MOREE PLAINS SHIRE COUNCIL
14 NOVEMBER 2019
ORDINARY COUNCIL MEETING
ADOPTED PUBLIC BUSINESS PAPER AND MINUTES
FILE 18/1000
Wednesday, 6 November 2019
TO: Councillors Director – Corporate Services
General Manager Director – Planning and Community Development
Director – Engineering Services
Manager – Water and Waste
Manager – Executive Projects
Notice is hereby given that the Ordinary Meeting of Council will be held in the Council Chamber, the Max Centre, 30 Heber Street, Moree, on Thursday, 14 November 2019 commencing at 4pm.
Please note that all Council meetings are recorded.
Yours sincerely
Mitchell Johnson ACTING GENERAL MANAGER
Agenda
1. Open Meeting 2. Apologies 3. Confirmation of Minutes 4. Leave of Absence requests 5. Declarations of Interest 6. Public Forum 7. Reports
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Ordinary Council Meeting Adopted Public Business Paper & Minutes
14 November 2019
TABLE OF CONTENTS
REPORTS
4. Request to Close Council Public Road SR205 Backspear Road...... 7 Site Investigation Report ...... 11 Email – Quote for Widening of Kirewa Road Crossing SR128 ...... 20 Handout – Quote regarding Widening of Kirewa Road Crossing SR128 ...... 23 1. Drought Relief Options ...... 28 Table of potential responses with assessment of implications and risks...... 33 Currently Available Grants...... 38 2. Code Of Conduct Complaint Statistics – 1 September 2018 To 31 August 2019 ...... 39 Model Code of Conduct Complaint Statistics Report ...... 41 3. NSW Addressing Policy and User Manual ...... 46 NSW Address Policy and User Manual ...... 49 Summary of Amendments ...... 50 A. Late Report - Update on Bridge and Large Culvert Structures in Moree Plains Shire ...... 55 5. Confidential - Sale of Council Land – Lot 1 DP 1245815, ‘Sikyla Park’, 100 Barton Plains Road, Moree ... 59 Map of Property ...... 62 6. Confidential – Sale of Land Moree Gateway ...... 63
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MINUTES OF THE ORDINARY MEETING OF THE MOREE PLAINS SHIRE COUNCIL HELD IN THE COUNCIL CHAMBER, HEBER STREET, MOREE ON THURSDAY, 14 NOVEMBER 2019 COMMENCING AT 4.07PM.
READ ALOUD:
Audio Recording Declaration. Emergency Response and General Housekeeping Declaration.
PRESENT:
Councillors K Humphries (Mayor), G Smith (Deputy Mayor), S Price OAM, G Crawford, S Ritchie, J Tramby OAM, M Montgomery AM, G Chiu and K Cassells.
IN ATTENDANCE:
Mr M Johnson (Acting General Manager), Mr A Witherby (Director Planning and Community Development), Mrs L Carter (Integrated Planning and Reporting Officer), Mrs A Colbran (Governance Coordinator), Mr M Connolly (Manager Grants/Economic Development) Mrs S Pearse (Manager Grants/Economic Development), Mrs L Fisher (Project and Design Manager) Kylie Kerr (Assets Manager) and Ms D Murray (Executive Assistant).
APOLOGIES: Nil.
LEAVE OF ABSENCE:
Nil.
LEAVE OF ABSENCE REQUESTS:
Cr S Price Thursday, 21 November 2019. Cr J Crawford pending Jury Duty from Wednesday, 27 November 2019 to 12 December 2019 (inclusive). Cr M Montgomery Thursday, 12 December 2019. Cr K Humphries Tuesday, 24 December 2019 to Tuesday, 21 January 2020 (inclusive).
19/11/01 RESOLVED (MOVED: CASSELLS/SECONDED: CHIU) That the Council accepts the Leave of Absence requests.
Cr S Price Thursday, 21 November 2019. Cr J Crawford pending Jury Duty from Wednesday, 27 November 2019 to 12 December 2019 (inclusive). Cr M Montgomery Thursday, 12 December 2019. Cr K Humphries Tuesday, 24 December 2019 to Tuesday, 21 January 2020 (inclusive).
