Agenda of Ordinary Council Meeting

ORDINARY COUNCIL MEETING AGENDA 24 JUNE 2020 7.00PM

TO BE HELD IN THE COUNCIL CHAMBERS 23-25 CHELMSFORD PLACE LEETON NSW 2705

Authorised for release: Jackie Kruger General Manager LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

LEETON SHIRE COUNCIL

AGENDA

ORDINARY COUNCIL MEETING

24 June 2020

7.00PM ______

1. CIVIC PRAYER

2. ACKNOWLEDGEMENT OF COUNTRY

3. APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE BY COUNCILLORS

4. CONFIRMATION OF MINUTES AND ANY MATTERS ARISING

RECOMMENDATION THAT the Minutes of the Ordinary Council Meeting held on Tuesday 12 May 2020, as circulated, be taken as read and CONFIRMED.

5. DISCLOSURES OF INTERESTS

6. PUBLIC REPRESENTATIONS

7. MAYORAL MINUTES 7.1 DONATION TO HILLTOP REGIONAL ACCOMMODATION FOR CANCER PATIENTS ...... 5

8. REPORTS TO COUNCIL

GENERAL MANAGER’S MATTERS 8.1 ADOPTION OF THE OPERATIONAL PLAN (INCLUDING BUDGET) AND THE REVENUE POLICY (INCLUDING THE SCHEDULE OF FEES AND CHARGES) FOR THE 2020/2021 FINANCIAL YEAR ...... 11 8.2 CHILD SAFE POLICY ...... 17 8.3 ENDORSEMENT OF THE DRAFT PROCUREMENT POLICY ...... 28 8.4 REVIEW OF NSW ELECTORAL DISTRICTS ...... 41

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8.5 MURRAY DARLING ASSOCIATION - COUNCIL ENDORSEMENT OF MAYOR AS REGION 9 CHAIR ...... 44 8.6 ADOPTION OF ROXY REDEVELOPMENT PROJECT PLANS ...... 47 8.7 NEW RESIDENTS' KIT ...... 79

BUSINESS AND INVESTMENT MATTERS 8.8 THE MAKING OF RATES AND CHARGES FOR THE 2020/2021 FINANCIAL YEAR ...... 82 8.9 2019/2020 BUDGET REVIEW FOR THE QUARTER ENDING 31 MARCH 2020 ...... 88 8.10 INVESTMENTS REPORT FOR APRIL 2020 ...... 106 8.11 INVESTMENTS REPORT FOR MAY 2020 ...... 119

OPERATIONAL MATTERS 8.12 S HAHN DA 30/2020: MULTI-DWELLING HOUSING APPLICATION ...... 132 8.13 ADOPTION OF LEETON LOCAL STRATEGIC PLANNING STATEMENT ...... 151 8.14 LEETON SHIRE COUNCIL LOCAL AREA TRAFFIC COMMITTEE ELECTRONIC MEETING THURSDAY 28 MAY 2020 ...... 164 8.15 QUARTERLY CAPITAL WORKS UPDATE REPORT...... 171 8.16 MINUTES OF THE LEETON TREE MANAGEMENT GROUP DATED 26 MAY 2020 ...... 181 8.17 CRICKET NSW REQUEST FOR FUNDING ...... 185 8.18 PROPOSAL TO NAME A PARK AT GOLF COURSE ESTATE ...... 189

9. NOTICES OF MOTIONS

10. COUNCILLOR ACTIVITY REPORTS 10.1 COUNCILLOR ACTIVITY REPORT ...... 194

11. CONFIDENTIAL MATTERS 11.1 ROADS TENDER - VARIOUS QUARRIED PRODUCTS It is recommended that the Council resolve into Closed Council with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

12. CONCLUSION OF THE MEETING

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Council meetings are now video recorded. Members of the public are advised that their voice and/or image may form part of that recording.

PUBLIC REPRESENTATION

If any member of the public wishes to formerly address the Council in relation to a matter in this agenda they are to register to speak for a maximum of three (3) minutes by Tuesday 12 noon preceding the meeting.

Contact Regina Butler – 6953 0938

Public Attendance Restrictions

Due to COVID-19 there are limits on numbers of people in the Council Chambers.

Residents and ratepayers wishing to address Council will need to register in advance so that Council has time to arrange presentation schedules and options.

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ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

ETHICAL DECISION MAKING • Is the decision or conduct legal? • Is it consistent with Government policy, Council’s objectives and Code of Conduct? • What will the outcome be for you, your colleagues, the Council, anyone else? • Does it raise a conflict of interest? • Could your possible conflict of interest lead to private gain or loss at public expense? • Can the decision be justified in terms of public interest? • Would it withstand public scrutiny?

CONFLICT OF INTEREST • A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Division of Local Government and, Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Division of Local Government (advice only).

THE TEST FOR CONFLICT OF INTEREST • Is it likely I could be influenced by personal interest in carrying out my public duty? • Would a fair and reasonable person believe I could be so influenced? • Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain. • Important to consider public perceptions of whether you have a conflict of interest

IDENTIFYING PROBLEMS 1st Do I have private interest affected by a matter I am officially involved in? 2nd Is my official role one of influence or perceived influence over the matter? 3rd Do my private interest conflict with my official role?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

AGENCY ADVICE Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes.

Contact Phone Email Website Leeton Shire Council 6953 0911 [email protected] www.leeton.nsw.gov.au

ICAC 8281 5999 [email protected] www.icac.nsw.gov.au Toll Free 1800 463 909

Office of Local Government 4428 4100 [email protected] www.olg.nsw.gov.au

NSW Ombudsman 9286 1000 Toll Free 1800 451 524 [email protected] www.ombo.nsw.gov.au

4 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 MAYORAL REPORTS

ITEM 7.1 DONATION TO HILLTOP REGIONAL ACCOMMODATION FOR CANCER PATIENTS

RELATED FILE NUMBER EF10/598

RECORD NUMBER 20/221

SUMMARY/PURPOSE

On Wednesday, 27 May 2020, Alice Glachan, Capital Fundraising Campaign Director for the (Hilltop) Fight Cancer Foundation, gave a presentation to the Councillor Workshop seeking support for the second stage of the Hilltop Regional Accommodation Centre for Cancer Patients in Albury. In two years of operation the accommodation has already been used for thousands of accommodation nights by patients and their families from across the region. Over 16 Leeton families have already benefitted from this service. As the current accommodation is heavily used, a second stage providing an additional ten rooms, extra communal space and extra laundry facilities, has commenced construction. Significant government funding has been received, and the communities which access the service are being asked to contribute collectively 25% towards the cost of the project.

RECOMMENDATION

THAT Council makes a donation of $5,000 to the Fight Cancer Foundation for the Hilltop regional community accommodation centre attached to the Albury Regional Cancer Centre.

ATTACHMENTS

1⇩ Hilltop Presentation - Alice Glachan

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Item1.1 Attachment 1 - Hilltop Presentation - Alice Glachan Page 6

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item1.1 Attachment 1 - Hilltop Presentation - Alice Glachan Page 7

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Item1.1 Attachment 1 - Hilltop Presentation - Alice Glachan Page 8

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Item1.1 Attachment 1 - Hilltop Presentation - Alice Glachan Page 9

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item1.1 Attachment 1 - Hilltop Presentation - Alice Glachan Page 10

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 GENERAL MANAGER’S MATTERS

ITEM 8.1 ADOPTION OF THE OPERATIONAL PLAN (INCLUDING BUDGET) AND THE REVENUE POLICY (INCLUDING THE SCHEDULE OF FEES AND CHARGES) FOR THE 2020/2021 FINANCIAL YEAR

RECORD NUMBER 20/204

RELATED FILE NUMBER EF19/34

AUTHOR/S Corporate and Community Planning Officer Manager Finance

APPROVER/S Acting Governance & Corporate Planning Coordinator General Manager

SUMMARY/PURPOSE

The purpose of this report is to enable Council to adopt the following key corporate documents for 2020-21:

(a) The Operational Plan (including Budget); and

(b) The Revenue Policy (including Schedule of Fees and Charges).

RECOMMENDATION

THAT Council adopts:

1. The Operational Plan (including Budget) for the 2020-2021 Financial Year and

2. The Revenue Policy (including Schedule of Fees and Charges) for the 2020- 2021 Financial Year.

REPORT

(a) Background

At its meeting in June 2017, Council adopted the Leeton Shire Council Delivery Program 2017-2021. Also adopted at that time was the 2017-18 Operational Plan and the Resourcing Strategy, following consideration of submissions from the community.

The Delivery Program is Council’s commitment to the community and sets out what Council intends to achieve during its four-year term. Each financial year, an annual Operational Plan is developed to identify the actions to be undertaken in that financial year to achieve the Delivery Program commitments. The

11 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 Operational Plan and budget, along with the Revenue Policy (which includes the Schedule of Fees and Charges for the year) must be adopted by 30 June each year.

At its May 2020 meeting, Council resolved (Resolution 20/057) the following:

THAT Council:

Endorses for public exhibition from Wednesday 13 May 2020 until Wednesday 10 June 2020 the following documents:

(a) The Draft Operational Plan for the 2020-2021 Financial Year (including the Draft Budget for the 2020-2021 Financial Year), noting the addition of a feasibility study for a heated pool which is estimated to cost $25,000 to be funded from the Swimming Pool Restriction; and

(b) The Draft Revenue Policy for the 2020-2021 Financial Year (including Draft Schedule of Fees and Charges for the 2020-2021 Financial Year,

(b) Discussion

The annual suite of draft documents for the 2020-21 financial year was placed on public exhibition for 28 days and submissions from the community were invited. The submission period closed at 5.00pm on Wednesday, 10 June 2020.

During the submission period, Council received twelve (12) separate submissions on the Operational Plan and Revenue Policy documents. Eight (8) submissions were received via Council’s Have Your Say Leeton online portal (A summary of the survey results is attached). A further four (4) submissions were made through emails sent directly to Council. Council appreciates the time these community members have taken to provide feedback on the draft documents.

A summary of all submissions received along with recommendations for amendments and inclusions in response to the submissions was presented to a Councillor Workshop on the evening of Wednesday, 10 June 2020 (attached).

At this workshop, Council considered all submissions received. The matters arising from the workshop discussion in response to those submissions have been incorporated into the final draft documents which are now provided for adoption by Council (attached).

The submissions received mean that Council has made the following amendments to the documents:

- The discount applied to the 2020-21 Season Pass for the Swimming Pool is now more clearly state in its Revenue Policy (schedule of Fees & Charges), - With easing of COVID-19 restrictions, the target for the minimum number of exhibitions in the Gallery has been revised to two,

12 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 - The Delivery Program activity (13a) has been reworded to include arts and cultural events as part of the range of events provided to residents and visitors, - Action 7b.01 of the Operational Plan has been reworded to include promotion of local artists in Gallery exhibitions, - The differing hire rates for the Gallery and Museum venue space has been reworded in the Revenue Policy (schedule of Fees & Charges) to make clear community versus corporate rates, and hourly versus day or half-day rates.

In addition, there are two recommendations for the Council’s further consideration:

- Application of a ‘local’ entry fee to Gallery exhibitions that incur an entry fee, - Further investigation of water damage and required remedial action in Chelmsford Place around the water tower.

Internal Submissions

While the draft documents for the 2020-21 financial year were on public exhibition, Council staff were also afforded the opportunity to submit an application for any items that were previously not included in the budget or insufficient funding had been requested and/or included in the budget.

The table below describes the amendments that have been made to the 2020-21 budget for adoption:

Operating Transaction Changes Description Amount Total Budget Budgeted Expense 31,242,503 Feasibility Study on a heated pool 25,000 31,267,503 Parks & Gardens Maintenance 58,700 31,326,203 Golf Course Maintenance 30,000 31,356,203

Budgeted Income 31,242,503 Reserve transfer for Feasibility Study on a heated pool 25,000 31,267,503 Various Income acccounts 88,700 31,356,203

Capital Transaction Changes Budgeted Expense 17,924,613 Roxy Theatre Stage 1 additional costs 631,100 18,555,713 Roads & Nature Strip Beautification 15,000 18,570,713 The Relocation of Light Pole for Oval Lighting 20,000 18,590,713

Budgeted Income 14,501,357 Roxy Theatre Stage 1 shortfall - Loan Funded 631,100 15,132,457 Oval Lighting Project - Reserve Transfer 20,000 15,152,457

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It should be noted that the additional amount included for the Golf Course has meant that Council’s contribution towards the running costs of the facility for 2020-21 have risen to $120,000.

The feasibility study being carried out for a heated pool has been funded by way of a reserve transfer and has meant that the Income statement is in a deficit of $25,000. This deficit is minor in nature and will be rectified by the December 2020 budget review.

The fee for existing businesses to apply for their first trade waste approval will be waived until all relevant existing businesses are in the system. It is hoped that waiving this fee will encourage existing business to take the necessary steps to comply with trade waste requirements. Trade waste compliance has steadily improved with approximately 60% of businesses now approved (up from around 10% three years ago). New businesses or existing businesses that change ownership will not be eligible for the waived fee.

Council has a legislative obligation to adopt an Operational Plan, Budget and Revenue Policy by 30 June for commencement from 1 July. The options available to Council therefore are:

1. Adopt the attached 2020-21 Operational Plan, Budget and Revenue Policy (preferred option). 2. Amend and adopt the attached 2020-21 Operational Plan, Budget and Revenue Policy without further public exhibition. 3. Amend the attached 2020-21Operational Plan, Budget and Revenue Policy, and re-exhibit the documents, inviting further community submissions, but not meet the 30 June deadline for their adoption.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

There have been some late amendments made to the draft Budget for the 2020-21 Financial Year which was placed on public exhibition. The financial implications of these are described above.

(b) Policy

Community Engagement Strategy Leeton on the Go – Community Strategic Plan Delivery Program 2017-20121 Leeton Shire Council Resourcing Strategy 2017-2027

14 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (c) Legislative/Statutory

Council is required, under Section 405 of the Local Government Act 1993, to have an Operational Plan adopted before the beginning of each new financial year. This Plan is required to outline the activities in which Council will be engaged during the year towards achieving its Delivery Program commitments, as well as a statement of the Council's budget and revenue policy for the year covered by the Operational Plan.

(d) Risk

Council’s risk in relation to the Operational Plan and Budget for the 2020-21 financial year is inherent in community expectations of Council to deliver facilities and services. This level of expectation, when not managed appropriately, can create reputational risk. However, this has been mitigated by Council’s approach to proactively inviting community submissions in response to the draft documents prior to their formal adoption.

Council has a number of risks to consider in relation to the 2020-21 Budget. Firstly, it needs to assess its capacity to repay the proposed borrowings and the impact on cashflow now and in future years in anticipation of the loan repayments which will be required as part of the Capital Works Program.

Council is heavily reliant on Capital Grants as part of its Capital Works Program ($9.7M out of a total Capital Works Program of $18.5M, which represents 52% of the funding source for the Capital Works Program). If the grants are not forthcoming, these projects may be postponed to future years or if it is determined that they are urgent priorities, then other projects contained in the Capital Works Program will need to be deferred in order to complete these priority projects.

CONSULTATION

(a) External

The 28-day public exhibition period commenced on Wednesday, 13 May 2020 and included the following activities:

• Electronic submissions by completing the survey on Council’s Have Your Say Leeton community engagement website.

• Written submissions addressed to the General Manager by post or emailed to [email protected].

• Social Media via Facebook.

(b) Internal

Managers and other responsible officers Senior Management Team.

15 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 6 - “STRONG LEADERSHIP” within Council’s adopted Delivery Program/Operational Plan – 20 - A community that is always on the front foot - 20a is to “Ensure the aspirations of the community are delivered - Operate an efficient and effective Local Government Administration."

ATTACHMENTS

1⇨ SUMMARY OF SUBMISSIONS RECEIVED ON DRAFT DPOP - Attached separately

2⇨ HAVE YOUR SAY - SURVEY RESPONSES REPORT - Attached separately

3⇨ 2020-2021 BUDGET INCLUDING CAPITAL WORKS PROGRAM - Attached separately

4⇨ 2020-2021 REVENUE POLICY INCLUDING FEES AND CHARGES - Attached separately

5⇨ DRAFT 2020-21 DPOP - including highlighted changes from exhibition period - Attached separately

16 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.2 CHILD SAFE POLICY

RECORD NUMBER 20/205

RELATED FILE NUMBER EF10/492

AUTHOR/S Manager Community Services

APPROVER/S General Manager

SUMMARY/PURPOSE

The Children’s Guardian Act 2019 came into effect on 1 March 2020. The purpose of this report is to propose the Leeton Shire Council Child Safe Policy for adoption, as the first step to Council becoming a child safe organisation.

RECOMMENDATION

THAT Council adopts the Leeton Shire Council Child Safe Policy

REPORT

(a) Background

The Royal Commission into Institutional Responses to Child Sexual Abuse (2017) recommended taking action to make organisations across the country safe for children. A key national reform in response to these recommendations is the National Principles for Child Safe Organisations, which was endorsed by all Commonwealth, state and territory governments on 1 February 2019. They provide a nationally consistent approach to embedding child safe cultures within organisations that engage with children, and act as a vehicle to give effect to all Royal Commission recommendations related to child safe standards. All organisations which have contact with children are advised to develop and promote a child safe culture through developing and implementing a Child Safe Policy and ensuring that all related policy, procedure and planning documents are embedded with child safe principles.

The Children’s Guardian Act 2019 came into effect on 1 March 2020, designating the Office of the Children’s Guardian as the government entity responsible for ensuring children’s safety and managing reportable conduct complaints. Local government is identified in the act as a “relevant entity” charged with supporting a child safe culture, with Mandatory Reporting obligations and regulation of services provided to children.

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Discussion

Under the new Children’s Guardian Act and the accompanying Child Safe Standards Regulation (yet to be adopted), the powers of the NSW Office of the Children’s Guardian (OCG) are being consolidated and expanded.

