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LITCHFIELD COUNCIL

BUSINESS PAPER ORDINARY MEETING

TUESDAY 4TH SEPTEMBER 2012 6:30 PM

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ORDINARY MEETING HELD AT 6:30PM TUESDAY 4TH SEPTEMBER 2012 AT THE COUNCILS OFFICE, BEES CREEK ROAD, FREDS PASS

AGENDA: 1. OPENING OF MEETING: 2. CONFLICT OF INTEREST: 3. APOLOGIES AND LEAVE OF ABSENCE: 4. PUBLIC FORUM: 5. ACCEPTING OR DECLINING LATE ITEMS: 6. CONFIRMATION OF MINUTES: 6.1 Confirmation of the Minutes of the Ordinary Meeting held Page 4 Tuesday 7TH August 2012 6.2 Confirmation of the Minutes of the Special Meeting held Page 14 Thursday 16th August 2012 6.3 Confirmation of the Minutes of the Public Meeting Southport Page 16 held Saturday 18th August 2012 6.4 Confirmation of the Minutes of the Special Meeting held Tuesday 21st August 2012 Page 23 7. BUSINESS ARISING FROM THE MINUTES: 8. DIRECTOR OF PLANNING AND WORK’S REPORT – SEPTEMBER 8.A BUSINESS ARISING FROM DIRECTOR OF PLANNING AND WORKS REPORT - SEPTEMBER 9. POLICY AND ADMINISTRATION MATTERS: 9.1 PA12/CAM/006: COUNCIL MEETING DATES AND TIMES Page 28 9.2 PA12/CAM/056: PRIVATE ROAD POLICY Page 30

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PAGE 2 AGENDA ORDINARY MEETING TUESDAY 4th SEPTEMBER 2012 9.3 PA12/LGANT/165 LGANT – NOMINATIONS TO THE HERITAGE Page 34 COUNCIL 2012: 9.4 PA12/PR/003: POLICY REVIEW Page 36 10. FINANCE AND RECREATION MATTERS: 10.1 FR12/FIN/007 JULY 2012 FINANCIALS Page 51 11. PLANNING AND WORKS MATTERS: 11.1 PW12/OL/005: OCCUPATION LICENCES Page 53 12. MAYOR’S REPORT: SEPTEMBER 13. CHIEF EXECUTIVE OFFICER’S REPORT: SEPTEMBER 14. URGENT GENERAL BUSINESS: SEPTEMBER 15. NOTICE OF MOTION: SEPTEMBER 16. QUESTIONS FROM THE PUBLIC GALLERY: SEPTEMBER 17. REPORTS FROM MEMBERS: SEPTEMBER 18. QUESTIONS FROM MEMBERS: SEPTEMBER 19. CONFIDENTIAL MATTERS: (See separate paper) 20. NEXT MEETING: 21. CLOSE OF MEETING:

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PA12/CAM/006: COUNCIL MEETING DATES AND TIMES MEETING DATE: TUESDAY 4th SEPTEMBER 2012 MEETING TYPE: ORDINARY FILE REF: G:\PR & Community Support\COUNCIL MEETING PAPERS ATTACHMENTS: YES

BACKGROUND: At its Ordinary Meeting of Tuesday 10th July, 2012, Council resolved:- 9.1 PA12/CAM/006: Council Meeting Dates and Times Council resolved: Pursuant to Section 58 (1) of the Local Government Act 2011, from the month of July 2012, Ordinary Meetings of Litchfield Council will be held from 6.30pm in Council’s Chambers, on the first Tuesday of every month, with the exception of January where the meeting will fall on the fourth Tuesday of the month.

CURRENT SITUATION: In theory the resolution to hold the Ordinary Meeting once a month on the first Tuesday of the month sounded practical. However, to put into practice has some flaws. The closing dates and completion date of the Agenda would not allow for the inclusion of end of month items such as financials.

The best practice suggestion is that the Ordinary Meeting be held on the second Tuesday of the month thereby allowing time for staff to prepare and produce a sound Agenda Item for consideration.

FINANCIAL IMPLICATIONS: Nil STRATEGIC PLAN IMPLICATIONS: Yes

1. Effective leadership and governance. LEGAL IMPLICATIONS: Nil ENVIRONMENTAL IMPLICATIONS: Nil PUBLIC RELATIONS IMPLICATIONS: Yes Council needs to provide regular, adequate and published opportunities for direct community engagement in the good governance of the Municipality. COMMUNITY SAFETY IMPLICATIONS: Nil

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RECOMMENDATION: It is recommended that Council resolves:

a) Pursuant to Section 58 (1) of the Local Government Act 2011, from the month of October 2012, Ordinary Meetings of Litchfield Council will be held from 6.30pm in Council’s Chambers, on the Second Tuesday of the month, with the exception of the 5th December 2012 and 23rd January 2013 b) that Council on a trial period of twelve months from the month of October 2012, in the second half of the month will hold a public meeting somewhere in the municipality in lieu of another Ordinary Meeting. ACTION OFFICER: MANAGER Marlene Watt Russell Anderson Council Secretary Chief Executive Officer

