Council’s resources.
Obviously, additional resources are required to satisfy these additional demands with Council having the option to either contract out these works or engage additional staff and undertake the works in house. Where the most efficient outcome has deemed to be utilising Council resources, Council’s permanent staff have been supplemented by the provision of labour hire resources. The adoption of the recommendation in this report will therefore provide Council with this economically attractive option as opposed to contracting out.
Alignment with Strategic Plan
The adoption of this recommendation will support Direction 1 of the Community Strategic Plan.
Policy Implications
There are no direct identified policy implications in relation to this matter.
Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 130 Risk Considerations
1. By Council engaging contract staff, there is a risk that Council can be deemed the employer under various scenarios. By entering into a tender agreement with a labour supplier such as Labour Co-operative, Council minimises the potential risk of having these employees deemed Council employees.
2. Adoption of the recommendations in this report gives Council a very viable option of choosing the most appropriate method of delivering a project or services, ie contracting out or delivering in-house.
Attachments
Nil.
Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 131 5. GENERAL MANAGER’S REPORT
5.1 Gloucester Pre-School – Request for Reduction in Rates
Report Author: General Manager
Responsible Officer: General Manager
Executive Summary
Council has received a request (copy attached) from the Gloucester Pre-School Incorporated for financial assistance in the sum of $940.80 for the 2014/15 rating period.
Detailed Report
In previous years, the equivalent of the General rates has been contributed by Council.
Section 356 of the Local Government Act states “A Council may, in accordance with a resolution of the Council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.”
Alignment with Strategic Plan
Aligns with Direction 4 – An Engaged and Supportive Community
Finance and Resource Implications
Funds are available in the budget.
Policy Implications
Nil.
Risk Consideration
No identified risks.
Statutory/Regulatory Consideration
Nil
Attachments
1. Copy letter received from Gloucester Pre-School Incorporated dated 7 August 2014.
General Manager’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 132
General Manager’s Report Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 133 6. Minutes
6.1 External Bodies
1. Minutes of the Meeting of the Ordinary Meeting of MidCoast Water held 17 June 2014
Attached are the Minutes of the Ordinary Meeting of MidCoast Water held 17 June 2014.
2. Minutes of the meeting of Country Mayors held 8 August 2014
Attached are the Minutes of the meeting of Country Mayors held 8 August 2014.
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Government Circulars, Letters and Ministerials Gloucester Shire Council Ordinary Meeting – 20 August 2014 P a g e | 135
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Country Mayors Association of NEW SOUTH WALES
Chairman: Cr Rod Kendall PO Box 20 Wagga Wagga NSW 2650 02 69269111 ABN 92 803 490 533
MINUTES
GENERAL MEETING
FRIDAY, 8 AUGUST 2014, COUNTRY EMBASSY, SYDNEY
The meeting opened at 9.30 a.m.
1. ATTENDANCE:
Albury City Council, Cr Kevin Mack, Mayor Albury City Council, Mr Frank Zaknich, General Manager Armidale Dumaresq Council, Cr Laurie Bishop, Mayor Bathurst Regional Council, Cr Gary Rush, Mayor Bathurst Regional Council, Mr David Sherley, General Manager Bellingen Shire Council, Cr Mark Troy, Mayor Berrigan Shire Council, Cr Bernard Curtin, Mayor Berrigan Shire Council, Mr Rowan Perkins, General Manager Bland Shire Council, Cr Neil Pokoney, Mayor Bland Shire Council, Cr Liz McGlynn, Deputy Mayor Coonamble Shire Council, Cr Al Karanouh, Mayor Coonamble Shire Council, Mr Rick Warren Deniliquin Shire Council, Cr Lindsay Renwick, Mayor Deniliquin Shire Council, Mr Des Bilske, General Manager Dubbo City Council, Cr Mathew Dickenson, Mayor Dubbo City Council, Mr Mark Riley, General Manager Eurobodalla Shire Council, Cr Lindsay Brown, Mayor Glen Innes Severn Council, Cr Colin Price, Mayor Greater Taree City Council, Cr Paul Hogan, Mayor Griffith City Council, Cr John Dal Broi, Mayor Griffith City Council, Mr Brett Stonestreet, General Manager Gunnedah Shire Council, Cr Owen Hasler, Mayor Harden Shire Council, Cr Chris Manchester, Mayor