This has two main implications for Council:

• Council’s mandatory reporting obligations will be extended to contractors and subcontractors to the extent they hold, or are required to hold, a Working with Children Check (WWCC) for the purposes of their work with the Local Council.

• Services operated by Council for a child or children will be regulated under a set of Child Safe Standards.

Key Points

• A child is any person under the age of 18 years old.

• The WWCC legislation remains unchanged and relates only to people who work directly with children in a physical or face-to-face capacity, including online ie. WWCC apply when the work with children is more than incidental to the worker’s normal work).

• The OCG will be overseeing the introduction of the Child Safe Standards.

• The standards are outcome focused. An organisation that meets the 10 standards is one that:

➢ Creates conditions that reduce the likelihood of harm to children, ➢ Creates conditions that increase the likelihood of identifying and reporting ➢ harm, and ➢ Responds appropriately to disclosures, allegations or suspicions of harm.

• Programs to develop council capacity to implement the Child Safe Standards are currently being developed by the OCG.

Principally the child safe standards apply to all of activities that council employs, contracts or places volunteers in work with children.

Some example activities include:

• Public Pools • Sport and Rec facilities/programs • Library activities for children etc. • Childcare and Out of School Hours care • Community events

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A description of the 10 Child Safe standards, which are derived from the National Principles, and actions Councils can take to implement them is attached to this report – Attachment 1.

The Leeton Shire Council Inaugural Child Safe Policy includes a commitment Statement to Child Safety and is a guide to elected members, workers (paid, contract and volunteer) on how to behave when interacting and engaging with children in our organisation to ensure their safety and wellbeing. See Attachment 2.

Once adopted, Council will need to incrementally update related policies and procedures and immediately update procedures relating to Mandatory Reporting and the implementation of Working With Children Checks with a broader range of workers associated with Council business. This has been required since the new legislation commenced on 1 March and the three month ‘grace period’ for non- compliance with new reporting obligations expired on 1 June 2020.

(b) Options

1. Council adopts the Child Safe Policy and systematically updates relevant internal policies and procedures when they are reviewed, prioritising those relating to reporting obligations and WWCC.

2. Council does not adopt a Child Safe Policy but notes its obligations under the Children’s Guardian Act 2019.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

There are no immediate financial implications to implementing a child safe policy. The OCG is providing many resources free of charge. Once the WWCC requirements are assessed, there may be a slight increase in the cost to Council but this will be absorbed in current budgets.

(b) Policy

This policy has implications for all of the below policies, which need to be reviewed to ensure they include child safe practices and procedures.

• Leeton Shire Council Code of Conduct (2019) • Leeton Shire Council Complaints Handling (2017) • Leeton Shire Council Disciplinary Policy (2013) • Leeton Shire Council Grievance Policy and Procedures (2015) • Leeton Shire Council Recruitment and Employment Policy (2013) • Leeton Shire Council Volunteer Policy (2017)

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There are many legislative requirements relative to child safety in a broad range of areas. The most pertinent to this policy are:

• Children’s Guardians Act 2019 • Child Protection (Working with Children) Act 2012 • Children and Young Persons (Care and Protection) Act 1998

(d) Risk

If Council breaches it’s reporting responsibilities under the new Act, it could be subject to fines. Reputational – if a person associated with Council harms or puts a child at risk, and Council staff do not know or follow the appropriate procedures Council’s good reputation will be compromised.

Financial – if a child is harmed through the actions of a person associated with Council there is a risk of being sued. If Council does not abide by the legislated Mandatory Reporting obligations, there is risk of fines being imposed.

Environmental – if Council’s infrastructure and external environments are not designed and maintained to the standards required to ensure child safety and wellbeing there is a risk of a child being injured or harmed.

CONSULTATION

(a) External

Office of the Children’s Guardian, Local Government Children’s Services Managers Group.

(b) Internal

Staff approached for consultation: Manager Library; Communications Coordinator; IPR and Governance Team; Manager WHS, QA and Risk; Manager Open Space and Recreation; Manager/Nominated Supervisor Leeton Early Learning Centre; Coordinator/Nominated Supervisor Out of School Care; Marketing and Cultural Services Coordinator; Events Officer; Roxy Theatre Coordinator; Events and Cultural Services Coordinator; HR Officer

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 1 - “A HEALTHY AND CARING COMMUNITY” within Council’s adopted Delivery Program/Operational Plan – 04 - A community that is safe to live in and move about - 4a is to “Advocate and support initiatives to reduce crime - Support initiatives to stop domestic violence”.

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ATTACHMENTS

1⇩ Ten Child Safe Standards Adopted by Commonwealth, State and Territory Governments in 2019

2⇩ Draft Leeton Shire Council Child Safe Policy June 2020

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Item8.2 Attachment 1 - Ten Child Safe Standards Adopted by Commonwealth, State and Territory Page 22 Governments in 2019

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.2 Attachment 2 - Draft Leeton Shire Council Child Safe Policy June 2020 Page 23

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Item8.2 Attachment 2 - Draft Leeton Shire Council Child Safe Policy June 2020 Page 24

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Item8.2 Attachment 2 - Draft Leeton Shire Council Child Safe Policy June 2020 Page 25

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Item8.2 Attachment 2 - Draft Leeton Shire Council Child Safe Policy June 2020 Page 26

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Item8.2 Attachment 2 - Draft Leeton Shire Council Child Safe Policy June 2020 Page 27

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020 ITEM 8.3 ENDORSEMENT OF THE DRAFT PROCUREMENT POLICY

RECORD NUMBER 18/423

RELATED FILE NUMBER EF10/492

AUTHOR/S Acting Governance & Corporate Planning Coordinator

APPROVER/S General Manager

SUMMARY/PURPOSE

The purpose of this report is for Council to endorse an updated Procurement Policy for Leeton Shire Council.

RECOMMENDATION

THAT Council adopts the draft Procurement Policy.

REPORT

(a) Background

The current Procurement Policy was adopted as part of a suite of policies updated by Council in February 2017 (Resolution Number 17/018).

As part of the cycle of ongoing review and update, Council’s Procurement Policy is now due for revision.

In addition, Council recently undertook a review of its procurement practices as part of its internal audit program, and the need to update the Procurement Policy to reflect contemporary procurement legislation and standards was identified.

(b) Discussion

The attached draft Procurement Policy has been developed in consultation with key staff across Council who undertake procurement on behalf of Council. The draft policy was also independently reviewed by Morrison Low Consultants who conducted the independent review of Council’s procurement practices in early 2020.

The attached draft Procurement Policy reflects contemporary standards and expectations, as well as reflecting Leeton Shire Council’s commitment to local procurement where that is effective and efficient.

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The draft Procurement Policy identifies the requirements associated with procurement at particular cost thresholds. It also provides guidance to ensure Council staff tasked with procurement are clear about Council’s expectations in relation to the efficient use of Council resources, value for money, accountable and transparent decision-making processes and record keeping requirements.

While the Policy establishes Council’s strategic approach to procurement, the operational or process driven elements have been articulated in an internal procedural document.

Council has the following options available to it:

1. Adopt the draft revised Procurement Policy.

2. Modify the draft revised Procurement Policy prior to adoption.

3. Reject the revising of Council’s Procurement Policy. However, in doing this, Council will be left without a policy which reflects the current legislative context.

Option 1 is the recommended option.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

By adopting this Policy, Council is taking proactive steps to ensure that its procurement expenditure provides the best value for money, and is an efficient and effective use of Council’s resources.

(b) Policy

Leeton Shire Council’s Code of Conduct Local Preference Policy Tendering Guidelines for NSW Local Government

Section 55 of the Local Government Act 1993 Part 7 of the Local Government (General Regulation) 2005

(d) Risk

A review of this draft Procurement Policy was undertaken as part of a broader review of Council’s procurement practices, as part of the internal audit program agreed with the Audit, Risk & Improvement Committee.

29 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020 Adopting and implementing an updated Procurement Policy which reflects contemporary legislation and best practice will reduce risks to Council in its procurement practice.

CONSULTATION

(a) External

Morrison Low Consultants (procurement review)

(b) Internal

Senior Management Team (SMT) Manager Finance Interim Manager IP&R and Governance

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

ATTACHMENTS

1⇩ DRAFT PROCUREMENT POLICY - JUNE 2020

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 31

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 32

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 33

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 34

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 35

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 36

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 37

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 38

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 39

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Item8.3 Attachment 1 - DRAFT PROCUREMENT POLICY - JUNE 2020 Page 40

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.4 REVIEW OF NSW ELECTORAL DISTRICTS

RECORD NUMBER 20/222

RELATED FILE NUMBER

AUTHOR/S Acting Governance & Corporate Planning Coordinator

APPROVER/S General Manager

SUMMARY/PURPOSE

The purpose of this report is to seek Council endorsement for a submission to be made to the NSW Electoral Commission in response to its routine review and redistribution of electoral districts.

RECOMMENDATION

That Council endorses a submission to be made in response to the electoral districts redistribution review focusing on practicality of servicing a geographic footprint and ensuring genuine communities of interest.

REPORT

(a) Background

There are currently 93 electoral districts in NSW. The NSW Constitution Act 1902 requires that each electorate has an approximately equal number of eligible voters, and that this number must not vary by more than 10% from the average enrolment across all electoral districts. Currently this means the number of electors in each electoral district should be between 56,118 and 57,252.

A formal redistribution process to ensure each district retains approximately the same number of electors occurs after every second NSW State general election. The redistribution might enable the inclusion of more voters in an electoral district or reduce the size of a large electoral district. Boundary changes have effects on adjoining districts and so public submissions are invited during the redistribution process.

A variety of factors are taken into consideration as part of the redistribution process, including demographic trends, geography, communities of interest and so on.

Leeton Shire currently sits within the Murray electoral district, at its eastern end. The seat of Murray extends from Greater Hume Shire in the south east, to Wentworth Shire in the south west, and Carrathool Shire in the north.

41 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

(b) Discussion

It is Leeton Shire Council’s view that the current electoral district boundary that separates Leeton Shire from our near neighbour, Narrandera Shire, does not serve us well in relation to the ‘community of interest’ consideration that should be apparent.

Leeton Shire Council also has concerns about the geographic size of the current Murray electoral district, meaning that travelling distances across the district pose work health and safety risks to the sitting Member and limit their ability to appropriately service communities.

It is therefore proposed that Council prepares a submission to the electoral districts redistribution review that suggests: a) Leeton Shire be situated within a State electoral district with its community of interest partner shires, with Griffith City, Leeton Shire and Narrandera Shire in the same electoral district. b) That consideration be given to reducing the total geographic area of the electoral district to mitigate work health and safety risks for the sitting Member associated with significant travel distances, and to provide increased scope for them to appropriately service their communities.

Council has the option to:

1. Endorse a submission to be made in response to the electoral districts redistribution in line with matters raised in the body of this report (preferred option)

2. Endorse a submission to be made in response to the electoral districts redistribution which addresses additional or alternative issues.

3. Decline to make a submission in response to the electoral districts redistribution.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

There are not financial implications arising from this report.

(b) Policy

There are no policy implications arising from this report.

NSW Constitution Act 1902

42 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (d) Risk

There are no direct risks to Council arising from this report. However, there is a risk that the redistribution decision-makers may not be aware of Leeton Shire’s community of interest with our neighbouring shire, Narrandera, and may not take this into consideration in their deliberations if we do not bring it to their attention.

Also, by promoting a more manageable geographic footprint, Leeton Shire may be assured of adequate levels of service by its State Member.

CONSULTATION

(a) External

No external consultation was undertaken.

(b) Internal

The Councillor workshop held on 10 June briefly considered the matter of electoral districts redistribution.

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 6 - “STRONG LEADERSHIP” within Council’s adopted Delivery Program/Operational Plan – 18 - A community that has politicians who act and listen - 18c is to “Ensure strong working relationships at a Federal and State level - Continue advocacy with Federal and Local MP's on Key Issues for the region”. ATTACHMENTS

There are no attachments for this report.

43 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.5 MURRAY DARLING ASSOCIATION - COUNCIL ENDORSEMENT OF MAYOR AS REGION 9 CHAIR

RECORD NUMBER 20/228

RELATED FILE NUMBER EF10/311

AUTHOR/S Executive Assistant to the General Manager and Mayor

APPROVER/S General Manager

SUMMARY/PURPOSE

The Murray Darling Association’s constitution requires formal Council endorsement of Mayor Maytom as Chairman of Region 9.

RECOMMENDATION

THAT Council:

1. Formally endorses the appointment of the Mayor Cr Paul Maytom as Chairman of Region 9 Murray Darling Association for the remainder of this Council term ending September 2021.

2. Notes that costs to attend MDA Board Meetings are covered by Council and secretarial services to MDA Region 9 meetings are provided by Council.

REPORT

(a) Background

Cr Maytom and Cr Weston are Council’s delegates to the Murray Darling Association (MDA) Region 9.

The MDA has long been the go-to organisation for state and federal government agencies seeking input from local government and local communities on issues affecting the Murray Darling Basin.

There are 12 Regions in the MDA and Leeton is a member of Region 9. The Regions are considered vital platforms for drawing on local knowledge and experience when engaging with government departments, specialist commissions or authorities like the Murray Darling Basin Authority.

Mayor Maytom has served as Chairman of Region 9 for 9 years. The Chair is a member of the MDA Board.

44 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Due to the MDA’s limited funding Council representatives are expected to have their own Council pay for travel and accommodation expenses incurred, including for MDA Board meetings. Council also provides secretarial services for Region 9 meetings.

(b) Discussion

The MDA Constitution requires formal endorsement by Councils of their delegate serving as Chairman for a Region.

1. Council formally endorses the appointment of the Mayor Cr Paul Maytom as Chairman of Region 9 Murray Darling Association for the remainder of this Council term ending September 2021. This is the preferred option.

2. Council does not endorse the appointment of the Mayor Cr Paul Maytom as Chairman of Region 9 MDA.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

Nil new costs. Any expenses incurred will be covered under Council’s adopted Councillor Delegate expense budget as is the current practice.

(b) Policy

Nil

(d) Risk

Not participating in the MDA reduces Council’s advocacy platform for what is arguably Leeton Shires number one priority, water security. Mayor Cr Paul Maytom also brings experience and knowledge to the MDA Board which is highly valued.

CONSULTATION

(a) External

Members MDA Region 9

(b) Internal

Nil

45 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 4 - “A THRIVING ECONOMY WITH GOOD JOBS” within Council’s adopted Delivery Program/Operational Plan – 11 - A community that thrives on irrigated agriculture - 11a is to “Ensure continued access to irrigation supply for our agricultural industries - Participate in Murray Darling Association (Region 9 + MDA Board)”. ATTACHMENTS

There are no attachments for this report.

46 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.6 ADOPTION OF ROXY REDEVELOPMENT PROJECT PLANS

RECORD NUMBER 20/220

RELATED FILE NUMBER EF18/45

AUTHOR/S Manager Visitor, Cultural and Local Economy

APPROVER/S Director Business and Investment General Manager

SUMMARY/PURPOSE

The purpose of this report is to enable Council to adopt a plan for the redevelopment of the Roxy Theatre, having regard to the final round of public consultation.

RECOMMENDATION

THAT Council:

1. Receives and notes the final public submissions received in relation to the Roxy Redevelopment Project.

2. Adopts the full recommendation of the Roxy Redevelopment Committee and proceeds to development application, noting the full build will only commence if additional grant funding or philanthropic funding of $2.7 million is secured imminently for the development.

3. Proceeds with only Stage 1 of the Roxy Redevelopment build in the event no or insufficient funding is secured, with Council funding up to $631,000 of the Stage 1 funding shortfall ($5,076,100 less $4,445,000) from loan funding over 20 years, sourced either internally or externally.

REPORT

(a) Background

At its May 2020 meeting, Council resolved to undertake a final round of public consultation for 28 days regarding the Roxy Redevelopment design and funding plans, with findings to be presented to Council at its June 2020 Council meeting.

As a result of this consultation period, 16 people completed the survey and provided comments via Council’s Have Your Say Leeton community engagement website and six written submissions were also received via formal letter/email.

47 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

The Roxy Theatre Coordinator and Roxy Redevelopment Committee (RRC) Chair held one-on-one online meetings during the consultation period with all the local schools, caterers, TAFE NSW, Leeton Eisteddfod Society, and Di Salvatore Dance Academy to share the final concept design and gain any further feedback from these groups, all of whom have been extensively consulted with over the past 18 months since the RRC was formed.

Local disability support services provider Kurrajong and special needs school Gralee were also were contacted and met with the Roxy Theatre Coordinator and RRC Chair to get their final thoughts from a disability access perspective. Disability access and functionality is a key focus area of the grant funding received from the NSW Government.

All submitters have been thanked for their feedback, notified of the June Ordinary Council Meeting details and informed about the opportunity that they have to register to speak and address Council.

(b) Discussion

As a result of the public submissions received, eight key issues were identified. They are as follows:

1. Retractable Seating (Auditorium)

Community members are concerned with how the retractable seating will present in the theatre, alluding to stadium style systems that are quite industrial in nature.

There are concerns regarding Disability Discrimination Act (DDA) requirements and the retractable seating as opposed to the current seating array.

Staff Response: It is important to note that a stadium seating system is not being proposed. Systems exist that will be sympathetic with the interior of the building. The auditorium floor will be structurally reinforced as needed and a level plane created to support retractable seating. As the floor is at the end of its life, the floor surface will need to be replaced in any case. The retractable seating renders the theatre with a standard raked seating array from the back wall to the front of the stage, a common sight in most theatres. The RRC have recommended the addition of a removable raked floor with more conventional seating as an addition option to the retractable seating.

DDA requirements are satisfied with access to the front row in the auditorium as well as access to the balcony via the front-of-house lift (noting however that the lift will only be installed if the full project proceeds).

Recommended Action: Proceed with retractable seating in Stage 1 and removeable raked floor alternative in Stage 2 of the redevelopment.