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ACCEPTANCE OF LATE REPORTS
A. Late Report Update on Bridge and Large Culvert Structures in Moree Plains Shire
19/11/02 RESOLVED (MOVED: PRICE /SECONDED: RITCHIE) That the Council accept the Late Reports.
A. Update on Bridge and Large Culvert Structures in Moree Plains Shire
MINUTES:
Minutes from the 24 October 2019 Ordinary Council Meeting.
19/11/03 RESOLVED (MOVED: CASSELLS/SECONDED: CRAWFORD) That the:
Minutes from the 24 October 2019 Ordinary Council Meeting be adopted.
DECLARATIONS OF INTEREST:
Councillor Chiu declared a pecuniary interest in Report 6 Confidential – Sale of Land Moree Gateway as his personal business may be seen to conflict with the proposed development. Councillor Humphries declared a pecuniary interest in Report 6 Confidential – Sale of Land Moree Gateway as her personal business has ties with the proponent along with as the Chair of the Tourism Moree Board.
PUBLIC FORUM:
1. NAME: Mr S Boardman SUBJECT: Report 4 - Request to Close Council Public Road SR205 Backspear Road
Mr Boardman addressed Council in favour of the closure of SR205 Backspear Road
19/11/04 RESOLVED (MOVED: CASSELLS/SECONDED: MONTGOMERY) That the Council allow the time extension to Mr Boardman to address the Council past the three- minute restriction. This is Page No. 5 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
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2. NAME: Mrs A Boardman SUBJECT: Report 4 - Request to Close Council Public Road SR205 Backspear Road
Mrs Boardman addressed Council in favour of the closure of SR205 Backspear Road
3. NAME: Mr D Makim SUBJECT: Report 4 - Request to Close Council Public Road SR205 Backspear Road
Mr Makim addressed Council in favour of the closure of SR205 Backspear Road
Councillor Price would like to offer congratulations to Mayor Humphries for her successful nomination to continue on as the Chair of the Country Mayors Association.
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19/11/05 RESOLVED (MOVED: RITCHIE /SECONDED: CASSELLS) That Report 4 Request to Close Council Public Road SR205 Backspear Road be brought forward at this juncture of the meeting.
Report Title 4. Request to Close Council Public Road SR205 Backspear Road Report by Engineering Services Contact Director of Engineering, Ian Dinham Attachments Three (3) attachments; refer to Attachments section File FILE 13/728
RECOMMENDATION
That Council denies the request to close Backspear Road SR205 and reports to the applicants the other mitigation options that Council will be investigating.
19/11/06 RESOLVED (MOVED: TRAMBY /SECONDED: MONTGOMERY) To reopen the public forum to allow Mrs Boardman to readdress the Council for clarification.
19/11/07 RESOLVED (MOVED: SMITH/SECONDED: PRICE)
1. That Council consider the request to close the black soil (north of Birralee entrance) component of Backspear Road SR205 in conjunction with the upgrading of the Kirewa SR128 under the Self-Help Program offered by Families White, Makim and Boardman to widen the causeway to 7.5m and clear the vegetation and realign road approaches. 2. That Council will need to receive a quote from Pat O’Leary as provided on the 28 October 2019 to Mrs A Boardman. 3. That further report be brought back to Council 12 December 2019 Ordinary Council Meeting to finalise costings and identify a budgetary allocation.
Carried Unanimously.
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REPORT
ALIGNMENT WITH MOREE PLAINS 2027 – YOUR SHIRE. THE PLAN. OUR FUTURE
☐ An Inclusive, Caring Community Not applicable
☒ Sustainable Spaces and Places S1.2 Protect and enhance productive farmland, our artesian water and other water resources
☒ A Vibrant Regional Economy E1.3 Provide a local road network that meets the Shire’s transport and freight needs
☒ A Leading Organisation L1.2 Deliver the desired services throughout the Shire to meet community needs in an effective,
efficient and financially viable way, having regard to compliance and risk obligations
BACKGROUND AND KEY ISSUES
Moree Plains Shire Council (Council), at its 23 May 2019 Ordinary Council Meeting endorsed deferring a decision for the closure request of Backspear Road (SR205) pending further investigation. The conclusion following further investigation and consideration by Council staff is that there is not a solution that would allow SR205 to be closed in the next two-three years.