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Jerilderie Shire Council, Cr Ruth McRae, Deputy Mayor Jerilderie Shire Council, Mr Craig Moffitt, General Manager Lithgow City Council, Mr Roger Bailey, General Manager Mid Western/Mudgee Regional Council, Cr Des Kennedy, Mayor Mid Western/Mudgee Regional Council, Mr Warwick Bennett, General Manager Moree Plains Shire Council, Cr Katrina Humphries, Mayor Narrabri Shire Council, Cr Conrad Bolton, Mayor Narrabri Shire Council, Ms Dianne Hood, General Manager Tamworth Regional Council, Cr Russell Webb, DeputyMayor Tamworth Regional Council, Mr Paul Bennett, General Manager Tumbarumba Shire Council, Cr Ian Chaffey, Mayor Upper Lachlan Shire Council, Cr John Shaw, Mayor Upper Lachlan Shire Council, Mr John Bell, General Manager Urana Shire Council, Cr Patrick Burke, Mayor Urana Shire Council, Mr Adrian Butler, General Manager Wagga Wagga City Council, Cr Rod Kendall, Mayor Wagga Wagga City Council, Mr Phil Pinyon, General Manager Walcha Council, Cr Janelle Archdale, Mayor Walcha Council, Mr Jack O’Hara, General Manager Warrumbungle Shire Council, Cr Peter Shinton, Mayor Warrumbungle Shire Council, Mr Steve Loane, General Manager Yass Valley Council, Cr Rowena Abbey, Mayor Local Government NSW, Cr Keith Rhoades, President
APOLOGIES:
As submitted
SPECIAL GUESTS: The Hon Paul Toole MP, Minister for Local Government The Hon Brad Hazzard MP, Attorney General and Minister for Justice Mr Iain McGregor, Project Developer and Energy Data Analyst, Smart Commercial Solar
2. ADOPTION OF MINUTES OF PREVIOUS MEETING:
RESOLVED that the minutes of the General Meeting held on 13 June 2014 be accepted as a true and accurate record (Albury City Council / Griffith City Council).
3. Matters Arising from the Minutes The Warrumbungle report on Radio Frequency Identification Devices will be submitted to the next meeting
4. Membership
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RESOLVED that Jerilderie shire Council and Walcha Council be admitted as members of the Association (Eurobodalla Shire Council/ Mid Western/Mudgee Regional council)
5. CORRESPONDENCE Outward (a)IPWEA NSW supporting the NSW Local Roads Congress seeking greater financial and other opportunities for Local Government (b)Ms Fiona Simson thanking her for her presentation to the June meeting (c)Mr John Robertson MP, Leader of the Opposition thanking him for his presentation to the June Meeting (d)Glen Innes Severn Council extending an invitation to join the Association (e)Tumut Shire Council extending an invitation to join the Association
Inward (a) Jerilderie Shire Council advising that Council has resolved to join the Association (b) Walcha Council advising that council has resolved to join the Association (c) Hon Paul Toole MP, Minister for Local Government, Re Financial Assistance Grants (Copy Attached)
NOTED
6. FINANCIAL REPORT
RESOLVED That the financial reports for the last quarter were tabled and accepted (Gunnedah Shire Council / Bellingen Shire Council)
6. PRESENTATIONS
6.1 Hon Paul Toole MP, Minister for Local Government
The Minister has travelled throughout the State to identify issues facing Local Government. The issues are Financial Sustainability, Distance and Reducing populations in many areas.
Destination 2036 in 2011 was a real conversation about what changes needed to be made. It identified a infrastructure backlog of $7.4 billion. The Government has introduced Round 1& 2 of the Infrastructure Renewal Scheme and $680 million of works have been undertaken. Round 3 will be released in September this year.
T Corp has assessed all Councils and identified that 25% of Councils 2 years ago were in a weak financial position.