48 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

2. Upper Level Seating

Some concerns were raised regarding what is going to happen with the upstairs seats, some of which are original.

Staff Response: The original vinyl seats at the rear of the upper level will be retained as a heritage/historical interpretation in any scenario. The red seats, which are not original, coming from two other theatres prior to their installation at the Roxy, will be replaced if the additional funding of $2.7 million can be secured from either State and Federal Government grants (or both). If additional funding is not forthcoming, as part of Stage 1, the red seats will remain as they are. Stage 2 however, will see them replaced, in keeping with the rest of the seating in the theatre to achieve a complete look.

Recommended Action: Further investigation and clarity around seating will be obtained through the detailed design phase. It may be that some of the red seats will be repurposed for use in Roxy 2.

3. Toilets Upstairs

A desire was expressed to retain upstairs toilets, predominantly for disabled patrons who will have to use the lift to get to the balcony.

Staff Response: Conversations with the project architect have resulted in an investigation into including a unisex toilet upstairs. The upper toilets open directly into the balcony area which renders significant disruption during a live performance. For this to work, some sort of air/sound lock would need to be installed to mitigate sound and light pollution introduced by the use of this toilet.

Recommended Action: Support inclusion of disabled unisex toilet upstairs for disabled patrons noting that the lift to the balcony is part of Stage 2 if the full funding is not immediately achievable. Able bodied patrons should use the new toilets downstairs.

4. Box Office Location

There were some comments around relocating the Box Office to the supper room as it was thought that it would place the supper room in the same area as the bar and lounge, which some felt would be much more convenient.

Staff Response: The Box Office in its current proposed location is centrally positioned to service both Roxy 2 and the main auditorium simultaneously in conjunction with the bar/servery. Locating the Box Office in the supper room is operationally impractical and reduces ease of disabled access into the auditorium. Easy access to both venues is imperative.

Recommended Action: No change to location of box office.

49 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 5. Accommodation of Leeton Outback Band Spectacular Equipment

A few questions were asked regarding space requirements for the full Outback Band Spectacular ensemble and the conductor’s podium.

Staff Response: These requirements are already well known to the architect, with Ruth Tait being a member of both the Town Band and Roxy Redevelopment Committee. The Town band is supporting the redevelopment concept as presented to Council.

Recommended Action: No further action required.

6. Roxy as a venue for large gathering events

Comments were made that the community doesn’t want just another large gathering space, alluding to the fact that the Roxy may go into competition with other halls or function areas for hire in the area.

Staff Response: The Roxy is primarily a cinema and live entertainment venue. The aim is not to be in direct competition with other function venues or halls, but rather to set the venue up to be as versatile as it can be.

Recommended Action: No change to publicised plans which includes provision for an expanded civic space.

7. “Better Theatre than Griffith”

A number of responses indicated that they wanted a ‘better’ theatre than Griffith with at least the same number of seats.

Staff Response: Council does not intend to compete with Griffith, as the Roxy is a different sort of theatre that offers a different range of programs to the Griffith’s regional theatre. Our goal is to work in tandem with Griffith to increase the arts activity in the region as a whole, working outward from Leeton. The number of seats compared to Griffith is not relevant as the two theatres serve different audiences through different programs. Seating numbers should come down to quality over quantity, as it is far better to have a full 500 seat house than a 50-60% occupancy with unused seats in a larger auditorium.

Recommended Action: No further action required.

8. Increased financial burden on ratepayer

Commentary was provided around ratepayer impacts in acquiring the adjoining buildings and in taking on additional loan funding.

Staff Response: To date Council has committed $1,131,100 (being $500,000 plus the additional $631.100 of borrowings for Stage 1) towards the redevelopment costs and purchased the next door lot for $380,000. The project is also benefiting from some water pressure works being undertaken for the CBD, which assists with the Roxy achieving fire compliance.

50 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Council’s 2020/2021 Budget currently allows for borrowings of $500,000 which is expected to cost $167,932 in interest over a 20-year loan period. If Council agrees to borrow the additional $631,100 to expedite Stage 1 it will cost an additional $211,964 in interest, making it a total cost to Council of $379,896 in interest over the 20-year term of the loan. Annual repayments would increase from $33,397 (2 payments per year) for the $500,000 loan to $75,550 for the full loan of $1,131,100. It is appropriate for the costs of major projects like the Roxy redevelopment to be spread over a long term (intergenerational equity).

Recommended Action: No further action required.

A full copy of the public submissions is attached with this report.

1. That Council adopts the full project as exhibited and proceeds to development application and fundraising of $2.7m, and if no or insufficient grant or philanthropic funding is forthcoming in time, Council borrows up to $2.7m over 20 years to complete the full project by December 2021.

2. That Council adopts the full project as exhibited and proceeds to development application and fundraising of $2.7m, and if no or insufficient grant or philanthropic funding is forthcoming in time, Council stages the development and borrows up to $631,100 over 20 years to complete Stage 1 by December 2021 while continuing to seek grant or philanthropic investment to deliver Stage 2 at a later date. This is the recommended option for reasons of financial prudence give Council’s ability to service debt.

3. Do not proceed with the project and return the $4m grant funding to the NSW Government.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

The full Roxy redevelopment is estimated to cost $4.5m plus $2.7m if it proceeds unstaged, or $4.5m plus $3m if staged (1 and 2).

To date Council has committed $1,131,100 (being $500,000 plus the additional $631.100 of borrowings for Stage 1) towards the redevelopment costs and purchased the next door lot for $380,000. The project is also benefiting from some water pressure works being undertaken for the CBD, which assists with the Roxy achieving fire compliance.

Council’s 2020/2021 Budget currently allows for borrowings of $500,000 which is expected to cost $167,932 in interest over a 20-year loan period. If Council were to borrow the additional $631,100 for Stage 1, it will cost an additional $211,964 in interest, making it a total cost to Council of $379,896 in interest over the 20-year term of the loan. Annual repayments will increase from $33,397 (2 payments per year) for the $500,000 loan to $75,550 for the full loan of $1,131,100.

51 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Loan funding is considered appropriate as the benefits are intergenerational.

Council has recently received $650,000 from the Federal Government as part of a Covid-19 economic recovery package. Council could investigate using all or some of those funds for Stage 1 instead of borrowing funds.

FURTHER ADVICE ADDED 22 JUNE 2020

Council’s updated 2020/2021 draft budget in the June Council Meeting Agenda now allows for the full borrowings for Stage 1 ($500,000 plus $631.000), totalling $1,131,100,000 which is expected to cost approximately $379,896 in interest over a 20-year loan period. Annual repayments will be $75,550 (2 payments per year) dependant on the interest rate available at the time the loan is taken out.

(b) Policy

Community Engagement Strategy Borrowing and Use of Loan Funds Roxy Community Theatre Conservation Management Plan

The Roxy Community Theatre is a State Heritage Listed building and works undertaken must adhere to State Heritage guidelines and requirements.

NSW DPIE Heritage will be an approval authority for the development application.

(d) Risk

The following are key risks and they have been/will be mitigated:

Risk rating after mitigation Risk Proposed mitigation Consequence Likelihood Rating Extensive consultation with key stakeholders Community Expectation not Set up of the Roxy Redevelopment Significant Unlikely Medium met by Project Committee toward the recommendation of Final option for the redevelopment Financial Risk – Project Costs Project Design team setup including escalate beyond available PM & Quantity Surveyor to manage Significant Unlikely Medium funding project and track/manage costs Project Milestones not Project Manager engaged to manage Moderate Possible Medium achieved project and track/manage costs Funder an integral component of Any change of scope or Project Control Group, and working variation to deed not Moderate Possible Medium with LSC to deliver outcomes consistent approved by Funder with Funding deed Conservation Management Plan

developed by Heritage Consultant DPIE Heritage approval not Ongoing liaising with DPIE Heritage Significant Unlikely Medium received Heritage statements developed and

submitted with DA

52 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 CONSULTATION

(a) External

• Have Your Say Leeton Community Engagement Website – 16 responses received. • Sharing of 30-minute video explaining the final concept plans via the Leeton Shire and Leeton Roxy Community Theatre Facebook pages. • Double page spread and a media article in The Irrigator advertising final concept plans being on exhibition and inviting submissions. • Regular facebook promotion on the opportunity to submit. • Individual online meetings during the consultation period were held with all the local schools, caterers, TAFE NSW and Di Salvatore Dance Academy to share the final concept design and gain any further feedback from these groups. • Local disability support services provider Kurrajong and special needs school Gralee met with the Roxy Theatre Coordinator and RRC Chair to give final thoughts from a disability access perspective. • Due to the Covid-19 restrictions at the time, a wider general public (face-to- face) meeting was unable to be facilitated during the consultation period.

(b) Internal

Co-Chair Roxy Redevelopment Project Control Group (Director Operations) Manager Special Projects Manager Finance Roxy Theatre Coordinator

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

1⇩ Roxy Redevelopment - Double Page Spread in The Irrigator

2⇩ Roxy Redevelopment Summary of Submissions

3 Detailed Budget Estimates for Roxy Theatre Redevelopment - Attached separately - Confidential

53 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.6 Attachment 1 - Roxy Redevelopment - Double Page Spread in The Irrigator Page 54

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 55

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 56

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 57

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 58

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 59

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 60

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 61

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 62

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 63

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 64

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 65

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 66

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 67

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 68

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 69

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 70

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 71

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 72

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 73

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 74

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 75

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 76

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 77

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Item8.6 Attachment 2 - Roxy Redevelopment Summary of Submissions Page 78

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.7 NEW RESIDENTS' KIT

RECORD NUMBER 20/217

RELATED FILE NUMBER

AUTHOR/S Communications Coordinator

APPROVER/S General Manager

SUMMARY/PURPOSE

The purpose of this report is to provide Councillors with the draft New Residents’ Kit. This document aims to provide new Leeton Shire residents with an introduction to services, facilities and places in the Shire, assisting them to feel welcome and settle in smoothly.

RECOMMENDATION

THAT Council endorses the draft New Residents’ Kit for publication.

REPORT

(a) Background

The development of a New Residents’ Kit is an action in the 2019-20 Operational Plan. The draft New Residents’ Kit (attached) is a comprehensive document that has been developed over the past few months with content being researched, compiled and checked for accuracy in consultation with various Council officers and external groups. The draft document is divided into the following main sections:

• Welcome, Shire Overview and Introduction to Your Council • Services, Facilities and Places (set out in alphabetical order) • Your Property (Council Services).

(b) Discussion

The topics included in the document are those likely to be of most interest to new residents. For example, information has been included on major services, facilities and places in the Shire such as aged and disability services, emergency services, medical facilities, education providers, family services, sporting and recreational activities, religious organisations, general businesses, Council property services and more.

To ensure the New Residents’ Kit is kept at an appropriate size that can be reasonably navigated by the audience and maintained by Council, not every service, facility and place in the Shire has been mentioned. In such cases, readers are encouraged to visit the online Community Services Directory (developed by

79 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 Council) for further information. The New Residents’ Kit and online Community Services Directory are complementary and work hand in hand to ensure residents have access to the information they could be seeking.

Photos have been used throughout the New Residents’ Kit to create a welcoming vibe and depict Leeton’s vibrant and diverse community.

It is recommended that if the document is endorsed, an official launch be held at a public venue such as the Major Dooley Library or the Visitors Information Centre (when permitted under COVID-19 rules). It is also recommended that the document be reviewed internally at least once a year by the Community Services team to ensure the document is kept current and relevant.

The New Residents’ Kit will be available online on Council’s website as this is the most cost effective and accessible method for the wider community. There will also be printed copies for reading at the library, the Visitors Information Centre, the Multipurpose Centre and the Council administration building.

1) To endorse the Draft New Residents’ Kit for publication. 2) To not endorse the Draft New Residents’ Kit for publication.

Option 1 is recommended.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

There are no financial implications for the launch of the Kit.

(b) Policy

There are no policy implications arising from this report.

Nil

(d) Risk

There could be a reputational risk if the document is not kept up to date, however, an internal review will be undertaken at least once a year.

CONSULTATION

(a) External

Various groups

80 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (b) Internal

Manager Community Services Manager Library Library Officers Manager Finance Manager Visitor, Cultural and Local Economy Manager Open Space and Recreation Events and Cultural Services Coordinator Corporate and Community Planning Officer Regulatory Services Coordinator Events Officer Planning Officer General Admin Officer – Community Services Visitor Services Officer Survey and Design Engineer

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 1 - “A HEALTHY AND CARING COMMUNITY” within Council’s adopted Delivery Program/Operational Plan – 03 - A community that is friendly and inclusive - 3d is to “Foster a cohesive community that welcomes new residents and values cultural diversity - Develop and maintain a new residents' kit”. ATTACHMENTS

1⇨ Draft Leeton New Residents' Kit - Attached separately

81 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 BUSINESS AND INVESTMENT MATTERS

ITEM 8.8 THE MAKING OF RATES AND CHARGES FOR THE 2020/2021 FINANCIAL YEAR

RECORD NUMBER 20/223

RELATED FILE NUMBER EF20/1

AUTHOR/S Manager Finance

APPROVER/S Director Business and Investment

SUMMARY/PURPOSE

The purpose of this report is to make the Rates and Charges for the 2020/2021 financial year. Once the 2020/2021 Operational Plan (including 2020/2021 Budget) has been adopted by Council, the Rates and Charges can be made in accordance with Section 532 of the Local Government Act 1993 (the Act).

RECOMMENDATION

THAT Council authorises the General Manager to prepare and serve the following 2020/2021 Rate Notices or, in her absence, they may be served by the Director Business and INvestment.

1. Ordinary Rates

a) Ordinary Rate - Residential

In accordance with section 494 of the Local Government Act 1993, Council make the Base Amount $476 for Ordinary Rates for the 2020/2021 financial year, which represents 48% of the total revenue for the Residential Rating category and make the Ad Valorem component of the rate at 0.0072435 cents in the dollar on all land value of all rateable land within the Residential Rating category.

b) Ordinary Rate - Farmland

In accordance with section 494 of the Local Government Act 1993, Council make the Base Amount $738 for Ordinary Rates for the 2020/2021 financial year, which represents 20% of the total revenue for the Farmland Rating category and make the Ad Valorem component of the rate at 0.00739592 cents in the dollar on all land value of all rateable land within the Farmland Rating category.

c) Ordinary Rate – Business

In accordance with section 494 of the Local Government Act 1993, Council make the Base Amount $320 for Ordinary Rates for the 2020/2021 financial year, which represents 25% of the total revenue for the Business Rating category and

82 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 make the Ad Valorem component of the rate at 0.0865922 cents in the dollar on all land value of all rateable land within the Business Rating category.

2. Charges – Sewerage Local Fund

a) Sewerage Annual Charge - Residential

That Council make the Sewerage Annual Charge – Residential for the 2020/2021 financial year $618 for each parcel of land categorised as Residential land within the Leeton, Yanco and Whitton Sewerage Local Rate Areas in accordance with section 501 of the Local Government Act 1993.

b) Sewerage Annual Charge – Non-Residential

That Council make a usage charge of $1.15 per kilolitre with a minimum charge equivalent to the Residential Sewerage Annual Charge of $618 calculated in accordance with Guidelines for Best Practice Pricing as set down by the NSW Office of Water.

The charge is to apply to each water meter attached to the assessment categorised as Non-Residential land within the Leeton, Yanco and Whitton Sewerage Local Rate Areas in accordance with section 501 of the Local Government Act 1993.

The Non-Residential Sewer Access charge be as follows:

Meter Size Access Charge $ 20mm 131.24 25mm 206.06 32mm 337.61 40mm 527.52 50mm 824.25 80mm 2110.08 100mm 3297.00 150mm 7418.25 200mm 13188.00

3. Interest Rate on Overdue Rates and Charges

That the interest rate to be charged on all overdue Rates and Charges and arrears during the 2020/2021 financial year to be set at 0% for the period 1 July 2020 to 31 December 2020 and then 7% from 1 January 2021 to 30 June 2021.

4. Domestic Waste Management Charge

That Council make a Domestic Waste Management Charge under section 496 of the Local Government Act 1993 of $270 on all rateable parcels of land for which there is a full service.

83 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 5. Waste Management Charge

That Council make a Waste Management Charge under section 501 of the Local Government Act 1993 of $280 to the non-residential and non-rateable parcels of land in the Leeton Shire Council area being rendered a full service.

6. Landfill Access Charge

That Council make a Landfill Access Charge under section 501 of the Local Government Act 1993 of $56.50 (GST Inclusive) to all parcels of land not having access to the Domestic Waste Collection Service under section 496 and Waste Collection Services under section 501 of the Local Government Act 1993.

That Council make a Landfill Access Charge under section 501 of the Local Government Act 1993 of $56.50 (GST Inclusive) for each parcel of rateable land for which the service is available and is unoccupied.

7. Recycling Service Charge

That Council make a Recycling Service Charge under section 501 of the Local Government Act 1993 of $140 on all parcels of land for which there is a full Domestic Waste Collection Service.

Recycling Services for non-residential and non-rateable properties will be optional and those properties wishing to use the service will be charged at the rate of $140 per annum.

8. Water Charges

That Council make the following water charges:

a) Access Charges

Meter Size Access Charge $ 20mm 285.00 25mm 285.00 32mm 727.00 40mm 1135.00 50mm 1773.00 65mm 2997.00 80mm 4541.00 100mm 6989.00 150mm 11917.00

b) Consumption Charges – Residential

- for the first 300 kilolitres (kl) = $1.15 per kl - from 301 kilolitres to 600 kilolitres = $1.65 per kl - thereafter = $2.90 per kl

Strata Properties with single meter $1.80 per kl for all consumption.

84 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

c) Consumption Charges – Non Residential

- for the first 300 kilolitres (kl) = $1.15 per kl - thereafter = $1.65 per kl

9. Stormwater Management Charge

That Council make a Stormwater Management Charge under section 496A of the Local Government Act 1993 of $25 for developed residential properties, $12.50 for each residential strata unit and $25 for eligible properties within the Ordinary Business Rating category area and $12.50 for each business strata title unit.