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PA12/CAM/056: PRIVATE ROAD POLICY MEETING DATE: TUESDAY 4TH SEPTEMBER 2012 MEETING TYPE: ORDINARY FILE REF: (Ordmtg 7th August 2012) ATTACHMENTS: Draft Policy

BACKGROUND: A number of roads within the Municipality have been constructed and/or maintained over private land. These roads provide access to property owner which do not form part of the municipal road system CURRENT SITUATION: The attached policy is suggested to Council and for the information of residents to understand the process undertaken by Council in providing access to the municipal road system. The maintenance of private roads by Council will ensure their connection to the road network will be at a safe standard and limit any damage. Street_Name AAAA ROAD COOPER ROAD GULLICK ROAD GULLICK ROAD HORSNELL ROAD

HUGHES ROAD IRONWOOD PLACE 2 NO NAME ROAD NOTTA ROAD PIPELINE ROAD

PIPELINE ROAD EAST RADFORD ROAD ROSS ROAD RUSS ROAD SANDY ROAD SOME ROAD SWAMP ROAD

THORBURN ROAD OLD BYNOE ROAD

FINANCIAL IMPLICATIONS: Council will need to commit funding within the budget to achieve this policy’s outcome

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STRATEGIC PLAN IMPLICATIONS: 3.1 Provision of core services and works program LEGAL IMPLICATIONS: Council will be required to maintain the private road to a safe standard. ENVIRONMENTAL IMPLICATIONS: Nil PUBLIC RELATIONS IMPLICATIONS: Will demonstrate to property owners on these roads that their rates are being used to maintain their access to the road network. COMMUNITY SAFETY IMPLICATONS: Signage will be required where the road has a no through status. RECOMMENDATION: That Council approve the tabled Private Road Policy.

ACTION OFFICER: MANAGER: Derrick Tranter Russell Anderson Governance Manager Chief Executive Officer

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PA12/LGANT/165 LGANT – NOMINATIONS TO THE HERITAGE COUNCIL 2012: MEETING DATE: TUESDAY 4th SEPTEMBER 2012 MEETING TYPE: ORDINARY FILE REF: Governance/Government Regulations/LGANT/Letters/2011 – 20909/11 ATTACHMENTS: Yes

BACKGROUND: LGANT is calling for nominations for its representative to the new Heritage Council. This is a Ministerial Committee and nominations received will be forwarded to the Minister for consideration. The Heritage Act sets out the membership of the Heritage Council which consists of eleven members and formally meets 4 times a year and sometimes meets out of session and at least one meeting a year is held in Alice Springs. (See attached for further details) CURRENT SITUATION: LGANT has included the relevant documents for nomination. The new Heritage Act comes into force as from the 1st October 2012 with the first meeting due to be held on the 5th October, 2012. Before Councillors nominate it is suggested that they give thought to the commitment that will be required, besides attending meetings, and if they have the expertise required. FINANCIAL IMPLICATIONS: Nil STRATEGIC PLAN IMPLICATIONS: 1.5 Partnerships with Government agencies, other Councils and the private sector. LEGAL IMPLICATIONS: Nil ENVIRONMENTAL IMPLICATIONS: Nil PUBLIC RELATIONS IMPLICATIONS: Nil COMMUNITY SAFETY IMPLICATONS: Nil

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RECOMMENDATION: That Councillors who wish to nominate to be the LG Associations representative on the Heritage Council, make their nomination known on the night of the meeting for Council consideration. ACTION OFFICER: MANAGER: Marlene Watt Russell Anderson Council Secretary Chief Executive Officer

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PA12/PR/003: POLICY REVIEW

MEETING DATE: TUESDAY 4th SEPTEMBER 2012 MEETING TYPE: ORDINARY FILE REF: 43089 ATTACHMENTS: YES

BACKGROUND: A number of policies where developed after the Local Government Act was amended in 2008. Those policies which had significant impact were reviewed at the first meeting of this Council the reminder which are procedural or general operation policies with no changes in their wording or context require endorsement. This action will see all policies have a review date of March 2016 unless amended by Council. CURRENT SITUATION: The following listed policies are submitted for endorsement: LC01 Policy Framework LC02 Purchase Card Policy LC04 Borrowing Policy (PA12/CAM/012) LC12 Roadside Memorial Policy (PA12/CAM/028) LC13 EEO Policy (PA12/CAM/031) LC16 Disabled Parking Policy (PA12/CAM/033) LC17 Land Title Offer Policy (PA12/CAM/039) LC18 Abandoned Vehicle Policy (PA12/CAM/030) Dog Identification Devices (PA12/DIN/002) Working Dog (Definition & Policy Endorsement) (PA12/DBL/002) Destruction of Impounded Dogs (PA12/DBL/001) FINANCIAL IMPLICATIONS: Nil STRATEGIC PLAN IMPLICATIONS: 1. Effective leadership and governance LEGAL IMPLICATIONS: Nil ENVIRONMENTAL IMPLICATIONS: Nil PUBLIC RELATIONS IMPLICATIONS: Nil COMMUNITY SAFETY IMPLICATONS: Nil