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FAG’s have been freezed by the Commonwealth. The criteria for distribution needs to be reassessed. Sustainable Councils should not receive the minimum amount and this will be taken up with the Commonwealth. The Commonwealth withdrew its 5% contribution to pensioner rebates but the State Government has picked it up this year.
Independent Local Government Review Panel submissions closed in April. There are 65 recommendations in the report to improve the sector. Some of the areas include the need for more flexibility with rate pegging, the Local Government Act needs to be reviewed, a State Financing Authority to provide low interest loans, how ROC’s operate in the future and support for voluntary amalgamations The report will be released before Christmas this year
6.2 Cr Keith Rhoades, President Local Government NSW
Congratulations was extended to those that attended the Local Government Week Awards. Next week the Association will be presenting a submission to the Standing Committee Aviation Services NSW and will also be attending the Central Darling Shire Council Commission hearings. The Association is urging the State Government not to park the Local Government Review Panel Report just because an election is coming up. A submission is to be made to IPart on the affect of FAG’s on Council revenue. Delegates will have the opportunity to vote on the venue of future conferences. Local Government NSW has a new Chief Executive Donna Rygate who will commence on 25 August
6.3 Hon Brad Hazzard MP, Attorney General and Minister for Justice
Government agencies need to listen to Local Government. The Minister would like to ensure a much more integrated approach and identify issuers of the entire Justice system. The Bail laws are being amended as a result of this approach. Courts are closed generally for financial reasons. However the effects of the closure are taken into account such as the cost and time that police have to travel to an alternative location
6.4 Mr Iain McGregor, Project Developer and Energy data Analyst, Smart Commercial Solar
People want to invest in Solar Energy and reduce Green Gas omissions. The Vision of Smart Commercial Solar is
Immediate energy cost savings Keeping money in the regions Interconnecting regional NSW Creating long term positive outcomes
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Councils have rooftops and have an electricity need. The solar scheme involves signing an electricity contract with no upfront cost. The installation is gifted to Council after 10 years with an expectation of a further 20 years life. The cost is 0.17c per kwh compared to Essential Energy costs of between 32.53 and 35.84c per kwh. Smart Commercial Solar is prepared to enter into contracts for viable sites. The outcome for Councils will be to hit 2020 targets of 20% of renewable energy by 2016 and save money
7. General Business
(a) Financial Assistance Grants Position Paper
RESOLVED That the position paper be adopted and letters be forwarded to Commonwealth and State Ministers highlighting the Associations position (Greater Taree City Council/Bellingen Shire Council)
RESOLVED That a letter be forwarded to the Minister for Local Government and to IPart requesting that Councils be given an allowance on top of the rate pegging percentage equal to the amount of FAG’s indexation lost (Tamworth Regional Council/ Mid Western Mudgee Regional Council)
(b) Drought in North Western NSW
Coonamble Shire Council to prepare a paper on possible measures that can be introduced to assist preventing future droughts
(c)Rural Land Use Management
RESOLVED That the Association develop a submission to all Ministers that have an input into Rural Land Use eg Agricultural Water, Planning, Environment and Heritage to get together and develop some real solutions for practical and workable conditions and guidelines to help them to get better management laws for NSW farmers and graziers (Moree Plains Shire Council/Narrabri Shire Council)
There being no further business the meeting closed at 12.15pm.
Cr Rod Kendall Chair – Country Mayor’s Association of NSW
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7. Government Circulars, Letters and Ministerials
1. Association of Mining Related Councils
A response has been received from the Associations regarding Council’s termination of its membership.
Copy is attached.
2. Gloucester Coal Community Consultative Committee – Request for Amendment to Membership Structure
An email response dated 12 August 2014 has been received from Yancoal in relation to Council’s request that membership of the Gloucester.
Copy is attached.
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CLOSED METING – CONFIDENTIAL MATTERS
In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, the following business is of a kind as referred to in Section 10A of the Act, and should be dealt with in a part of the meeting closed to the media and public.
1. Status of Activities – Gloucester Project
This item is CLASSIFIED under Section 10(A)(2)(d) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:-
(d) commercial information of a confident nature that would, if disclosed prejudice the commercial position of the person who suppled it.
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