10. On-site Sewerage Management Service Fee

That Council make an annual Administration Service Fee under Section 608 (2) of the Local Government Act 1993 of $8 per annum for an approval to operate a system of sewerage management.

11. Fees and Charges

That Council make the Fees and Charges for the 2020/2021 financial year as per the adopted 2020/2021 Operational Plan (which includes the Revenue Policy (Fees and Charges) for 2020/2021).

REPORT

(a) Background

Proposed rates and charges for the 2020/2021 financial year were included in the Draft Operational Plan for 2020/2021 (including Draft Budget Summary), which was endorsed for public exhibition by Council at its May 2020 meeting. Council consulted on a rates increase of 2.6% (the NSW rate peg for 20/21).

The Draft Operational Plan for 2020/2021 was advertised and placed on public exhibition from Wednesday 13 May 2020 until Wednesday 10 June 2020.

(b) Discussion

Rates and charges are the primary source of revenue for Council. Such revenue is critical for funding operational expenditure used in service delivery to the community in addition to the funding of the maintenance and renewal of Council’s Infrastructure assets.

Section 532 of the Local Government Act 1993 Publication of draft operational plan states the following “A Council must not make a rate or charge until it has given public notice (in accordance with section 405) of its draft operational plan for the

85 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 year for which the rate or charge is to be made and has considered any matters concerning the draft operational plan (in accordance with that section)”.

There have been no significant changes in the Rates from the 2019/2020 Financial Year. There have also been no significant changes in the Fees and Charges for the 2020/2021 financial year.

1. Adopt the recommendation.

2. Amend the recommendation.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

The details of the income raised by Rates and Charges including how it is spent is as outlined in Council’s adopted 2020/2021 Operational Plan.

(b) Policy

All rates and charges are listed in Councils Revenue Policy (Including Fees and Charges) which is included in its 2017-2021 Delivery Program and the 2020/2021 Operational Plan.

Local Government Act 1993.

(d) Risk

Without a resolution from Council staff cannot make the rates needed to fund Council’s operations. Section 533 of the Act states that the rates need to be made prior to 1 August in the year the rate or charge is made.

There may be a reduced capacity to pay rates from some ratepayers negatively affected by Covid-19. Council has a Hardship Policy and ratepayers can make application if they are in financial strife.

CONSULTATION

(a) External

The Draft Operational Plan for 2020/2021 and Revenue Policy (including Fees and Charges) were placed on public exhibition and on Council’s website for the period from 13 May 2020 until Wednesday 10 June 2020.

(b) Internal

Rates Officer

86 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

ATTACHMENTS

There are no attachments for this report.

87 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020 ITEM 8.9 2019/2020 BUDGET REVIEW FOR THE QUARTER ENDING 31 MARCH 2020

RECORD NUMBER 20/212

RELATED FILE NUMBER EF19/4

AUTHOR/S Manager Finance

APPROVER/S Director Business and Investment

SUMMARY/PURPOSE

The purpose of this report is for Council to review the budget estimates for the 2019/2020 Financial Year as at the third quarter (31 March 2020) and to revise the budget estimates for the Financial Year.

RECOMMENDATION

THAT the review of Council’s Budget as at 31 March 2020 be noted and the variations contained in the Quarterly Budget Review Statements (Budgeted Income Statement – Consolidated and Capital Expenditure Funding Source and Asset Classification included as part of Attachment 1) be adopted.

REPORT

(a) Background

The Quarterly Budget Review illustrates the revised budget result in both the Income Statement format (referred to as Operating Result) used in the Annual Financial Statements and by Function. The Quarterly Budget Review also includes a statement on Cash & Investments, which considers movements in cash restrictions.

(b) Discussion

A copy of the detailed Quarterly Budget Review document is attached to this report. The document is in the form required by the Office of Local Government. The Quarterly Budget Review is a primary reporting document required to measure how Council is performing against the Budget for 2019/2020.

Consolidated Result

The movement in the Operating Result before Grants and Contributions provided for Capital Purposes over the quarter is shown in the table below:

88 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020

The projected Consolidated Operating result before capital amount has declined from the December Budget Review of a surplus of $246,528 to a surplus of $218,421 as at 31 March 2020.

The variations are summarised below, with the details outlined in the sections that are following and in Attachment 1:

• Increases to income of $4,589,962 consisting of Operating Grants $477,144 (including Grandstand funds), Capital Grants $1,936,510 (including drought funding), User Fees and Charges $2,093,080 (including RMS roads funding), Rates and Annual Charges $1,651 and Other Income $81,577.

• A decrease in Interest earned on Investments of $97,000.

• A decrease to budgeted employee costs of $130,675.

• An increase to Materials and Contracts of $2,661,234 (including RMS roads and grandstand costs).

• An Increase to Other Expenditure of $54,000.

Income & Expenses by Function

The graph below compares the differences between the original operational budgeted income and expense by function against the March 2020 review considering all operational re-votes and carry forwards. The functional areas run along the y-axis of the graph:

89 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020

Across the various functions there have been changes in the comparisons between the budgeted income and expenses. The March review has seen that the increases in expenditure $2,584,559 have not been fully covered by an increase to corresponding operating income of $2,556,452 ($4,492,962-$1,936,510). The most significant increase in income of $2,085,080 in the Transport and Communication Function (RMS) will be fully expended by the roads department.

The quarterly deficit of $28,107 has come about due to the forecast increases in expenditure of $2,584,559. This expenditure has largely been offset by an increase to revenue. These increases are an increase to the RMS Contribution of $2,085,080, grant income of $2,413,654, other revenue of $81,577, an increase to Rates and Annual Charges of $1,651, an increase to water tapping fees of $8,000 and a decrease in interest income of $97,000.

The quarterly deficit of $28,107 brings the estimates year end June 2020 result to a surplus of $218,421.

Additionally, with the further development of the general ledger format to clearly show all income and expenses by the relevant functions for better transparency and better departmental reporting, we have carried out minor adjustments between the functions that have not increased either the income or expenses overall.

90 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020

Capital Budget

There have been some variations to the Capital Budget during the March 2020 Quarter that have increased the expenditure by $1,554,732. The majority of this increase $1,549,060 has been funded by grants, with an amount of $5,672 to cover additional spending on shoulder widening being funded from rates. The projects being carried out include the RFS Fire shed $69,443, the LELC Project $167,000, the increase to the skatepark expansion $50,000, the CBD Enhancement Stage 3 $262,617 and the various projects under the Drought Relief Round 3 funding of $1,000,000.

Cash & Investments

Council’s considerable capital program will have an impact of reducing the restricted funds held by Council as at 30 June 2020 by $1,647,703 as can be seen on the graph below.

The graph below demonstrates that Council’s Investment Funds are predicted to increase by $828,935 by 30 June 2020. This increase is due to the increase of $2,475,638 to unrestricted funds which are estimated to increase from $331,112 to $2,807,750 with internally restricted funds estimated to drop by $1,342,432 and externally restricted funds estimated to drop by $305,271by 30 June 2020.

1. Adopt the Quarterly Budget Review as recommended.

2. Adopt the Quarterly Budget Review with amendments.

91 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020 IMPLICATIONS TO BE ADDRESSED

(a) Financial

Overall Position

The Responsible Accounting Officer Statement (Page 2 of Attachment 1) indicates that Council’s budget position at 31 March 2020 is considered satisfactory compared to the original 2019/2020 budget which was adopted by Council.

(b) Policy

The Quarterly Budget Review is required in accordance with clause 203 of the Local Government (General) Regulation 2005.

Specifically, clause 203 of the Local Government (General) Regulation 2005 states the following:

1. Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council's revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2. A budget review statement must include or be accompanied by:

(a) A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and (b) If that position is unsatisfactory, recommendations for remedial action.

3. A budget review statement must also include any information required by the Code to be included in such a statement.

(d) Risk

If Council does not adopt the March 2020 Budget Review Statements, then Leeton Shire Council will not meet its compliance obligations.

CONSULTATION

(a) External

Nil

92 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020

(b) Internal

All Officers Responsible for Budget Management. Senior Management Team (SMT).

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

ATTACHMENTS 1⇩ March 2020 QBRS Summary

93 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 94

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 95

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Item8.9 Attachment 1 - March 2020 QBRS Summary Page 96

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 97

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 98

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 99

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 100

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 101

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 102

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 103

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 104

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.9 Attachment 1 - March 2020 QBRS Summary Page 105

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.10 INVESTMENTS REPORT FOR APRIL 2020

RECORD NUMBER 20/194

RELATED FILE NUMBER EF10/137

AUTHOR/S Finance and Customer Service Coordinator

APPROVER/S Manager Finance Director Business and Investment

SUMMARY/PURPOSE

The purpose of this report is to provide details to the Councillors on the funds which have been invested during the month of April 2020.

RECOMMENDATION

THAT the information contained in the Investments Report for April 2020 be noted.

REPORT

(a) Background

This report is required to be prepared on a monthly basis and presented to the next available Ordinary Council Meeting in accordance with Clause 212 of the Local Government (General) Regulation 2005.

(b) Discussion

Leeton Shire Council has $17,125,110 invested with local bank branches and credit unions. This equates to 37.60% of the total investment portfolio as at 30 April 2020. The total current investment portfolio of $45,585,110 is invested in Approved Deposit Institutions (ADI) which are regulated by the Australian Prudential Regulatory Authority (APRA).

Attached to this report is a Statement of Bank Reconciliation (Attachment 1) and a Summary of Investments (Attachment 2) as at 30 April 2020.

The Statement of Bank Reconciliation details what Council has in its bank account at 30 April 2020 (after taking into account unpresented cheques, unpresented deposits and unpresented debits) compared to what Council has in its general ledger as at 30 April 2020.

The Summary of Investments details all of the investments held by Leeton Shire Council as at 30 April 2020 (including the on-call account). It also details the institutions where the investments are held, how long the investments have been held by amount and percentage, and differentiates the investments between current (12 months or less) and non-current (over one year).

106 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

The table below details the monthly movements of investments for April 2020:

Opening balance as at 1 April 2020 $ 45,284,918 Less: Maturities (8) $ 7,000,000 Subtotal $ 38,284,918 Plus: Roll-overs (4) $ 3,500,000 New Investments (0) $ 0 Business Online Saver (BOS) movements $ 800,192 Closing balance as at 30 April 2020 $ $42,585,110

During April 2020, four investment maturities were rolled over and four investment maturities were redeemed.

The following table details the investment holdings split between the Banks and Credit Unions:

Banks $38,585,110 Credit Unions $ 4,000,000 TOTAL $42,585,110

The following table details the break-up of investments according to the restrictions which are placed on them:

Total Investments $ 42,585,110 Less restrictions Water Supply $ 16,369,270 Sewerage Services $ 8,268,179 Other external restrictions $ 4,739,683 Internal restrictions $ 12,307,616 Total restrictions $ 41,684,748

Net unrestricted investments $ 900,362

Externally restricted funds can only be used for the purposes for which they were raised. These include water, sewer, domestic waste operations and unexpended specific purpose grants.

Internal restrictions are funds set aside by a Council resolution, usually through adoption of the Budget or as part of the Quarterly Budget Review process. Internally restricted funds can be set aside to fund specific items such as plant replacement, infrastructure renewal, unplanned building renewal or liabilities such as employee leave entitlements.

107 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Unrestricted cash is used to provide working capital for Council to fund short-term operations and fluctuations in payables and receivables. The level of unrestricted cash can vary depending upon the level of outstanding creditors and debtors at month-end.

At its meeting on 5 May 2020, the Reserve Bank of Australia decided to maintain the current policy settings, including the targets for the cash rate and the yield on 3-year Australian Government bonds of 25 basis points.

The global economy is experiencing a severe downturn as countries seek to contain the corona virus (COVID-19). Many people have lost their jobs and a sharp rise in unemployment is occurring. At the same time, containment measures have reduced infection rates in a number of countries. If this continues, a recovery in the global economy may begin later this year, supported by both the large fiscal packages and the significant easing in monetary policies.

Given this outlook, it is reported that the Reserve Bank of Australia (RBA) will maintain its efforts to keep funding costs low in Australia and credit available to households and businesses. The RBA Board is committed to do what it can to support jobs, incomes and businesses during this difficult period and to make sure that Australia is well placed for the expected recovery. The RBA Board will not increase the cash rate target until progress is being made towards full employment and it is confident that inflation will be sustainably within the 2–3 per cent target band.

The average yield on Council investments for April 2020 fell to 2.02%, a drop of 0.11% from the 2.13% rate in March 2020.

The following column graph compares monthly accrued interest with the original budgeted interest for each month:

108 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

The actual interest received for April 2020 of $73,952 is lower than the budgeted amount of $91,978 by $18,026.

The following line graph compares year-to-date interest with the original budgeted interest for the period. This shows that Council’s actual investment income is tracking lower than the original budget as at 30 April 2020.

The following tables provide information on investment rates this year compared to last year, as well as a comparison of investment balances from this year to last year:

Performance Measures This Year Last Year Portfolio Average Interest Rate (year to date) 2.32% 2.83%

Investment Balances This Year Last Year Opening Balance as at 1 April $45,284,981 $41,872,373 Current Balance as at 30 April $42,585,110 $40,774,373

109 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 Lehman Brothers

Lehman Brothers Australia Dividend Payment Update:

The latest news is that the Liquidators are still seeking a tax ruling from the Australian Tax Office and this remains the impediment to paying out any further dividends from the Lehman Brothers Australia estate. The tax problem arises from actions taken by Lehman Brothers Holding Inc. (the US parent entity within the Lehman Group of companies) that caused a technical reorganisation of Lehman Brothers Australia in 2015. Under Australian tax law this technical reorganisation has resulted in Lehman Brothers Australia losing all its tax loss carry-forwards as a result of its 2008 bankruptcy, meaning theoretically it now has a very large tax bill.

However, Lehman Brothers Australia has contested this ruling as the purpose of the tax laws was to address offshore companies re-organising themselves to prevent (or minimise) the payment of corporate tax on profits generated in Australia. Lehman Brothers Australia appears to have unwittingly been captured under the legislation having breached the ‘same business’ test, even though it was in bankruptcy and not trying to avoid tax. The issue for the Australian Taxation Office appears to be providing a ruling that allows Lehman Brothers Australia to recover its tax losses but without setting a precedent that can be used by other companies that are trying to circumvent the legislation and avoid paying tax in Australia. The size of the tax dispute is such that Lehman Brothers Australia is unwilling or unable to pay a dividend to creditors until the tax issue is resolved.

This report is for information only.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

The rate of return across the portfolio is 2.02% for April 2020. The budgeted percentage for the 2019-20 financial year is 3.0%.

The level of funds is higher than expected in Council’s total investment portfolio, but interest earned is tracking lower than the original budget due to the lower interest rates that Council is currently receiving. The budgeted interest rate will be monitored over the financial year and amended down as part of one of the revised budgets if required.

The consolidated actual investment income from 1 July 2019 to 30 April 2020 compared to the budgeted annual investment interest from 1 July 2019 to 30 April 2020 is detailed below:

Actual Interest Earned from 1 July 2019 to 30 April 2020 $869,850

Budgeted Interest – 1 July 2019 to 30 April 2020 $919,777 Variance - Negative -$49,927

110 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (b) Policy

All funds are invested in accordance with Leeton Shire Council’s Investment Policy. Investments are to be considered in conjunction with the following key criteria:

• No Institution at any time shall hold more than 45% of Council’s total investments. The maximum will be determined by the short-term rating of the institution: A1+ up to 45%, A1 up to 35%, and A2 up to 30%.

• The Trustee Act 1925 provides for investments with Building Societies and Credit Unions. Whilst they are not rated, they are now covered under Financial Prudential legislative controls.

• The maximum amount of funds invested with a Building Society/Credit Union will be 5% of Council’s total investments at the time the investment was placed. Not more than 40% of Council’s portfolio should be held with Building Societies/Credit Unions in total at the time of placing each investment.

• Council’s investments should be placed in an appropriate mixture of short-term (0–1 year) and medium term (1–5 years) categories according to Council’s funding requirements and risk profile at the time of placing each investment.

Council’s Portfolio Compliance

Asset Allocation

The majority of the portfolio is directed to Fixed-Term Deposits (82.45%), followed by Floating Rate Notes (12.56%). The remainder of the portfolio is held in the overnight cash account with the Commonwealth Bank of Australia (4.99%).

Term to Maturity

Overall, the portfolio remains lightly diversified from a maturity perspective with deposits maturing out to five years.

Counterparty

At 30 April 2020, Council did not have an overweight position to any single Authorised Deposit Taking Institution. The portfolio is well-diversified across the entire credit spectrum, including the unrated Authorised Deposit Taking Institution.

Credit Quality

The portfolio remains well-diversified from a credit ratings perspective, with the portfolio spread across the entire credit spectrum.

All aggregate ratings categories are within the Policy limits.

111 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

The following table details the credit rating of each of the categories where Council has money invested. All investments are compliant with Council’s Investment Policy:

Max. Limit Compliant Credit Rating Invested ($) Invested % (%) Available ($) Yes AA Category $12,830,267 30.13% 100.00% $29,748,660 Yes A Category $3,500,000 8.22% 100.00% $39,078,927 Yes BBB Category $22,248,660 52.25% 100.00% $20,330,267 Yes Unrated ADI's $4,000,000 9.40% 40.00% $13,031,571 $42,578,927 100.00%

Note: Valuations of Council’s senior FRNs on the Imperium Markets platform are marked-to-market and priced on a daily basis from an independent third-party provider. Council has recorded its FRNs internally at the purchase price or face value. As such, the total portfolio’s balance is likely to differ as at the reporting date.

A credit rating is an evaluation of the credit risk of a prospective financial institution predicting their ability to pay back the investment and interest at maturity and an implicit forecast of the likelihood of the institution defaulting.