At the time of writing this report, a submission had been received for a ‘self-help’ proposal, from three local land owners. Council staff have undertaken a preliminary review of the costs and proposed actions and consider that there is not sufficient information to make an informed decision on this matter, at this time.
To summarise staff immediate questions, the self-help suggestions are not endorsed by Council’s current Self- help Policy and the costing for the causeway upgrade is less than half of an equivalent causeway anywhere else in the Shire. The best option in the meantime is to suggest mitigation options to alleviate the concerns raised by the adjoining owners of SR205.
The adjoining owners of SR205 are entitled to request a ‘Self-Help’ Homestead Seal to alleviate the significant nuisance dust. Council no longer has an active policy for this, however, consideration could be given as per the previous policy and procedure.
Council may choose to write to the surrounding landowners reminding them of the ‘Aspirational Levels of Service’, including the ‘no new gravel on local roads’, and the need to preserve the remaining gravel on SR205 through conscious safer/slower driving practices and to use the collector road network when practical. Noting that due to sections of seal on the collector road it may be longer in kilometres but it will be equivalent in time.
Correspondence to surrounding landowners should note that SR205 is not a “short cut that allows” non- compliant machinery to be moved as SR205, Buckie Road (SR127) and even Swifts Road (Crown Public Road) are Public Roads, and all the conditions of the National Heavy Vehicle Regulator (NHVR) must be adhered to, which are equivalent conditions to accessing the Newell Highway.
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On paper, the alternative access of Kirewa Road (SR128) is plausible as it adjoins SR82 in the Gwydir Shire, however, this road has little to no formation and is not suitable after any minor rain event or crossing of wide machinery.
Council will work towards upgrading the causeway on SR128, after suitable design drawings are approved and pending budget and/or successful grant applications. After a widening of the causeway on SR128, SR205 could be load limited to reduce the large vehicle access. A long term solution may be to raise the height of the causeway on SR128, however, this would not be a project in the next five years as there are a number of existing bridge/large culvert structures that need significant repairs or replacement in the next three - five years as a priority.
FINANCIAL IMPACT TO COUNCIL
A cost estimate for the SR128 culvert upgrade has not been determined at this time, however, two previous Croppa Creek crossings substantially exceeded $200,000 each. Council staff will add this culvert to their future projects list and work towards establishing an indicative cost and approvals required for a future budget consideration, in-conjunction with the complete Bridge/Large Culvert Replacement Program.
STATUTORY AND POLICY IMPLICATIONS
As of 1 July 2018, the Crown Land Management Act 2016 commenced. In conjunction with the Crown Land Legislation Amendment Act 2017, Part 4 Division 3 of the Roads Act 1993, Council has the authority to close Council roads within their administrative areas.
RISK IMPLICATIONS
The negative impact on SR205 remaining open is for the adjoining landowners in that their road is more commonly becoming the main access for current land owners that have established farming interests east and west of the Newell Highway.
The negative implications of closing this road, as reported in the Council report of 23 May 2019, is a significantly reduced level of service for the adjacent land owners and for current land owners that have established farming interests east and west of the Newell Highway, possibly as part of their diversification of land management.
ASSET MANAGEMENT IMPLICATIONS
By not closing this road, Council will not realise a reduction in their road network maintenance program. Council will take this opportunity to inform all of the concerned residents that the forthcoming “Aspirational Levels of Service” and the existing gravel road network maintenance work, will impact their Council road access, and for this reason they should review their driving habits during wet weather.
PREVIOUS COUNCIL DECISIONS
Council, at its 23 May 2019 Ordinary Council Meeting, resolved the following.
19/05/23 RESOLVED (MOVED: CASSELLS/ SECONDED: RITCHIE)
That Council defer consideration of Report 6, Request to Close Council Public Road SR205 Backspear Road, with the report to being brought back to Council at future Ordinary Council Meeting date. This is Page No. 9 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
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Council, at its 26 July 2018 Ordinary Council Meeting, resolved the following.