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RECOMMENDATION: That Council endorse the polices as listed until the next review date LC01 Policy Framework LC02 Purchase Card Policy LC04 Borrowing Policy PA12/CAM/012 LC12 Roadside Memorial Policy PA12/CAM/028 LC13 EEO Policy PA12/CAM/031 LC16 Disabled Parking Policy PA12/CAM/033 LC17 Land Title Offer Policy PA12/CAM/039 LC18 Abandoned Vehicle Policy PA12/CAM/030 Dog Identification Devices PA12/DIN/002 Working Dog Definition and Policy Endorsement PA12/DBL/002 Destruction of Impounded Dogs PA12/DBL/001 ACTION OFFICER: MANAGER: Derrick Tranter Russell Anderson Governance Manager Chief Executive Officer

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FR12/FIN/007 JULY 2012 FINANCIALS MEETING DATE: TUESDAY 4TH SEPTEMBER 2012 MEETING TYPE: Ordinary FILE REF: Council Business – JULY 2012 Financial ATTACHMENTS: Yes (to be emailed separately to Councillors) BACKGROUND: The Local Government (Accounting) Regulations, prescribes that: 18 Financial reports to council (1) The CEO must, in each month, lay before a meeting of the council a report, in a form

approved by the council setting out: (a) the actual income and expenditure of the council for the period from the

commencement of the financial year up to the end of the previous month: and

(b) the forecast income and expenditure for the whole of the financial year.

(2) The report must include:

(a) details of all cash and investments held by the council (including money held in trust); and

(b) a statement on the debts owed to the council including the aggregate amount owed

under each category with a general indication of the age of the debts; and

(c) other information required by the council

(3) If a council does not hold a meeting in a particular month, the report is to be laid before the council committee performing the council’s financial functions for the particular month. CURRENT SITUATION: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC PLAN IMPLICATIONS: Goal 5 – Effective Council Management, 5.1 Sustainable financial management within our mission

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LEGAL IMPLICATIONS: Nil ENVIRONMENTAL IMPLICATIONS: Nil PUBLIC RELATIONS IMPLICATIONS: Nil COMMUNITY SAFETY IMPLICATIONS: Nil RECOMMENDATION: That Council take note of the July 2012 Financial Report. ACTION OFFICER: MANAGER: Diane Chellingworth Russell Anderson Corporate Services Manager Chief Executive Officer

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PW12/OL/005: OCCUPATION LICENCES MEETING DATE: TUESDAY 4th SEPTEMBER 2012 MEETING TYPE: ORDINARY FILE REF: PA07/PUCL/002, PA07/PUCL/002 ATTACHMENTS: NIL

BACKGROUND: Two Occupation Licences have been held by the Litchfield Council:

1) Licence Number 3462 re Section 5867 (A), Hundred of Bagot. The area of land involves part of section 65 and 4228 situated on Tulagi Road and have been managed by the Holtze Landcare Group for the sole purpose of conservation.

2) Licence Number 3495 re Section 1743 (A), Hundred of Guy. The area of land involves section 1580 namely 304 hectares involving Lambell’s Lagoon and have been managed by the Lambell Lagoon Landcare Group for the sole purpose of conservation.

CURRENT SITUATION: These licences have or are due to lapse and therefore require Council to assess if they wish to continue to be the holder of the licence on behalf of the Landcare Groups. Contact has been made with a member of the Lambells Lagoon group who advised that the group itself was non-functioning at the present time. However a number of local residents support the continued management of the area in question. No response has been received from the contact efforts in relation to the Holtze Landcare Group. FINANCIAL IMPLICATIONS: It should be noted that Clause 4 of the Special Conditions states: The licensee shall, in respect of land included in the licence, ensure that at all times and to the satisfaction of the Minister, the land is kept clean, tidy and free from all weeds, long grass, debris, dry herbage, rubbish, carcasses of animals and other unsightly or offensive, poisonous, toxic or hazardous matter and harbour for insects, pests and the breeding of mosquitoes during the term and on expiration of the licence. This clause makes the Council (as the licence holder) liable should the landcare group not undertake the management of the area in question to the satisfaction of the Minister. Clause 5 states that if the licensee fails in clause 4, the Territory may enter the land and rectify and problems and make the cost payable by the licensee. A full copy of the special conditions (from the previous approval) is attached for information.

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STRATEGIC PLAN IMPLICATIONS: LEGAL IMPLICATIONS: The Special Conditions of the licence implies a legal requirement to keep the land clean and tidy ENVIRONMENTAL IMPLICATIONS: The Licensee is required to remove all weeds and any poisonous, toxic or hazardous matter from the land (cause 4) PUBLIC RELATIONS IMPLICATIONS: Though both groups appear not to be functioning local residents may voice their concern and the need to maintain the area for community use. COMMUNITY SAFETY IMPLICATONS: RECOMMENDATION: That Council: a) Refer this matter to the Audit and Risk Management Committee for assessment, and b) Advise the Department and local groups of the process. ACTION OFFICER: MANAGER: Derrick Tranter Russell Anderson Governance Manager Chief Executive Officer