The credit ratings are an opinion based on the credit-worthiness of the company issuing the security and are assigned by Australian Ratings based on publicly available information at a point in time.

If a company is unrated, it does not necessarily mean that its interest rate securities are high risk, but it does mean that investors will have to turn to other means to evaluate its financial strength or the security's complexity. Council utilises its investment advisors to gather company research data to ensure that due diligence is performed for all of its investments.

All funds are invested in accordance with Section 625 of the Local Government Act 1993 and the Ministerial Investment Order.

Clause 212 of the Local Government (General) Regulation 2005 requires an Investment Report to be prepared monthly and presented to the next available Ordinary Council Meeting.

112 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (d) Risk

The following table provides information on investment types including a risk assessment and the amount and percentage invested compared to the total investment portfolio:

Risk Assessment Amount Investment Type % of Portfolio Capital Interest $'000 Term Deposits Low Low 35,110 82.45 Cash/At Call Deposits Low Low 2,125 4.99 Floating Rate Notes Low Low 5,350 12.56

TOTAL 45,285 100.00

CONSULTATION

(a) External

Council’s investment advisors are Amicus Advisory and Imperium Markets. Both investment advisors were contacted by staff for advice during the month of April 2020.

(b) Internal

No additional internal consultation was undertaken.

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

ATTACHMENTS

1⇩ Statement of Bank Reconciliation - 30 April 2020

2⇩ Summary of Investments - 30 April 2020

113 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.10 Attachment 1 - Statement of Bank Reconciliation - 30 April 2020 Page 114

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.10 Attachment 2 - Summary of Investments - 30 April 2020 Page 115

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.10 Attachment 2 - Summary of Investments - 30 April 2020 Page 116

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.10 Attachment 2 - Summary of Investments - 30 April 2020 Page 117

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.10 Attachment 2 - Summary of Investments - 30 April 2020 Page 118

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.11 INVESTMENTS REPORT FOR MAY 2020

RECORD NUMBER 20/206

RELATED FILE NUMBER EF10/137

AUTHOR/S Finance and Customer Service Coordinator

APPROVER/S Manager Finance Director Business and Investment

SUMMARY/PURPOSE

The purpose of this report is to provide details to the Councillors on the funds which have been invested during the month of May 2020.

RECOMMENDATION

THAT the information contained in the Investments Report for May 2020 be noted.

REPORT

(a) Background

This report is required to be prepared on a monthly basis and presented to the next available Ordinary Council Meeting in accordance with Clause 212 of the Local Government (General) Regulation 2005.

(b) Discussion

Leeton Shire Council has $23,325,291 invested with local bank branches and credit unions. This equates to 49.90% of the total investment portfolio as at 31 May 2020. The total current investment portfolio of $46,785,291 is invested in Approved Deposit Institutions (ADI) which are regulated by the Australian Prudential Regulatory Authority (APRA).

Attached to this report is a Statement of Bank Reconciliation (Attachment 1) and a Summary of Investments (Attachment 2) as at 31 May 2020.

The Statement of Bank Reconciliation details what Council has in its bank account at 31 May 2020 (after taking into account unpresented cheques, unpresented deposits and unpresented debits) compared to what Council has in its general ledger as at 31 May 2020.

The Summary of Investments details all of the investments held by Leeton Shire Council as at 31 May 2020 (including the on-call account). It also details the institutions where the investments are held, how long the investments have been held by amount and percentage and differentiates the investments between current (12 months or less) and non-current (over one year).

119 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

The table below details the monthly movements of investments for May 2020:

Opening balance as at 1 May 2020 $ 42,585,110 Less: Maturities (5) $ 4,000,000 Subtotal $ 38,585,110 Plus: Roll-overs (3) $ 2,000,000 New Investments (1) $ 1,000,000 Business Online Saver (BOS) movements $ 5,200,181 Closing balance as at 31 May 2020 $ $46,785,291

During May 2020, three investment maturities were rolled over, one new investment was placed and one investment maturity was redeemed.

The following table details the investment holdings split between the Banks and Credit Unions:

Banks $42,785,291 Credit Unions $ 4,000,000 TOTAL $46,785,291

The following table details the break-up of investments according to the restrictions which are placed on them:

Total Investments $ 46,785,291 Less restrictions Water Supply $ 16,634,588 Sewerage Services $ 8,459,795 Other external restrictions $ 4,739,683 Internal restrictions $ 12,307,616 Total restrictions $ 42,141,682

Net unrestricted investments $ 4,643,609

Externally restricted funds can only be used for the purposes for which they were raised. These include water, sewer, domestic waste operations and unexpended specific purpose grants.

120 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

At its meeting on 2 June 2020, the Reserve Bank of Australia decided to maintain the current policy settings, including the targets for the cash rate and the yield on 3-year Australian Government bonds of 25 basis points.

The Reserve Bank of Australia is committed to do what it can to support jobs, incomes and businesses and to make sure that Australia is well placed for recovery from the COVID-19 pandemic. This accommodative approach will be maintained as long as it is required. The RBA Board has indicated that it will not increase the cash rate until progress is being made towards full employment and it is confident that inflation will be sustainably within the 2–3 per cent target band.

The average yield on Council investments for May 2020 fell to 1.78%, a drop of 0.24% from the 2.02% rate in April 2020. As investment interest rates continue to fall, this impacts on council’s average interest yield.

The following column graph compares monthly accrued interest with the original budgeted interest for each month:

The actual interest received for May 2020 of $71,926 is lower than the budget amount of $91,978 by $20,052.

The following line graph compares year to date interest with the original budgeted interest for the period. This shows that Council’s actual investment income is tracking lower than the original budget as at 31 May 2020.

121 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

The following tables provide information on investment rates this year compared to last year, as well as a comparison of investment balances from this year to last year:

Performance Measures This Year Last Year Portfolio Average Interest Rate (year to date) 2.27% 2.83%

Investment Balances This Year Last Year Opening Balance as at 1 May $42,585,110 $40,774,373 Current Balance as at 31 May $46,785,291 $42,175,866

Lehman Brothers

Lehman Brothers Australia Dividend Payment Update:

There has been no updates for May 2020

Nil – this report is for information only.

122 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

IMPLICATIONS TO BE ADDRESSED

(a) Financial

The rate of return across the portfolio is 1.78% for May 2020. The budgeted percentage for the 2019-20 Financial Year is 3.0%.

The consolidated actual investment income from 1 July 2019 to 31 May 2020 compared to the budgeted annual investment interest from 1 July 2019 to 31 May 2020 is detailed below:

Actual Interest Earned from 1 July 2019 to 31 May 2020 $941,776

Budgeted Interest – 1 July 2019 to 31 May 2020 $1,011,754 Variance - Negative -$69,978

(b) Policy

All funds are invested in accordance with Leeton Shire Council’s Investment Policy. Investments are to be considered in conjunction with the following key criteria:

• The Trustee Act provides for investments with Building Societies and Credit Unions. Whilst they are not rated, they are now covered under Financial Prudential legislative controls.

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Council’s Portfolio Compliance

Asset Allocation

The majority of the portfolio is directed to Fixed-Term Deposits (75.04%), followed by the overnight cash account with the Commonwealth Bank of Australia (15.66%). The remainder of the portfolio is held in Floating Rate Notes (9.30%).

Term to Maturity

Overall, the portfolio remains lightly diversified from a maturity perspective with deposits maturing out to five years.

Counterparty

At 31 May 2020, Council did not have an overweight position to any single Authorised Deposit Taking Institution. The portfolio is well-diversified across the entire credit spectrum, including the unrated Authorised Deposit Taking Institution.

Credit Quality

The portfolio remains well-diversified from a credit ratings perspective, with the portfolio spread across the entire credit spectrum.

All aggregate ratings categories are within the Policy limits.

The following table details the credit rating of each of the categories where Council has money invested. All investments are compliant with Council’s Investment Policy:

Max. Limit Compliant Credit Rating Invested ($) Invested % (%) Available ($) Yes AA Category $17,036,165 36.42% 100.00% $29,746,292 Yes A Category $3,500,000 7.48% 100.00% $43,282,457 Yes BBB Category $22,246,292 47.55% 100.00% $24,536,165 Yes Unrated ADI's $4,000,000 8.55% 40.00% $14,712,983 $46,782,457 100.00%

124 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 The credit ratings are an opinion based on the credit-worthiness of the company issuing the security and are assigned by Australian Ratings based on publicly available information at a point in time.

All funds are invested in accordance with Section 625 of the Local Government Act 1993 and the Ministerial Investment Order.

Clause 212 of the Local Government (General) Regulation 2005 requires an Investment Report to be prepared monthly and presented to the next available Ordinary Council Meeting.

(d) Risk

The following table provides information on investment types including a risk assessment and the amount and percentage invested compared to the total investment portfolio:

Risk Assessment Amount Investment Type % of Portfolio Capital Interest $'000 Term Deposits Low Low 35,110 75.04 Cash/At Call Deposits Low Low 7,325 15.66 Floating Rate Notes Low Low 4,350 9.30

TOTAL 46,785 100.00

CONSULTATION

(a) External

Council’s investment advisors are Amicus Advisory and Imperium Markets. Both investment advisors were contacted by staff for advice during the month of May 2020.

(b) Internal

No additional internal consultation was undertaken.

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LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

ATTACHMENTS

1⇩ Statement of Bank Reconciliation - 31 May 2020

2⇩ Summary of Investments - 31 May 2020

126 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.11 Attachment 1 - Statement of Bank Reconciliation - 31 May 2020 Page 127

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.11 Attachment 2 - Summary of Investments - 31 May 2020 Page 128

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.11 Attachment 2 - Summary of Investments - 31 May 2020 Page 129

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.11 Attachment 2 - Summary of Investments - 31 May 2020 Page 130

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.11 Attachment 2 - Summary of Investments - 31 May 2020 Page 131

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 OPERATIONAL MATTERS

ITEM 8.12 S HAHN DA 30/2020: MULTI-DWELLING HOUSING APPLICATION

PROPOSAL Erection of dual occupancy (attached) creating multi dwelling housing PROPERTY Lot 13, Section 9, DP 758606

LOCATION/ADDRESS 11 Jarrah Street, Leeton

APPLICANT S Hahn

ZONING R3 Medium Density Residential APPLICABLE PLANNING INSTRUMENT Leeton Local Environmental Plan 2014 EXISTING DEVELOPMENT Dwelling house and auxiliary shed

OWNER S & JA Hahn APPLICATION DATE 9 June 2020 REASON FOR REFERRAL Submissions for objection received during neighbour notification period FROM Planning Officer

RELATED FILE NUMBER DD010.2020.00000030.001

SUMMARY/PURPOSE

Council received a development application (attached) for the erection of a dual occupancy created multi-dwelling housing at 11 Jarrah Street Leeton. The proposed dual occupancy will front Watsonia Lane.

The application was placed on public exhibition for a period of 14 days during which time four (4) adjoining land owners were notified of the proposed development. Two (2) submissions were received opposing the development.

RECOMMENDATION

THAT Council grants consent to Development Application 30/2020 for the erection of a dual occupancy creating multi-dwelling housing at Lot 13, Sec 9, DP 758606, 11 Jarrah Street, Leeton in accordance with the following conditions of consent:

Approved Plans

1. Approval is granted for the erection of a Dual Occupancy created Multi- Dwelling Housing and demolition of existing shed at Lot: 13, Sec: 9, DP: 758606, 11 Jarrah Street, Leeton to be undertaken generally in accordance with the stamped approved plans, Statement of Environmental Effects and other approved documentation except where modified in red or by any of the following conditions:

132 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Title/Plan no: Ref no: Sheet no: Drawn by: Dated: Statement of Lot 13 Sec 9 1-6 Adam Perry 9.1.2020 Environmental Effects DP 758606 BASIX Certificate 1065750M_03 1-12 Outsource Thursday, 30 Idea P/l January 2020 Site Plan 2404 1A Adam Perry 13.02.20 Architectural Design & Drafting Floor Plan 2404 2A Adam Perry 13.02.20 Architectural Design & Drafting Roof Plan 2404 3A Adam Perry 13.02.20 Architectural Design & Drafting Elevations 2404 4A Adam Perry 13.02.20 Architectural Design & Drafting Section 2404 5A Adam Perry 13.02.20 Architectural Design & Drafting Sediment 2404 6A Adam Perry 13.02.20 Control/Drainage Architectural Concept Plan Design & Drafting Landscape Concept 2404 7A Adam Perry 13.02.20 Architectural Design & Drafting Facade Concept 2404 8A Adam Perry 13.02.20 Architectural Design & Drafting Contour Plan 190525D1 - NGEO Surveys 23.05.2019 {Reason: To ensure that the development is undertaken in accordance with that assessed}

Contributions and Fees

2. In accordance with the Leeton Shire Council Section 94A levy Plan, the applicant shall pay the following section 94A monetary contribution:

a. Amount of Contribution $6,411.63 (1% of development cost)

133 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

b. Timing and Method of Payment The contribution shall be paid in the form of cash, credit or bank cheque made out to Leeton Shire Council. Evidence of payment to Leeton Shire Council shall be submitted to the Principal Certifying Authority prior to the release of the construction certificate.

c. Indexing The contributions will be adjusted in accordance with the requirements of the Leeton Section 94A Levy Plan {Reason: To meet the demands for public services and facilities as a result of the development within the Leeton Shire}

Prior to the Commencement of Works

Demolition

3. Should any contaminated, scheduled, hazardous or asbestos material be discovered before or during demolition works, the applicant and contractor shall ensure the appropriate regulatory authority (e.g. Office of Environment and Heritage (OEH), WorkCover Authority, Council, Fire and Rescue NSW etc.) is notified, and that such material is contained, encapsulated, sealed, handled or otherwise disposed of to the requirements of such Authority.

Note: Such materials cannot be disposed of to landfill unless the facility is specifically licensed by the OEH to receive that type of waste. {Reason: Council requirement to prevent the contamination of the environment}

4. Hazardous waste transport shall be undertaken in accordance with the requirements of the NSW Office of Environment and Heritage and any other relevant authority. {Reason: Statutory regulation of Environmental Protection Authority and to ensure Council is aware of movement of hazardous wastes}

5. A site rubbish enclosure shall be provided on the site for the period of the proposed demolition works prior to commencement of any such work. {Reason: Council requirement to prevent environmental damage by wind- blown litter}

6. Demolition work shall only be carried out within the following time:

Monday to Friday: 7.00 am to 6.00 pm Saturday: 7.00 am to 1.00 pm if inaudible on residential premises otherwise 8.00 am to 1.00 pm Sunday and public holidays: No demolition work permitted {Reason: Council requirement to reduce likelihood of noise nuisance}

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7. All loading and unloading of plant, machinery, plus all material(s) involved in the proposed demolition activities shall be undertaken within the confines of the allotment's boundary, unless specified otherwise in a Council approved Traffic Control Plan which is being implemented under the direction of an authorised Traffic Controller. {Reason: Requirement of Council so as not to create adverse traffic conditions}

8. All waste generated as a result of the proposed demolition shall be disposed of lawfully. A person is taken to have disposed of waste lawfully if he transports the waste to a place that can be lawfully used as a waste facility for that waste. In order to ensure that the place can be so used, the contractor will have to obtain an approved Notice pursuant to Section 63(7) Waste Minimisation and Management Act 1995 (as amended by Waste Minimisation and Management Amendment Act 1998 – Schedule 1) from the owner or occupier of the place to which the waste is to be transported if it is to a place other than the Council’s Waste Disposal Facility. {Reason: Statutory requirement of the Waste Minimisation and Management Act 1995 as amended and to provide for the environmentally sound collection and disposal of solid waste}

9. Any damage incurred to the footpath, kerbing and guttering, road or road shoulder, or any other utility services, shall be repaired/restored at full cost to the Developer and in accordance with Council's adopted AUS-SPEC #1 Development Specification Series - Construction standards. Should the Developer not complete repairs as necessary, and/or as directed by Council, Council will undertake such repair work(s) and recover the cost(s) from the Developer.

Note: It is recommended that the Applicant record the existing conditions of all footpaths, road and other Council property adjoining the subject site prior to the Contractor taking possession of the site. {Reason: Implementation of Council policy}

Asbestos

10. Prior to any demolition works commencing the following matters/works shall be undertaken and completed:

a. The electricity supply is to be disconnected to the satisfaction of the electricity service provider; b. The applicant shall give forty-eight (48) hours prior written notice of the commencement date for the proposed demolition, to the owner/ occupants of adjacent premises. Such written notice is to include the date when demolition will be commenced and details of the principal contractors name, address, business hours contact telephone number, and the appropriate NSW WorkCover Authority licence. c. A sign is required to be erected in a prominent position on any work site on which building or demolition work is being carried out. The sign shall indicate:

135 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 i. The name of the principal contractor and a telephone number at which that person may be contacted outside of working hours; and ii. That unauthorised entry to the work site is prohibited.