18/07/33 RESOLVED (MONTGOMERY/PRICE)
1. That Council advertise its intention to close the Public Road reserve being Shire Road 205 Backspear Road and report the outcome to a future Ordinary Council Meeting.
2. That Council notify the appropriate land owners and notifiable authorities as per Schedule 3 of the Crown Lands Legislation Amendment Act 2017.
ATTACHMENTS
Attachment 5 Site Investigation Report Attachment B Email – Quote for Widening of Kirewa Road Crossing SR128 Attachment C Handout – Quote regarding Widening of Kirewa Road Crossing SR128
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Report 4 Request to Close Council Public Road SR205 Backspear Road Attachment 5 Site Investigation Report
PART 1: Preliminary Site Investigation
A preliminary site investigation was conducted on Wednesday, 30 October 2019 attended by Leonard Maharaj. The area investigated was the existing causeway; as shown in Figure 1 below.
Figure 1: Site Location
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Site photographic log shown below: MOREE PLAINS SHIRE COUNCIL
Photograph: 1 Site Location: Kirewa Rd
Date: 30/10/2019
Description:
1. Approach
Direction Photo Taken: Taken from the south looking north towards the Croppa Creek culvert.
Photograph: 2
Date: 30/10/2019
Description:
1. Approach to causeway
Direction Photo Taken: Taken from the south looking north towards the Croppa Creek culvert.
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MOREE PLAINS SHIRE COUNCIL
Photograph: 3 Site Location: Kirewa Rd
Date: 30/10/2019
Description:
1. Approach.
Direction Photo Taken: Taken from the south looking north towards the Croppa Creek culvert.
Photograph: 4
Date: 30/10/2019
Description:
5.2m wide at 25m length concrete causeway.
Direction Photo Taken: Taken from the south looking north towards the Croppa Creek culvert.
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Photograph: 5 Site Location: Kirewa Rd
Date: 30/10/2019
Description:
Three parallel 1005mm (internal dia.) concrete pipes.
Direction Photo Taken: Taken from the downstream west looking upstream east.
Photograph: 6
Date: 30/10/2019
Description:
Three parallel 1005mm (internal dia.) concrete pipes.
Direction Photo Taken: Taken from the upstream east looking downstream west.
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MOREE PLAINS SHIRE COUNCIL
Photograph: 7 Site Location: Kirewa Rd
Date: 30/10/2019
Description:
1.Approach
Direction Photo Taken: Taken from the north looking south towards the Croppa Creek culvert.
Photograph: 8
Date: 30/10/2019
Description:
1.Approach
Direction Photo Taken: Taken from the north looking south towards the Croppa
Creek culvert.
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MOREE PLAINS SHIRE COUNCIL
Photograph: 9 Site Location: Kirewa Rd
Date: 30/10/2019
Description:
1.Approach
Direction Photo Taken: Taken from the north looking south towards the Croppa Creek culvert.
Photograph: 10
Date: 30/10/2019
Description:
1.Approach
Direction Photo Taken: Taken from the north looking south towards the Croppa Creek culvert.
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MOREE PLAINS SHIRE COUNCIL
Photograph: Site Location: Kirewa Rd 11
Date: 30/10/2019
Description:
1.Pavement
Direction Photo Taken: Taken from the south looking north.
Photograph: 12
Date: 30/10/2019
Description:
1.Upstream blockage
Direction Photo Taken: Taken from the upstream east looking downstream west.
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Photograph: Site Location: Kirewa Rd 13
Date: 30/10/2019
Description:
1.wingwalls
Direction Photo Taken: the downstream looking upstream.
Photograph: 14
Date: 30/10/2019
Description:
1.wingwalls
Direction Photo Taken: the downstream looking upstream.
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Photograph: Site Location: Kirewa Rd 15
Date: 30/10/2019
Description:
1.Pipes internal movement
Direction Photo Taken: Taken from the downstream looking upstream.
Photograph: 16
Date: 30/10/2019
Description:
1. Articulated vehicle (Semi trailer) 19m long.
Direction Photo Taken:
Taken from the upstream looking downstream.