The sign is to be removed when the work has been completed. {Reasons: statutory requirement and health and safety; to ensure affected occupants are aware of demolition commencement; provide protection to public places and to prevent unauthorised access to the site and to protect public utilities and the public.}

11. The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures and the following:

a. The property being secured to prevent unauthorised entry. b. The removal of more than ten (10) square metres of non-friable asbestos or asbestos containing material shall be carried out by a licensed non-friable (Class B) or a friable (Class A) asbestos removalist. Friable asbestos (of any quantity) shall only be removed by a licensed removalist with a friable (Class A) asbestos removal licence. c. The person having the benefit of the consent shall provide Council with a clearance certificate to be prepared by a competent person such as a qualified hygienist at completion of asbestos removal/work from the site. d. Proper procedure shall be employed in the handling and removal of asbestos to minimise the risk to personnel and the escape of particles to the atmosphere. All asbestos removal shall be carried out in accordance with Safe Work Australia’s: “How to safely remove asbestos Code of Practice.” e. Five (5) days notification to commence demolition work shall be given to WorkCover NSW in accordance with the Work Health and Safety Regulation, 2011. Should you require information in relation to the safe disposal of asbestos waste, please contact the Environmental Protection Agency NSW (www.epa.nsw.gov.au). {Reason: to ensure that all demolition work is undertaken in a professional and responsible manner that complies with the requirements of the NSW WorkCover Authority.}

12. All materials containing asbestos that are damaged or defective are to be handled and removed from the site in accordance with Safe Work Australia’s: “How to safely remove asbestos Code of Practice.” {Reason: To minimise the risk to personnel and escape of asbestos particles to the atmosphere.}

Prior to the issue of any Construction Certificate

Fees

13. Prior to the issue of a Construction Certificate all outstanding Development Application fees must be paid. {Reason: To ensure the applicant has submitted the appropriate documentation prior to the commencement of works.}

136 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 Home Warranty Insurance

14. The applicant shall obtain insurance under the Home Building Compensation Fund in accordance with the provisions of Part 6 of the Home Building Act 1989 and a copy provided to Council prior to the commencement of works. {Reason: Compliance with prescribed conditions made under Environmental Planning & Assessment Regulation 2000.}

Fire Separating Wall

15. The details of the construction method and materials used in the erection of the intertenancy/fire separation wall are to be supplied to Council prior to the issue of a Construction Certificate for compliance assessment. {Reason: To comply with BCA Part 3.7.3 that states fire separating walls in a Class 1 dwelling must have a continuous fire-resistant level of 60/60/60}

Advice a. The fire wall separating the two attached dwellings is required to be carried through to the underside of the roof covering with no timber or other combustible material crossing such walls (other than roof purlins not greater than 75 mm x 50 mm or roof sarking).

b. The gap between the top of the fire wall and the underside of the roof covering shall be packed with mineral fibre or other suitable fire-resisting material.

c. Where the fire wall joins a masonry veneer external wall, any gap between the fire wall and the external masonry veneer shall be:

i. Not more than 50 mm; and ii. Packed with a mineral fibre or other suitable fire-resistant material with the packing arranged to maintain any weatherproofing requirements of Part 3.3.4. of the BCA.

Geotechnical Engineer

16. A Geotechnical Engineer’s report shall be submitted to Council and approved prior to the issue of a Construction Certificate. The report shall indicate the suitability of the land for the proposed development and detail any special building practices required for construction on land subject to fill. {Reason: To ensure all building and drainage work is designed in accordance with the site specifics.}

Structural Engineers Design

17. A statement from a practising Structural Engineer shall be submitted to the Certifying Authority prior to the issue of a Construction Certificate. {Reason: To ensure the structure is certified by an appropriately qualified structural engineer and adequate for the site’s soil conditions and imposed loadings.}

137 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 18. Two copies of a practising Structural Engineer's plan of the reinforced concrete footings and slab and the structural steel framework shall be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate. {Reason: To ensure the structure is certified by an appropriately qualified structural engineer and adequate for the site’s soil conditions and imposed loadings.}

On Commencement of Works

Approved Plans

19. A copy of the stamped approved plans shall be kept on site for the duration of site works and be made available upon request to either the Principal Certifying Authority or an officer of the Council. {Reason: To ensure the Principal Contractor has access to the approved plans.}

Building Code of Australia

20. All building work shall be carried out in accordance with the provisions of the Building Code of Australia. {Reason: Prescribed statutory condition under EP&A Act}

21. No activity is to be carried out on site until the Construction Certificate has been issued, other than:

a. Site investigation for the preparation of the construction, and/or b. Implementation of environmental protection measures, such as erosion control etc that are required by this consent. {Reason: To ensure the construction certificate is issued prior to the commencement of works.}

Public Access on Site

22. Public access to the construction site is to be prevented, when building work is not in progress or the site is unoccupied.

These prevention measures shall be in accordance with the NSW WorkCover publication titled, 'Site Security and Public Access onto Housing Construction Sites' and installed prior to the commencement of any demolition, excavation or building works and be maintained throughout construction. The use of barbed wire and/or electric fencing is not to form part of the protective fencing to construction sites. {Reason: To comply with the requirements set by WorkCover.}

23. A suitable hoarding or fence is to be erected between the building or site of the proposed building and any public place to prevent any materials from or in connection with the work, falling onto the public place.

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If it is intended or proposed to erect the hoarding or fence on the road reserve or public place, a separate application made under the Roads Act 1993 will need to be lodged with Council together with the associated fee. {Reason: To ensure the protection of the surrounding public from all building related materials.}

Site Signage

24. A sign is required to be erected in a prominent position on any work site on which building or demolition work is being carried out. The sign shall indicate:

a. The name, address and telephone number of the Principal Certifying Authority for the work; and b. The name of the Principal Contractor and a telephone number at which that person may be contacted outside of working hours; and c. That unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but shall be removed when the work has been completed. {Reason: Compliance with prescribed conditions made under Environmental Planning & Assessment Regulation 2000.}

Temporary Closet Facility

25. Temporary closet accommodation being provided throughout the course of building operations by means of a chemical closet complying with the requirements of the Department of Environment and Climate Change or temporary connections to Council’s sewer where available, such connections to be carried out by a licensed plumber and drainer. {Reason: To ensure all workers on site have access to toilet facilities.}

During Works

Erosion and Sediment Control

26. Erosion and sediment control measures shall be undertaken and maintained in respect to any part of the land where the natural surface is disturbed or earthworks are carried out. {Reason: To ensure no detrimental effects are caused to Council infrastructure.}

27. Materials from the site are not to be tracked into the road by vehicles entering or leaving the site. At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter. {Reason: To protect and council infrastructure and to ensure all system functions remain in good working order.}

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Excavation and Earthworks

28. Clearing of land, excavation, and/or earthworks, building works, and the delivery of building materials shall be carried out between the following hours:

Mondays to Fridays: 7:00am to 6:00pm Saturdays: 8:00am to 4:00pm except as noted in Clause 'b'

a. No work is permitted on Sundays and Public Holidays b. No work is permitted on: Saturdays when a public holiday is adjacent to that weekend. Construction industry awarded rostered days off. Construction industry shutdown long weekends.

Clause b) does not apply to works of a domestic residential nature as below:

i. Minor renovation or refurbishments to single dwelling construction. ii. Owner occupied renovations or refurbishments to single dwelling construction. iii. Owner builder construction of single dwelling construction; and/or iv. Any cottage constructions, single dwellings or housing estates consisting of predominantly unoccupied single dwellings. {Reason: Compliance with the Protection of the Environmental Operations: Noise Control Regulation 2017 and council policy.}

Critical Stage Inspections

29. The following Critical Stage Inspections are required to be carried out by the Principal Certifying Authority to enable the issue of an Occupation Certificate:

a. After excavation for, and prior to the placement of, any footings. b. Prior to pouring any in-situ reinforced concrete building element. c. Prior to covering of the framework for any floor, wall, roof or other building element. d. Prior to covering waterproofing in any wet areas. e. Prior to covering any stormwater drainage connections. f. After the building work has been completed and prior to any occupation certificate being issued in relation to the building work.

48 hours prior notice for all of the above inspections (where applicable) shall be given. {Reason: Section 109E(3)(d) of the Environmental Planning & Assessment Act 1979, requires that critical stage inspections are carried out prior to the issue of an Occupation Certificate (OC).}

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Timber Framing

30. A copy of the manufacturer’s roof truss plan and timber framework bracing and tie down plan shall be submitted to the Principal Certifying Authority prior to the inspection of the framework. {Reason: Compliance with AS 1684-2010: Residential timber-framed construction.}

House Drainage Lines

31. The yard surcharge gully shall be located in the drainage line so that it is outside the perimeter of the building. {Reason: Compliance with AS 3500 and the Building Code of Australia.}

Stormwater from Roofing

32. All stormwater from the roofing shall be carried away from the dwelling in accordance with the BASIX certificate issued for the development. Additionally, all overflow and excess stormwater shall be carried to the street drainage system by means of pipes where practical or a minimum 3 m clear of the building and maintained wholly within the boundaries of the allotment. {Reason: Compliance with the BASIX commitments provided for the development and in accordance with council policy.}

33. All stormwater from roofing shall be conveyed to the street drainage system by means of pipes where practical, otherwise the stormwater shall be discharged at least 3 m clear of the building and maintained wholly within the boundaries of the allotment. {Reason: To provide proper disposal of the roof water to the street drainage system or alternatively to not permit the buildings footings to be undermined or to cause a nuisance to adjoining properties.}

Prior to the issue of an Occupation Certificate

34. The requirements of the BASIX certificate issue for this development and shown on the approved plans shall be complied with prior to the issue of an occupation certificate. {Reason: Compliance with prescribed conditions made under Environmental Planning & Assessment Regulation 2000.}

35. Prior to the issue of an occupation certificate the proposed landscaping as shown on the approved development plan shall be established and maintained to at least the standard specified on the approved development plans. {Reason: To maintain and improve the aesthetic quality of the development}

36. The person benefiting from this consent shall ensure following documentation has been submitted to the principle certifying authority prior to, or with any application for a final occupation certificate:

a. Installation certification of smoke alarms

141 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 b. Glazing certification c. Plumbing, drainage and gas fitting certificate of compliance d. Frame and Truss Certification e. Pest Management Certificate {Reason: Compliance with clause 149A Environmental Planning & Assessment Regulation and to ensure adequate information supplied to allow assessment of application for a final occupation certificate.}

Street Numbering

37. Prior to occupation of the units, the street number allocated to the premises shall be displayed so that it is clearly visible from the road adjacent to the front of the allotment. The street number allocated to the premises is No 1/9 and 2/9 Watsonia Lane starting from the west. {Reason: To permit identification of the property and to comply with the requirements of the Local Government Act 1993.}

38. Application for any Occupation Certificate shall be submitted to and approved by the Principal Certifying Authority prior to occupation of the building. {Reason: Compliance with section 6.9 of the Environmental Planning & Assessment Act 1979.}

39. The premises not being occupied until the Occupation Certificate has been issued. {Reason: Compliance with section 6.9 of the Environmental Planning & Assessment Act 1979.}

Engineering Conditions

General Conditions

40. Access driveways are required for this development, it shall be constructed from the road carriageway to the property boundary in accordance with the requirements of Council. The existing dwelling fronting Jarrah Street shall also have an access driveway to allow access to onsite parking. The new access driveway to Jarrah Street and Watsonia for the site is to:

a. Have a width of six metres maximum with a cut-out of the kerb and gutter and be constructed in accordance with Council’s Engineering Guidelines and Standard Drawing numbers RS-049 and RS-050 with Council’s Notes; b. The alignment of the access driveway across the verge shall be at right angles to the road; c. The access driveway shall have satisfactory clearance to any power pole or telecommunications pole, manhole cover or marker, or street tree. Any relocation, alteration or replacement required shall be in accordance with the requirements of the relevant Authority and shall be at the Developer’s expense; d. The access driveway shall be of adequate thickness to accommodate Light truck loading; e. The access driveway shall be provided with a non-slip finish;

142 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 f. The access driveway shall meet Australian Standard 2890.1 for vertical clearance; g. The new reinforced concrete access driveway shall be constructed at the location shown on the drawings provided with the Development Application; and h. The verge adjacent to either side of the access driveway shall be reinstated to surrounding conditions and finished flush with the new vehicle access driveways.

Advisory Note: The installation of the vehicle access driveway is an approved structure in accordance with Section 138 of the Roads Act 1993. The ongoing maintenance and/or repair of the vehicle access driveway is the responsibility of the adjoining owner in accordance with Section 142 of the Roads Act 1993. {Reason: to provide for a suitable vehicular access to the development in accordance with Council’s minimum standards and minimize impact on pedestrian access facilities.}

41. Off street car parking associated with the development is to be in accordance with AS2890.1-2004. Off street car parking is to be provided for two spaces per dwelling totally six spaces. The parking spaces should enable vehicles from each dwelling to enter and leave without being obstructed by parking for the other dwelling. The use of the road reserve for tenant parking is prohibited. {Reason: to provide car parking spaces commensurate with the level of development.}

42. An integral kerb and gutter is to be provided for the full frontage of the allotment to Watsonia Lane. Kerb alignment should be designed to allow for a minimum of a 5.5 metre road to be constructed if possible and allowance to ensure constructability due to the existing infrastructure within the laneway. The profile of the kerb and gutter is to be in accordance with IPWEA Standard Drawing No RS-080 profile M3 for ‘mountable type’ kerb. The design shall be to the satisfaction of Council following appropriate design guides. {Reason: to provide for a minimum standard in relation to kerb and gutter and drainage installation.}

43. The area between the edge of bitumen and the kerb is to be gravelled with a minimum of 250mm compacted thickness of approved gravel and provided with a sealed bitumen surface consisting of a double application of binder and aggregate using 14mm and 7mm crushed stone respectively. {Reason: to prevent any further deterioration of the road as a result of the development.}

44. The legal point of stormwater discharge for the development site is defined as the required kerb and gutter in Watsonia Lane. The overland flow from the uphill areas of the site shall not be obstructed or diverted into neighbouring lots. A method of routing this stormwater must be determined. Additionally, the stormwater discharge drainage system must be constructed to comply with the following requirements as a minimum:

143 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 a. All plumbing within the site must be carried out in accordance with relevant provisions of Australian Standard AS/NZS 3500.3 (as amended) Plumbing and Drainage – Stormwater Drainage; b. All overland surface flow paths must have a practical and satisfactory destination with due consideration to erosion and sediment control during all stages of development. A system to prevent overland flows discharging onto adjoining properties shall be implemented. c. Any interruption to the natural overland flow of stormwater drainage which could result in the disruption of amenity, or drainage or deterioration to any other property is not permitted. d. All overflow from rainwater tanks shall be collected and piped to the legal point of discharge; e. Only a single point of discharge from the development site is permitted to the legal point of stormwater discharge. {Reason: To ensure stormwater is controlled adequately.}

Prior To The Issue Of Any Construction Certificate

45. A separate Council approval under Section 138 of the Roads Act 1993 is required prior to any works commencing within the road reserve, including the construction of access driveways and kerb for this development. An application must be submitted to Council and approved prior to issue of Construction Certificate.

The Section 138 application is to include:

a. Detailed construction plans, including a long section where appropriate; b. Details of the contractors engaged to undertake works within the road reserve. The contractor must maintain public liability insurance cover to the minimum value of $20 million. The policy shall specifically indemnify Council from all claims arising from the execution of the works. Documentary evidence of the currency of the policy shall be provided to Council prior to the commencement of work and upon request, during the progress of the work. c. A Traffic Control Plan (TCP) that has been prepared by a person with the applicable certification from Roads and Maritime Services (RMS) in accordance with AS1742.3-2009 and the RMS current version of the "Traffic Control at Worksites" manual. {Reason: Compliance with Roads Act 1993 Section 138 for undertaking work on a public road reserve}

During Works

46. Vehicles used in the construction of the development are to be managed as such that they do not inhibit traffic flow within the road reserve. At no time are construction or delivery vehicles to block the road or private accesses without prior approval of Council through a Section 138 Application under the Roads Act. {Reason: to ensure traffic effects are minimised.}

144 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 47. Prior to the commencement of any works within the road reserve, approved Traffic Control Plans are to be implemented. Approved TCP’s are to be maintained for the full duration of works. {Reason: to protect the public where interruptions to normal traffic flow for vehicles and pedestrians are expected.}

48. Any damage to Council infrastructure in, on or under the road reserve as a result of works undertaken for the development site shall be rectified by the Developer to the satisfaction of the Council so as to ensure the integrity of public infrastructure. Any damage to Council’s infrastructure which is obvious before construction is to be immediately notified to Council to avoid later conflict. {Reason: To ensure that any damage to Council’s property is at the full cost to the developer. Environmental Planning & Assessment Act 1979 Section 4.15 (6) (a)}

Prior To The Issue Of Any Occupation Certificate

49. A Compliance Certificate under Section 306 of the Water Management Act 2000 must be obtained from the Council (as the Local Water Supply Authority) prior to the issue of an Occupation Certificate. Council requires the following works to be completed and/or payments received prior to the issue of a Compliance Certificate:

Water:

a. Council’s water reticulation network is to be extended along Watsonia Lane to service this development to Council’s requirements. b. Separate metered water connections shall be provided for each dwelling. This can be provided by separate water service lines or a single water service riser with manifold. Each connection point shall be provided with a lockable meter cock. Please consult Council’s Water & Wastewater Department to discuss options. c. Payment required for two water meter units as per fees and charges. d. Work shall be undertaken in accordance with Council’s Engineering Guidelines. e. Work on live water mains shall be undertaken by Council at full cost to the developer.

Sewer:

a. The existing sewer connection for the lot is suitable for this multi-dwelling development. b. Work shall be undertaken in accordance with Council’s Engineering Guidelines. c. Work on live sewer mains shall be undertaken by Council at full cost to the developer.

Headworks:

Water: $5,190.40 Sewer: $6,166.60 Total: $11,356.40

145 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Access Driveway construction and surrounding works shall be complete prior to the issue of an Occupation Certificate. {Reason: to ensure suitable vehicular access to the development is available to the development.}

Ongoing Use

50. The sealing of vehicle access driveways is to be maintained at all times. {Reason: to ensure the access remains suitable and the Road Reserve is maintained safe with no obstructions.}

REPORT

(a) Background

The proposed development is for the erection of a dual occupancy (attached) creating multi dwelling housing at Lot 13 Sec 9 DP 758606, 11 Jarrah Street Leeton.

The lot is zoned R3 Medium Density Residential and, in accordance with the Leeton Local Environmental Plan, dual occupancy (attached) and multi dwelling housing are permitted in the zone.

The site has an existing dwelling house fronting Jarrah Street with access from Watsonia Lane in the rear. There is also an auxiliary shed on the rear and southern end of the lot that is to be demolished.

A dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

Dual occupancy (attached) and multi dwelling housing are types of residential accommodation.

The application was notified to the adjoining landowners and two submissions were received listing a range of objections to the proposal.

(b) Discussion

Four (4) adjoining landowners were contact in writing by Council being advised of the proposed development and invited to make a submission. As a result, two landowners made submissions.

The submissions raised the following matters:

146 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Objector one:

1. “We are concerned that adding two further garages and street parking will limit the ability for us to access our garage.”

A proposed condition of consent is recommended that Council require two onsite parking spaces per dwelling to be provided, totalling six onsite parking spaces. The parking spaces should enable vehicles from each dwelling to enter and leave without being obstructed by parking for the other dwelling. The use of the road reserve for tenant parking is prohibited.

2. “We also have concerns regarding accessing our property from Watsonia Lane during construction of the development.”

A proposed condition of consent is recommended that Council require vehicles used in the construction of the development are to be managed as such that they do not inhibit traffic flow within the road reserve. Vehicles are not to block the road or private accesses.

3. “We operate an electrical business and require rear access to our property to operate the business. If the development goes ahead, we would be requesting at the very least a construction management plan to ensure that there is appropriate access to the rear of our property during construction.”

4. “In addition to access concerns we are also concerned with the following;

Security; Parking of extra vehicles; Traffic levels; Noise pollution during and post construction”

Proposed conditions of consent are recommending:

• That Council require two (2) onsite parking spaces per dwelling. Also, vehicles used in the construction of the development are to be managed such that they do not inhibit traffic flow within the road reserve. Vehicles are not to block the road or private accesses. • That demolition and construction works are carried out during the specified hours. For demolition works Monday to Friday 7am to 6pm and Saturdays 8am to 1pm. For construction works Monday to Friday 7am to 6pm and Saturdays 8am to 4pm.

147 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Objector two:

1. “Increasing of parking in Laneway with additional units.”

Proposed condition of consent is recommended that Council require two (2) onsite parking spaces per dwelling to be provided, totalling six (6) onsite parking spaces. The parking spaces should enable vehicles from each dwelling to enter and leave without being obstructed by parking for the other dwelling. The use of the road reserve for tenant parking is prohibited.

2. “Parking issues – proposed units have space and garages some rarely use them and most families have two (2) cars also visitors regularly park in the laneway on both sides of road.”

Proposed condition of consent is recommended that Council require two (2) onsite parking spaces per dwelling is to be provided, totalling six (6) onsite parking spaces. The parking spaces should enable vehicles from each dwelling to enter and leave without being obstructed by parking for the other dwelling. The use of the road reserve for tenant parking is prohibited.

3. “Access for emergency services in small laneway.”

A proposed condition of consent is recommended that Council require two (2) onsite parking spaces per dwelling is to be provided, totalling six (6) onsite parking spaces. The parking spaces should enable vehicles from each dwelling to enter and leave without being obstructed by parking for the other dwelling. The use of the road reserve for tenant parking is prohibited.

4. “Problems associated with increased noise, pedestrian traffic, lack of privacy and security concerns in dark laneway.”

Proposed conditions of consent are recommending:

• That Council require two (2) onsite parking spaces per dwelling. The parking spaces should enable vehicles from each dwelling to enter and leave without being obstructed by parking for the other dwelling. The use of the road reserve for tenant parking is prohibited. • Vehicles used in the construction of the development are to be managed as such that they do not inhibit traffic flow within the road reserve. Vehicles are not to block the road or private accesses. • That demolition and construction works are carried out during the specified hours. For demolition works Monday to Friday 7am to 6pm and Saturdays 8am to 1pm. For construction works Monday to Friday 7am to 6pm and Saturdays 8am to 4pm.

5. “Small lanes were originally used for the sanitation department to access toilets prior to sewerage. They were not meant to be street access.”

148 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 There has been an increase in development fronting laneways in Leeton. These developments have been conditioned to require specific development standards so that these laneways can be utilised as street accesses.

Proposed conditions of consent are recommending:

• An integral kerb and gutter is to be provided for the full frontage of the allotment to Watsonia Lane. Kerb alignment should be designed to allow for a minimum of a 5.5 metre road to be constructed if possible and allowance to ensure constructability due to the existing infrastructure within the laneway. • The area between the edge of bitumen and the kerb is to be gravelled with a minimum of 250mm compacted thickness of approved gravel and provided with a sealed bitumen surface consisting of a double application of binder and aggregate using 14mm and 7mm crushed stone respectively. • Off street car parking associated with the development is to be in accordance with AS2890.1-2004. Off street car parking is to be provided for two spaces per dwelling totally six spaces. The parking spaces should enable vehicles from each dwelling to enter and leave without being obstructed by parking for the other dwelling. The use of the road reserve for tenant parking is prohibited.

6. “While I understand change and “progress” is important, let us not trash our environment and country in a rush to get ahead. Do we really need to fill every available piece of dirt with a building, at the expense of gardens and space. This is a small country town not an inner city suburb with thousands of people to house.”

There has been an increase in development fronting laneways in Leeton, the subject lot is in a medium density zone and dual occupancy and multi dwelling housing is permitted in the LEP under this zone.

Council may resolve to:

1. Approve the application unconditionally. 2. Approve the application with conditions. This is the recommended option. 3. Refuse the application.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

Nil

(b) Policy

The application has been notified and assessed in accordance with the following two policies;

1. Leeton Shire Council Development Application Objections.

149 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 2. Leeton Shire Council Local Environmental Plan 2014. 3. Leeton Community Participation Plan 2019

This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and Building Code of Australia.

Council is also advised that decisions of Council in relation to planning matters may be subject to appeal to the Land & Environment Court.

(d) Risk

There is a risk that neighbours will complain about noise, parking issues and traffic issues with access down the laneway. Proposed conditions of consent will mitigate noise issues, parking and traffic issues.

CONSULTATION

(a) External

The application was placed on public notification. This included notifying four (4) separate landowners.

(b) Internal

The application was referred to Council’s health and building and engineering sections for comment.

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 5 - “A QUALITY BUILT ENVIRONMENT” within Council’s adopted Delivery Program/Operational Plan – 17 - A community that enjoys attractive towns and parks - 17d is to “Deliver Development Planning services that signal Leeton as "open for business" - Provide a Development Application and Assessment service”. ATTACHMENTS

1 Submission of Objection for Development Application 30-2020 Dryburgh - Attached separately - Confidential

2 Submission of Objection for Development Application 30-2020 Watson - Attached separately - Confidential

150 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.13 ADOPTION OF LEETON LOCAL STRATEGIC PLANNING STATEMENT

RECORD NUMBER 20/207

RELATED FILE NUMBER EF10/431

AUTHOR/S Planning Officer

APPROVER/S Manager Planning, Building and Health Director Operations

SUMMARY/PURPOSE

The purpose of this report is to provide the final draft Local Strategic Planning Statement (LSPS) for Council endorsement prior to its lodgement with the Department of Planning, Industry and Environment by the deadline of 1 July 2020.

The intent of the LSPS is to set out Leeton Shire’s 20-year land use vision, the shared community values to be maintained and enhanced, how growth and change will be managed, and the special characteristics which contribute to the local identity.

RECOMMENDATION

THAT Council resolves to endorse the Leeton Local Strategic Planning Statement for lodgement with Department of Planning, Industry and Environment.

REPORT

(a) Background

In 2018, a number of amendments were made to the NSW Environmental Planning & Assessment Act 1979.

One of these changes was to include a requirement for all local councils to prepare and adopt a Local Strategic Planning Statement (LSPS) setting out a 20-year vision for land-use planning in the local area, and identifying the special character and values that are to be preserved and how change will be managed into the future.

The Leeton LSPS is to include the relevant land-use planning actions identified in the Riverina Murray Regional Plan and the Leeton Community Strategic Plan (CSP) in order to shape development controls through the Leeton Local Environmental Plan and the proposed Development Control Plan. Council has also referenced the Riverina and Murray Joint Organisation (RAMJO) Strategic Plan in its LSPS.

The LSPS differs from the CSP by focusing only on land use actions and not the broader long-term approach to social, environmental, economic and civic leadership elements that are addressed in the CSP.

151 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (b) Discussion

The purpose of a LSPS is to provide a concise and easily understood document for the Leeton community to contribute to and understand the future direction of land use planning. It explains the rationale for re-zonings, development decisions, development standards and community-driven planning expectations.

The LSPS achieves this by;

1. establishing the context of the area – who we are and how we got here – the social, environmental and economic factors. 2. setting out the community planning priorities that include relevant land use planning objectives from the Riverina Murray Regional Plan 2036, the RAMJO Strategic Plan 2019 and Leeton Community Strategic Plan 2030. 3. establishing short, medium and long-term actions to achieve these planning priorities. 4. setting the basis on which Council will monitor the implementation of the actions.

The LSPS is developed through the following stages:

1. Scoping stage - where there is a review of all relevant documentation, identifying local issues and setting of draft visions in order to identify draft priorities and actions. 2. Completion of widespread community and stakeholder consultation - to review, test and, where necessary, amend the draft priorities and actions. 3. Completion of the final LSPS - and endorsement from NSW Department of Planning. 4. Full implementation.

The scoping stage was completed with the assistance of staff from NSW Planning, Industry and Environment. The draft LSPS contains 8 Priority areas covering Agriculture, Employment, Tourism, Retail, Housing, Community, Environment and Heritage and Aboriginal Cultural Heritage, and a total of 37 proposed land use planning actions that could be implemented over a short, medium or long term to achieve those desired outcomes.

During the initial 40-day consultation period between 3 February 2020 and 20 March 2020, Council staff utilised a number of community and stakeholder consultation methods to gather comments and submissions on the draft Leeton LSPS. Eight engagement sessions were held with key industry groups.

Council has now completed a further 28-day period of community consultation. Council received 6 submissions from the LSPS Have Your Say survey, 1 submission by email and 2 submissions from State Agencies. The comments have been considered and changes made accordingly. The LSPS is now ready for final endorsement by Council before it is lodged with NSW Planning, Industry and Environment by 30 June 2020. All feedback and staff responses are included in Attachment 1.

Local Strategic Planning Statements are required to be reviewed at least once every seven years.

152 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

1. Endorse the attached Local Strategic Planning Statement (LSPS) as per the recommendation. This is the preferred option.

2. Endorse the attached LSPS, with changes. (Note that Council must submit its LSPS to the NSW DPIE Planning by 30 June 2020.)

IMPLICATIONS TO BE ADDRESSED

(a) Financial

There are no financial implications arising from this report.

(b) Policy

The adopted Leeton Local Strategic Planning Statement will become a Policy of Council.

In accordance with section 3.9 of the Environmental Planning and Assessment Act 1979, the Council of an area must prepare and make a local strategic planning statement and review the statement at least every 7 years.

The statement must include or identify the following—

(a) the basis for strategic planning in the area, having regard to economic, social and environmental matters,

(b) the planning priorities for the area that are consistent with any strategic plan applying to the area and (subject to any such strategic plan) any applicable community strategic plan under section 402 of the Local Government Act 1993,

(d) the basis on which the council is to monitor and report on the implementation of those actions.

(e) Risk

Failing to submit an endorsed LSPS to NSW Planning by the deadline of 30 June 2020 could expose Council to a fine for breaching a statutory deadline.

Introduction of an endorsed LSPS will reduce the risks associated with development applications and the community vision for its land use will be clearer.

153 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

CONSULTATION

(a) External

To this point the draft Leeton LSPS has had external consultation with the NSW Department of Planning, Industry and Environment, the Leeton Shire community, Councillors, various stakeholder groups and government agencies.

LSPS Community Consultation Schedule Dates Stakeholder Priorities

3/2/2020 Copies of the LSPS were displayed in All priorities Whitton Post Office & Yanco General Store 7/2/2020 Ad appeared in Irrigator about the LSPS All priorities 11/2/2020 Staff had Meeting with a representative All priorities from Brethrenn Community 13/2/2020 Meeting with Leeton Local Aboriginal All priorities – focus on priority Lands Council eight - Aboriginal Cultural Heritage 18/2/2020 Meeting with Whitton Town Improvement All priorities Committee

20/2/2020 Meeting with Developers and Real Estate Priority five - Housing

26/2/2020 Pop up display In Pine Avenue All priorities 27/2/2020 Ad appeared in Irrigator about the LSPS All priorities 3/3/2020 Meeting with Agriculture group (rice Priority one – Agriculture growers and southern cotton) Priority two – Employment 5/3/2020 Meeting with Transport/Employment Priority two - Employment group meeting 13/3/2020 Ad appeared in Irrigator about the LSPS All priorities 18/03/2020 Meeting with Agriculture group (cotton Priority one – Agriculture growers, farmers) 19/3/2020 Meeting with Chamber of Commerce, Priority four – Retail Heritage/CBD Group Priority three – Tourism Priority six – Community 13/5/2020 to LSPS out for further consultation for 28 All priorities 10/6/2020 days. The feedback is attached as Attachment 1

Internal

General Manager Communications Coordinator Manager Open Space and Recreation Manager Roads and Drainage Drainage and Development Engineer Acting Manager IPR and Governance

154 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

1⇩ Comments following community consultation 13 May 2020 to 10 June 2020 of Local Strategic Planning Statement

2⇨ Local Strategic Planning Statement - Attached separately

155 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 156 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 157 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 158 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 159 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 160 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 161 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 162 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.13 Attachment 1 - Comments following community consultation 13 May 2020 to 10 June Page 163 2020 of Local Strategic Planning Statement

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.14 LEETON SHIRE COUNCIL LOCAL AREA TRAFFIC COMMITTEE ELECTRONIC MEETING THURSDAY 28 MAY 2020

RECORD NUMBER 20/211

RELATED FILE NUMBER EF10/248

AUTHOR/S Road Safety Officer

APPROVER/S Manager Roads and Drainage Director Operations

SUMMARY/PURPOSE

This report is to inform Council of the outcomes of the Local Area Traffic Committee (LATC) meeting held on Thursday, 28 May 2020 with the recommendations from the LATC Meeting for Council’s endorsement.

RECOMMENDATION

THAT Council resolves to note the Minutes and endorse the recommendations of the Local Area Traffic Committee meeting held on 28 May 2020.

REPORT

(a) Background

The Local Area Traffic Committee (LATC) is a technical review committee which advises on matters referred to it by Council. These matters are related to prescribed traffic control devices and facilities for which Council has delegated authority. Council must refer all traffic-related matters to the LATC prior to exercising its delegated functions. All recommendations of the LATC must be referred back to Council for adoption prior to enactment.

(b) Discussion

A copy of the Minutes and Agenda of the meeting held on 28 May 2020 are included as attachments to this report (Attachments 1 and 2).

The meeting addressed the following matters:

1. Matters Arising from Previous Minutes 2. Road Closure Request – Murrumbidgee Carriage Driving Club 3. Request for Stock Crossing Sign at Yanco Agricultural High School – Euroley Road 4. Request for Signage Change at Moon Road Level Crossing 5. Signage Review for Cassia Road and Teatree Avenue Intersection.

164 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 Options

1. Adopt the LATC recommendations.

2. Do not adopt all or some recommendations, noting there is a process to follow when such occasions occur.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

The Murrumbidgee Carriage Drive Club’s activity has no direct cost to Council, as the event committee will pay for all advertising.

Yanco Agricultural High School will install the two fixed, folding and locking Stock Ahead signs at no cost to Council.

The installation of signage on Moon Road and the intersection of Cassia Road and Teatree Avenue will be expensed against Traffic Facilities Budget 2019/20 financial year.

(b) Policy

There are no policy implications arising from this report.

A Delegation of Authority has been passed from Transport for NSW to Local Traffic Committees.

(d) Risk

All risks have been addressed within the Traffic Committee Report prior to any endorsement from the Traffic Committee.

CONSULTATION

(a) External

The Traffic Committee includes external representatives from the Transport for NSW, NSW Police and a delegate of the Local Member for Murray (NSW Government).

(b) Internal

Environment & Engineering Staff Events Officer.

165 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 1 - “A HEALTHY AND CARING COMMUNITY” within Council’s adopted Delivery Program/Operational Plan – 04 - A community that is safe to live in and move about - 4b is to “Advocate and support road safety initiatives - Promote road safety through design and appropriate regulation”. ATTACHMENTS

1⇩ Minutes of Traffic Committee 28 May 2020

2⇨ Traffic Committee Agenda 28 May 2020 - Attached separately

166 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.14 Attachment 1 - Minutes of Traffic Committee 28 May 2020 Page 167

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.14 Attachment 1 - Minutes of Traffic Committee 28 May 2020 Page 168

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.14 Attachment 1 - Minutes of Traffic Committee 28 May 2020 Page 169

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.14 Attachment 1 - Minutes of Traffic Committee 28 May 2020 Page 170

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.15 QUARTERLY CAPITAL WORKS UPDATE REPORT

RECORD NUMBER 20/215

RELATED FILE NUMBER EF10/416

AUTHOR/S Manager Special Projects

APPROVER/S Director Operations

SUMMARY/PURPOSE

The purpose of this report is to furnish Councillors with the progress of the capital works projects that Leeton Shire Council is currently undertaking. The details of each project includes information on budget, scope, project schedule and stakeholders and is presented in a tabulated format appended to this document.

RECOMMENDATION

THAT Council receives for information the Quarterly Capital Works Update Report and notes the information contained therein.

REPORT

(a) Background

Based upon the success of recent grant applications, Leeton Shire Council has an extensive program of project delivery. In light of this program of works to be executed, Council has requested that a formal quarterly update report be provided.

(b) Discussion

The major capital projects which are contained in the tabulated report in the attachments section of this document include: - Roxy Theatre Redevelopment - Leeton Aquatic Centre - Wamoon Sewerage Project - CBD Upgrade Phase 1 and Phase 2 - Main Road 539 Bridge - Leeton Showground Grandstand.