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Report 4 Request to Close Council Public Road SR205 Backspear Road Attachment B Email – Quote for Widening of Kirewa Road Crossing SR128
From: Annabelle Boardman [mailto:[email protected]] Sent: Thursday, 7 November 2019 1:57 PM To: Katrina Humphries
Dear Mayor, Deputy Mayor, Councillors and Council Staff,
Following our email submission dated 31st October, 2019, please find attached the quotation for proposed widening of the Kirewa Road / Croppa Creek culvert crossing on Shire Road SR128, prepared by Mr Pat O’Leary of Diamantina Infrastucture, a Civil Contractor to Fulton Hogan and Joe Wagner Constructions.
Together with Fulton Hogan Engineers, Pat O’Leary has inspected the Kirewa Road Crossing and prepared a quote for the widening of the crossing by 2 metres (downstream), providing an increased crossing width to approximately 6.2 metres. It was recommended pipe “sleeves” of up to 8m in length can be inserted through the existing three pipes and construction of a foundation slab and headwall, box filled with cement. We were advised that the existing crossing, is a substantial structure that has adequate hydraulics to enable this method of widening, without the need for a new construction.
To “future proof” this crossing, we would like to see the crossing widened to 8 metres.
Please do not hesitate to contact us, if you need any further clarification. We anticipate this submission will be included in the Moree Plains Shire Council Meeting Agenda for discussion on 14th November, 2019.
Thanking you
Boardman / White / Makim
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Report 4 Request to Close Council Public Road SR205 Backspear Road Attachment C Handout – Quote regarding Widening of Kirewa Road Crossing SR128
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Report Title 1. Drought Relief Options Report by Planning and Community Development Contact Angus Witherby, Director of Planning and Community Development Attachments One (1) attachment; refer to Attachments section File FILE13/76
RECOMMENDATION
That Council:
1. Consider the potential options for drought relief, and 2. Resolve to prepare a draft Drought Policy for public exhibition and review.
19/11/08 RESOLVED (MOVED: PRICE/ SECONDED: CRAWFORD)
That the Council move into Committee of the Whole.
The Council moved into Committee of the Whole at the time being 4.45pm.
19/11/09 RESOLVED (MOVED: CASSELLS / SECONDED: SMITH)
That the Council move out of Committee of the Whole.
The Council moved out of Committee of the Whole at the time being 4.57pm
19/11/10 RESOLVED (MOVED: CASSELLS/ SECONDED: SMITH) That Council:
1. Considered the potential options for drought relief, with the removal of option 5 and addition of options 13-15. 2. Resolve to prepare a draft Drought Policy for public exhibition and review.
Option 1 Waive library late fees Option 2 Use drought relief funding to employ people on temporary work employment contracts. Option 3 Rate Relief and or Rate deferral Option 4 Tourism campaigns Option 6 Love Local Gift Card program Option 7 Cash Stimulus Option 8 Skills retention payment This is Page No. 28 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
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Option 9 Rural Water Scheme Option 10 Expand active kids voucher program Option 11 Develop active adults voucher program Option 12 Free clothes washing program Option 13 Water infrastructure for towns and villages Option 14 Income Equalisation Deposits for rural business Option 15 Removing payroll tax from Rural Communities
REPORT
ALIGNMENT WITH MOREE PLAINS 2027 – YOUR SHIRE. THE PLAN. OUR FUTURE
☒ An Inclusive, Caring Community C1.5 Understand the services and programs which are being delivered locally to build capacity in
our families and, where necessary, support the coordination of these efforts
☒ Sustainable Spaces and Places S2.1 Ensure adequate services, facilities and plans are in place to minimise service interruptions
and to cater for current and future demand
☒ A Vibrant Regional Economy E3.1 Keep the businesses we have vibrant and economically sustainable
☒ A Leading Organisation L1.2 Deliver the desired services throughout the Shire to meet community needs in an effective,
efficient and financially viable way, having regard to compliance and risk obligations
BACKGROUND AND KEY ISSUES
The purpose of this report is to place before Moree Plains Shire Council (Council) a number of options for drought relief. The nature of the current drought is unprecedented, and combined with the impacts of the Murray Darling Basin Scheme, has meant that communities within the Shire have reached, or are fast approaching, their limits of resilience. The core issues occurring for the Shire are considered to be:
1. Partial or total loss of income for agricultural producers – many for multiple years – which has significantly eaten into capital and/or equity to the extent that for many there are few if any margins left; 2. Negative multiplier effects through the business sector, including businesses which rely on agriculture, businesses that rely on them and other businesses in the economy (such as retailing and personal services), in particular those which rely on discretionary expenditure; 3. Very significant losses of on-farm labour and expertise, which will be difficult or impossible to replace on a return to better conditions;
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4. Severe issues with mental health and well-being within the Shire combined with limited service availability; and 5. A potentially catastrophic situation for the Shire if the current drought extends beyond, another 12 months.
This report outlines possible ways in which Council can work to address these issues through:
Facilitation Advocacy and lobbying, and Direct action.
Local Government is at the frontline and is the sector of government best equipped to understand, analyse and propose education measures for the current drought situation. At the same time, local government is highly constrained in particular in terms of its financial capacity to make meaningful change. Nevertheless, local government has a lead role in championing the community and assisting to maintain social integration and well-being.
The current drought is the most significant economic challenge to face the Shire and this has been made worse by the water buybacks associated with the Murray Darling Basin Scheme, all of which have placed pressure not only on existing irrigators, but also on dependent businesses and other businesses within the rural network. Moree is a close knit town where issues affecting one part of the community spill-over to affect others.
Council has three potential avenues to assist the communities within the Shire to manage drought. These are listed below with potential initiatives included. It is suggested that Council Suspend Standing Orders to workshop these initiatives and to identify any other potential initiatives.
The initiatives are set out under the three headings below:
- Direct Action o In some ways this is the most straightforward approach noting that such actions need to be within the financial capacity of the Council. o Typical options under this heading might include: . Payment of rate relief in a similar way to the recent rate relief for town water supply services. . Direct contribution by way of a cash card or similar . Sponsoring and running community social and well-being functions to help community cohesion and resilience. - Advocacy and lobbying o This is likely to be most effective where existing unallocated funds are available at higher levels of government and where a suitable case can be made for their expenditure within existing programs or under specific drought programs that might be created. o Typical options under this heading might include: . Options for payment of rate relief money to primary producers/rate concessions to Councils . Waiving of a wider range of fees and charges . Voucher systems to spend in local businesses . Direct community subsidies including payments to laid off farm workers for skill preservation provided that they continue to reside in the local government area.
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- Facilitation o This is likely to be most effective in working with existing program providers, particularly state and not-for-profit providers who operate services within the local government area. o Typical options under this heading might include: . Facilitation of a round table around mental health and support services
Many councils have drought relief policies, however, these are usually targeted at stock and domestic and urban water supplies rather that adopting a more holistic approach to community and drought.
FINANCIAL IMPACT TO COUNCIL
Local government is fiscally constrained in its ability to engage in direct action options. Although the Council’s cash position is sound, and borrowings are at reasonable levels, Council does face potential significant calls on funds over the next one – two years. The last three – four years have involved considerable fiscal restraint in order to deliver Council to a more sustainable long-term financial position.
Significant direct action whether by way of expenditure of cash or through loan funds would potentially challenge this position and weaken Council’s long term sustainability. This is particularly the case if there is a significant increase in unpaid rates and this is not matched by rate relief funds to either landholders or councils. In addition, councils in drought areas are increasingly having to bear additional costs and expenses in particular associated with water supply to communities that are under water stress. While at the present time there are only a limited number of communities within the Shire in this position, any further extension of the drought would likely worsen this situation.
Council should note that any budget allocations in this financial year will require careful consideration in terms of the potential impacts on Council’s position and long-term planning.
STATUTORY AND POLICY IMPLICATIONS
Council’s statutory functions are set out in the Local Government Act 1993 (NSW) (the Act). In particular, Council has wide discretion in activities related to the exercising of functions, and decision-making is set out in the Act.