See the attached Quarterly Capital Works Update Report for full information on the progress of these projects.

This report is provided for information only.

171 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

IMPLICATIONS TO BE ADDRESSED

(a) Financial

• Roxy Theatre Redevelopment Budget - $4,445,000. Includes a NSW Regional Cultural Fund amount of $3,945,000 and a Council co-contribution of $500,000.

• Leeton Aquatic Centre Budget - $5,194,000. Includes a NSW DPIE amount of $3,000,000 and a Council co-contribution of $2,194,000.

• Leeton Showground Grandstand Budget - $1,996,000 – multiple co- contributors including $496,000 Federal Government, $100,000 AFL, $800,000 NSW Stronger Country Communities Grant, $400,000 NSW Crown Lands, and $200,000 Council loan funding.

• Main Road 539 Bridge Budget - $2,976,000. Includes a Restart NSW funding amount of $2,726,000, a Council co-contribution of $50,000, a Murrumbidgee Irrigation amount of $50,000 and $150,000 from the NSW Regional Roads Repair Program.

• Wamoon Sewer Budget - $3,000,000. Includes a Restart NSW funding amount of $1,500,000 and a Council co-contribution of $1,500,000.

• CBD Enhancement Phase 1 Budget - $1,224,586. Includes a NSW Stronger Country Communities amount of $1,024,586 – and a Council Restriction Reserve of $200,000.

• CBD Enhancement Phase 2 Budget - $598,193. Entirely funded by NSW Stronger Country Communities.

(b) Policy

Leeton Shire Council Procurement Manual

Local Government Act 1993

(d) Risk

See attached Quarterly Capital Works Update Report for risks and mitigating measures.

CONSULTATION

(a) External

Roxy Theatre Redevelopment – Roxy Redevelopment Committee Chairperson.

172 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 Leeton Aquatic Centre – Omnistruct (Builder), Facility Design Group (Architect).

Leeton Showground Grandstand – Bill Arnold Pty Ltd (Builder), Steven Murray (Architect).

Main Road 539 Bridge – Murray Constructions (Builder), Grant Dowling (Consultant).

Wamoon Sewerage – DGP Water (Consultant).

CBD Enhancement Phase 1 & 2 – GHD (Consultant), LG Civil (Consultant).

(b) Internal

Roxy Theatre Redevelopment – Peter Keane (Director Operations), Brent Lawrence (Manager Visitor, Cultural and Local Economy), Sam Webber (Roxy Theatre Coordinator)

Leeton Aquatic Centre – Josh Clyne (Manager Open Space & Recreation)

Leeton Showground Grandstand – Josh Clyne (Manager Open Space & Recreation)

Main Road 539 Bridge – Chris Lashbrook (Manager Roads & Drainage)

Wamoon Sewerage – Greg Richards (Manager Water & Waste)

CBD Enhancement Phase 1 & 2 – Peter Keane (Director Operations), Cr George Western (CBD Chairman), Josh Clyne (Manager Open Space & Recreation), Chris Lashbrook (Manager Roads & Drainage), Greg Richards (Manager Water & Waste).

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 2 - “AN ACTIVE AND ENRICHED COMMUNITY” within Council’s adopted Delivery Program/Operational Plan – 07 - A community that enjoys arts and culture - 7a is to “Provide a local theatre for performing and cinematic arts and events - Refurbish the Roxy Theatre both internally and externally” and 6a is to “Provide public swimming pools in Leeton and Whitton” and “Enhance sporting facilities at Leeton Showground through $1.8 million improvement program”.

Under the Key Priority Area THEME 2 - “AN ACTIVE AND ENRICHED COMMUNITY” within Council’s adopted Delivery Program/Operational Plan – 16b – is to “Develop and implement road and rail freight strategies at local and regional level, including 539 bridge renewal and Colinroobie-Vance Road secondary access route” and “Provide and maintain reticulation services in Leeton, Yanco, Whitton and new service to Wamoon”.

Under the Key Priority Area THEME 2 - “AN ACTIVE AND ENRICHED COMMUNITY” within Council’s adopted Delivery Program/Operational Plan – 14a – is to “Implement key recommendations of the Leeton CBD Masterplan: Finalise Stage 1 and 2 (implementation will be subject to prioritisation of projects and funding).”

173 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

ATTACHMENTS

1⇩ LSC Project Report - Quarterly Update - June 2020

174 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.15 Attachment 1 - LSC Project Report - Quarterly Update - June 2020 Page 175

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.15 Attachment 1 - LSC Project Report - Quarterly Update - June 2020 Page 176

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.15 Attachment 1 - LSC Project Report - Quarterly Update - June 2020 Page 177

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.15 Attachment 1 - LSC Project Report - Quarterly Update - June 2020 Page 178

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.15 Attachment 1 - LSC Project Report - Quarterly Update - June 2020 Page 179

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.15 Attachment 1 - LSC Project Report - Quarterly Update - June 2020 Page 180

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020 ITEM 8.16 MINUTES OF THE LEETON TREE MANAGEMENT GROUP DATED 26 MAY 2020

RECORD NUMBER 20/203

RELATED FILE NUMBER EF10/572

AUTHOR/S Manager Open Space and Recreation

APPROVER/S Director Operations

SUMMARY/PURPOSE

The purpose of this report is to provide Council with the minutes of the May 2020 meeting of the Leeton Tree Management Group.

RECOMMENDATION

THAT Council receives the Minutes of the Leeton Tree Management Group’s May 2020 meeting and notes the information contained therein.

REPORT

(a) Background

The Leeton Tree Management Group met most recently on 26 May 2020 and the minutes of the meeting are provided for Council’s information.

(b) Discussion

The major discussion points from the meeting were as follows:

1. General discussion about Committee representation following the resignation of the only community representative. Nominations for community representation may be required.

2. Sugar Gum Program – The Manager Open Space & Recreation will provide plans for the Committee to consider at the next meeting and will include sections from Brobenah Road to Myall Street, and Irrigation Way between Leeton and Yanco on the eastern side.

3. Murrumbidgee Irrigation Main Road 80 trees – Removals are scheduled to commence in August. The Director Operations has advised that a joint media release from Murrumbidgee Irrigation and Council will be completed prior to works commencing.

181 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020 4. Propose that a staged removal and replacement program of the Desert Ash trees in Currawang Avenue be developed. The Manager Open Space & Recreation will bring plans to the next meeting for the Committee to consider.

5. Two large palm trees at the Skate Park will require removal as part of the Skate Park expansion project. A media release will be required to inform the community prior to works commencing.

6. Several large Eucalypt trees at the southern end of Petersham Rd where ownership is not clear will have branches that are overhanging the roadway removed by a Council contractor.

This report is for information only.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

All activities described above are as per the adopted budget.

(b) Policy

Leeton Shire Council Tree Management Policy

There are no legislative implications from this report.

(d) Risk

Public safety risks due to tree limb loss will be mitigated by ongoing inspection and management.

CONSULTATION

(a) External

Essential Energy

(b) Internal

Director Environment and Engineering Open Space and Recreation Coordinator Mayor Paul Maytom Cr Peter Davidson

182 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday, 24 June 2020

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 6 - “STRONG LEADERSHIP” within Council’s adopted Delivery Program/Operational Plan – 19 - A community that speaks up and gets involved - 19c is to “Provide a framework for inclusive decision making - Coordinate an active Council Committee program”.

ATTACHMENTS

1⇩ Minutes Tree Advisory 26 May 2020

183 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.16 Attachment 1 - Minutes Tree Advisory 26 May 2020 Page 184

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.17 CRICKET NSW REQUEST FOR FUNDING

RECORD NUMBER 20/226

RELATED FILE NUMBER EF10/302

AUTHOR/S Manager Open Space and Recreation

APPROVER/S Director Operations

SUMMARY/PURPOSE

Council has received a request to provide funding to cover a shortfall to replace the cricket training nets at the Leeton High School Ovals. The project is valued at $55,221 with a funding shortfall of $7,291.

RECOMMENDATION

That Council resolves to donate $7,291 to the cricket training facility replacement project at the Leeton High School Ovals and that the funds to be made available from surplus funds from the 2019/20 operational year.

REPORT

(a) Background

The Leeton High School cricket training facility (nets) are a valuable community asset that are available for not only Leeton High School students but to the broader Leeton community. The nets are available for use without restriction by both junior and senior cricketers as well as any casual users.

(b) Discussion

Council has received a request from Cricket NSW to provide funding towards the replacement of the nets as a shortfall of $7,291 currently exists. The project is currently funded by two separate grant streams as well as several different Leeton sporting groups. Council currently provides support to the maintenance of the High School Ovals undertaking all required mowing and weed control. However, Council does not manage nor control the land on which the training facility will be situated.

1. Council donate $7,291 towards the replacement of the cricket training facility.

2. Council donate a lesser amount to the project and the remainder would need to be sourced from another organisation.

3. Council does not donate any funds towards the project and the shortfall would need to be sourced from another organisation.

185 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

IMPLICATIONS TO BE ADDRESSED

(a) Financial

The total cost of the project is $55,221. The confirmed funding sources for the project are:

• $22,430 – T20 Legacy Fund • $12,500 – Australian Cricket Infrastructure Fund • $5,000 – Leeton Cricket Association (in-kind labour) • $8,000 – Leeton Junior Cricket TOTAL - $47,930

This leaves a funding shortfall of $7,291.

There is currently no provision in the 2019/20 budget for the requested funds. The amount of $7,291 would be allocated from forecast surpluses in the 19/20 operational year.

(b) Policy

Leeton Shire Council’s Donations, Assistance, Sponsorships and Grants Policy.

Section 356 of the Local Government Act 1993 (the Act) states the following:

1. 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.

(d) Risk

Low risk – the amount requested is modest and the facility is open for broad community use.

Council does not manage nor control the land on which the training facility will be situated.

CONSULTATION

(a) External

Cricket NSW

(b) Internal

General Manager Director Operations Finance Manager

186 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 Manager Open Space & Recreation

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

Under the Key Priority Area THEME 2 - “AN ACTIVE AND ENRICHED COMMUNITY” within Council’s adopted Delivery Program/Operational Plan – 06 - A community that participates in sports and active leisure - 6a is to “Offer access to a range of quality sporting facilities - Provide and support sporting ovals in Leeton and Yanco”. ATTACHMENTS

1⇩ Email from Kelly Meddings - Cricket NSW - Leeton Cricket Training Facility Upgrade

187 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.17 Attachment 1 - Email from Kelly Meddings - Cricket NSW - Leeton Cricket Training Facility Page 188 Upgrade

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 ITEM 8.18 PROPOSAL TO NAME A PARK AT GOLF COURSE ESTATE

RECORD NUMBER 20/160

RELATED FILE NUMBER EF12/106

AUTHOR/S Property Coordinator and Native Title Manager

APPROVER/S Director Operations

SUMMARY/PURPOSE

The purpose of this report is to respond to a request from Mr Paul Helson to name a park situated in the Golf Course Estate ‘Helson Park’ in commemoration of Charles Frederick Helson and Albert Percy Helson, pioneers of the district.

RECOMMENDATION

THAT Council:

1. Endorses in principle and advertises on Council’s website and in The Irrigator the proposal to name Lot 48, DP 1114977 “Helson Park”, in accordance with Section 706 of the Local Government Act 1993.

2. If no submissions are received that oppose the proposal, applies to the Geographical Names Board for approval and Gazettal of the name.

REPORT

(a) Background

In 2004 Council received a request from the Helson family to name a park or a road in the Golf Course Estate in commemoration of Charles Frederick Helson and Albert Percy Helson, pioneers of the district and the prior landowners of the land where the Golf Course Estate is situated.

Council staff had indicated that a proposal to name a park in the Estate would be put to Council at its meeting of 23 June 2004. A search of Council records indicates that although Council was in agreement, the proposal was not formally adopted by Council. Attachment 1.

(b) Discussion

Lot 48, DP 1114977 in the Golf Course Estate has been set aside for the purposes of a public park. The park site covers an area of approximately 8,828m2. Attachment 2.

Council has received a request from Mr Paul Helson to name the park in commemoration of Charles Frederick Helson (1883-1944) and Albert Percy Helson

189 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (1890-1916), pioneers of the district and the prior landowners of the land where the park is situated.

Mr Paul Helson advises that Charles Frederick Helson came to the Leeton area in 1910 with his family and became one of Leeton’s earliest pioneering farming families. Charles Helson’s brother, Albert Percy Helson, also an early pioneer, died as a soldier in France in 1916 and is named on the Leeton ANZAC Memorial Clock. The Rotary Club of Leeton released a film called “Leeton, the Formative Years”, and Charles Frederick Helson was one of the main actors.

The Geographical Names Board of New South Wales (GNB) is the official governing body for naming and recording details of places and geographical names.

All proposals for place naming must conform to the GNB place naming principles. When using a commemorative name, the place name should not include initials and the person(s) commemorated must be deceased for at least one year. Names associated with the heritage of an area are encouraged, especially the names of early settlers.

When Council submits a naming proposal to the GNB, it must be supported by a Council resolution and evidence that Council has sought community feedback on the proposal.

The GNB will consider if the name is appropriate and, when approved, will enter the name into NSW mapping databases. These databases are an important tool for emergency and other services. All proposals for place naming must conform to the GNB’s naming principles.

Option 1 - That Council endorses in principle and advertises the proposal to name Lot 48, DP 1114977 ‘Helson Park’ and following public exhibition, provided that no submissions are received in opposition to the proposal, applies to the Geographical Names Board for approval and Gazettal of the name. This is the preferred option.

Option 2 - That Lot 48, DP 1114977 remains unnamed until a suitable alternative name is nominated by the community or Council.

IMPLICATIONS TO BE ADDRESSED

(a) Financial

Once a name has been gazetted, a sign shall be installed at the entrance to the park. This will cost approximately $500 and will be funded from the existing open space budget.

(b) Policy

There are no policy implications arising from this report.

190 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 (c) Legislative/Statutory

Local Government Act 1993 – Section 706

NSW Addressing Policy and Australian Standard, AS/NZS 4819:2011 Rural and Urban Addressing.

Geographical Names Act 1966

(d) Risk

Any possible risks associated with this naming proposal should be addressed through the public consultation process. If any community member is opposed to the proposed name, the matter will be referred back to Council for further consideration.

CONSULTATION

(a) External

Information supplied by Mr Paul Helson Geographical Names Board Spatial Services NSW

(b) Internal

Manager Open Space and Recreation

LINK/S TO THE DELIVERY PROGRAM/OPERATIONAL PLAN (DPOP)

1⇩ Attachment 1 Letter to B Helson

2⇩ Attachment 2 Map of Lot 48 DP 1114977

191 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.18 Attachment 1 - Attachment 1 Letter to B Helson Page 192

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020

Item8.18 Attachment 2 - Attachment 2 Map of Lot 48 DP 1114977 Page 193

LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 COUNCILLOR ACTIVITY REPORTS

ITEM 10.1 COUNCILLOR ACTIVITY REPORT

RECORD NUMBER 20/227

RELATED FILE NUMBER 10/130

AUTHOR Executive Assistant to the General Manager and Mayor

RECOMMENDATION

THAT Council notes the Councillor Activity Reports for 13 May – 23 June 2020.

Cr Paul Maytom

13 May 2020 RAMJO Board Meeting 14 May 2020 MDA and RAMJO Meeting, Leeton Connect Meeting 15 May 2020 Leeton Connect with Kindness Meeting 18 May 2020 MDA Board Meeting 20 May 2020 Teleconference with Deputy Prime Minister The Hon Michael McCormack MP 21 May 2020 RAMJO and SunRice Meeting Deniliquin 25 May 2020 Southern Valleys – Inland Drought and Water Availability Webinar 26 May 2020 Tree Management Group Meeting, OLG Webinar 27 May 2020 Councillor Workshop 1 June 2020 NSW Local Roads Conference – “Saving Lives on Local Roads” 2 June 2020 Juice Health Star Rating Webinar 4 June 2020 RAMJO Stakeholder Engagement Session Berrigan 5 June 2020 NSW Farm Writers’ : Water Policy, Drought and the Murray Darling Basin Webinar 10 June 2020 Councillor Workshop 11 June 2020 Leeton Connect Board Meeting 17 June 2020 Seasonal Worker Program Meeting with Deputy Mayor, GM and Ken Dachi 22 June 2020 Meeting with the Parliamentary Secretary to the Deputy Premier NSW 23 June 2020 Murrumbidgee EWAG Meeting and Multicultural Interagency Networking Meeting

Cr George Weston

14 May 2020 Zoom Training “Chairing and Effective Meeting Procedures for Councillors” 21 May 2020 Represented the Mayor at Des Driscoll’s Funeral 26 May 2020 Chaired Gogeldrie Weir Committee Meeting 27 May 2020 Councillor Workshop

194 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 24 June 2020 28 May 2020 CBD Meeting with Council Staff and Stakeholders 29 May 2020 Leeton Working Together Meeting 3 June 2020 CBD Meeting with Council Staff and Stakeholders 10 June 2020 CBD Meeting with Council Staff and Stakeholders 10 June 2020 Councillor Workshop 17 June 2020 CBD Meeting with Council Staff and Stakeholders 17 June 2020 Seasonal Worker Program Meeting with Mayor, GM and Ken Dachi

Cr Paul Smith

26 May 2020 Gogeldrie Weir Committee Meeting 27 May 2020 Councillor Workshop 10 June 2020 Councillor Workshop

Cr Tony Ciccia

27 May 2020 Councillor Workshop 30 May 2020 Moon Road Railway Crossing Inspection 10 June 2020 Councillor Workshop

Cr Tony Reneker

14 May 2020 Leeton Connect Meeting with Mayor Maytom 15 May 2020 Leeton Connect with Kindness Meeting with Mayor Maytom 27 May 2020 Councillor Workshop 10 June 2020 Councillor Workshop 11 June 2020 Leeton Connect Board Meeting with Mayor Maytom

195