Policy implications relate primarily to Council’s own policy frameworks, noting that Council does not have a Drought Relief Policy (Policy) at the present time. It would be appropriate for Council to consider such a policy for adoption in the relatively near future. Drought Relief policies that have been examined from other councils tend to focus on pragmatic issues associated with water supply to urban residents and also stock and domestic supply to rural residents. In some cases, water allocations to businesses are also considered. It is suggested that any such policy developed by this Council look more broadly at social and economic impacts of drought rather than just water provision.
Restricting factors to effective drought relief are current policies of State and Federal government, noting that while there are a number of existing “drought” programs in place, these tend to be limiting in terms of the elements for which funding can be sought.
RISK IMPLICATIONS
There are risks if a Policy is not adopted and also if a Policy is adopted. Financial risks may occur if a policy is not adopted or if an inappropriate policy is adopted;
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MAYOR PUBLIC PAPER GENERAL MANAGER
Community well-being risks are rising and Council is one of the few stakeholders that can develop strategies and mitigation techniques to improve community resilience and increase community “mood”.
ASSET MANAGEMENT IMPLICATIONS
The implications for Council assets are focused on water resources and the use of those resources during a drought.
PREVIOUS COUNCIL DECISIONS
Council at its 10 October 2019 ordinary Council Meeting resolved the following.
19/10/10 RESOLVED (MOVED: CASSELLS/SECONDED: PRICE) That the General Manager investigate drought relief initiatives and report back to Council at the 14 November Ordinary Council Meeting.
ATTACHMENTS
Attachment 1 Table of potential responses with assessment of implications and risks. Attachment 2 Currently Available Grants
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Report 1 Drought Relief Options Attachment 1 Table of potential responses with assessment of implications and risks.
No. Response Role of Council Cost Risks Comments
1 Waive library Direct $1,500 p.a. Minimal Would be consistent with adjoining late fees councils and would improve return rate of overdue items. Controls exist to prevent further borrowings. Would be a good “feel good” gesture.
2 Use drought Direct Quantum Minimal if Issue of supervisory capabilities and relief funding up to funded from demands on over-stretched to employ Council – other spheres recruitment function would need to people on say of government. be addressed. temporary $100,000 work per job all Significant risks employment up per to Council’s There are, however sections of contracts. annum. financial position if Council where people with Council funds appropriate skills could be “slotted it, and there in” to existing supervisory are more than frameworks. a handful of jobs. Gwydir Council has implemented an There are approach which can be found at: significant risks https://gwydirshire.com/if-they- to recruitment wont-do-it-we-will-positions- timelines for available-for-drought-effected- regular council community-members/ positions unless additional recruitment Moree Chamber of Commerce is in resources are support, but unable to contribute made resources. available.
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3 Rate relief Direct and/or Quantum Minimal if If self-funded would likely be loans advocacy up to funded from only. National Farmer’s Federation Council – other spheres supports rate relief, as does Federal depends of government. member for New England. largely on Significant if external self-funded Staff have a firm view that rates support from loans or deferral or relief should not be cash. funded by the Council, in particular as there are significant challenges in determining genuine need.
A possibility is that we advocate to be declared a “Natural Disaster Area” however this would require a change of definition from that currently used in NSW. In NSW there is an emphasis on “rapid onset events” and items such as heatwave are excluded. In QLD on the other hand, a disaster is “a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by the state and other entities to help the community recover from the disruption” which would appear to include a drought.
4 Tourism Direct and/or Depends on Minimal if Discussions could be held with the campaigns advocacy whether it reallocated Visitor Information Centre about a and/or is money. campaign and packages to entice facilitation reallocation Financial more visitors. There is some of existing impact on evidence that people will “travel and tourism Council if new stay to help out”. Emerging markets budget or money. would need to be identified, as well fresh as the highest spending money demographic and what is attractive to them. There is currently a #buyfromthebush campaign gaining significant traction on Facebook. There is a potential to leverage that and have, for example, a #buyfromthebush coach tour from Brisbane that takes in regional shopping as well as sights such as Artesian baths etc.
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5 Events/music Direct Potentially Moderate if Events potentially bring significant festival would seed funding is dollars and large numbers of visitors. require provided and We could get a “Day on the Green” significant the initial or similar headline event/festival seed event does not funding, meet budget. here encouraging millennials to take possibly a rural road trip, and donating profits $50,000 or Significant staff to local charities to distribute to more but resources drought affected families. The event has involved – would need to have a decent enough would potential to headline act/draw to warrant be self- generally traveling the distance from Sydney sustaining. require a full- time or Brisbane. equivalent A regular event can become self- staff input for funding through sponsorships. Staff say 6-9 months. in Economic and Community Development have significant experience in this space and could develop a preliminary program. UAC was giving consideration to the possibility of an “Art Deco Festival”, however, this has not progressed to the stage of determining community interest in developing the concept. 6 Love Local Direct/Facilitate T.B.A T.B.A. Commenced Wednesday, 6 Gift Card November with 97 businesses program involved – is expected to provide a significant stimulus to local small business with the effects being realised in Q3 when the gift cards are likely to be redeemed. Drought support packages provided to primary producers could potentially also utilise these cards as opposed to the standard VISA debit card that Rural Aid for instance supplies. For instance, Mungindi Progress Association were approached re drought support by a Sydney-based charity and they will be purchasing the cards as donations to drought relief in that community. There is more that can be done; just needs time and resources.
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7 Cash Stimulus Advocacy $1,000,000 Minimal if This idea was previously put forward (say) funded and by Council in an application for operated by Federally funded drought relief external support. It was denied, for reasons agency which were not entirely clear, and the principles were then implemented through use of “not for profits”.
Council’s previous considerations raised a range of matters – largely based on who would be targeted and how. Views ranged from equal amount to every (adult) resident through to a more targeted program e.g. landholders or perhaps people who have lost employment. The stimulus could be by way of direct payment, or receipt of a card, which required expenditure to be within the Shire with registered businesses.
8 Skills Advocacy Difficult to Minimal if The aim would be to keep people retention quantify funded and with needed skills living locally so payment operated by that they would be available when external worker demand recovers. agency The concept is to ensure that people who have lost on-farm work within (say) the last 2 years would be eligible for a regular “skills retention payment”. This payment would be by cash, and would be dependent on eligible participants continuing to reside in the Shire until (say) 6 months after the drought has broken or they obtain work.
9 Rural Water Direct Depends on Depends on Council supported urban water rate Scheme take-up quantum of payers through a rebate scheme. support With the new infrastructure for provided. water deliveries a complementary Isolated to scheme could be established for some degree to rural ratepayers/residents. Water Fund.
10 Expand active Advocacy Minimal if Minimal if Existing state government voucher kids voucher external external program. Could be expanded from program agency agency $100 to larger figure.
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11 Develop Advocacy Minimal if Minimal if Model on the existing state active adults external external government kids voucher program. voucher agency agency Could help offset costs of sports program participation by adults.
12 Free clothes Direct Modest Low Gunnedah recently installed some washing washing machines at their program showgrounds. Maybe something that could work in conjunction with a not-for-profit.
Current listed on the attached spreadsheet grants which could be a point of reference. available
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Report 1 Drought Relief Options Attachment 2 Currently Available Grants
(Attachment provided under separate cover due to size)
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Report Title 2. Code Of Conduct Complaint Statistics – 1 September 2018 To 31 August 2019 Report by Corporate Services Contact Alice Colbran – Governance Coordinator and Complaints Coordinator Attachments One (1) attachment; refer to Attachments section File FILE 18/949
19/11/11 RESOLVED (MOVED: PRICE/ SECONDED: RITCHIE)
That the report Code of Conduct Complaint Statistics – 1 September 2018 to 31 August 2019 be received for information and noted by Council.
REPORT
ALIGNMENT WITH MOREE PLAINS 2027 – YOUR SHIRE. THE PLAN. OUR FUTURE
☐ An Inclusive, Caring Community Not applicable
☐ Sustainable Spaces and Places Not applicable
☐ A Vibrant Regional Economy Not applicable
☒ A Leading Organisation L1.2 Deliver the desired services throughout the Shire to meet community needs in an effective,
efficient and financially viable way, having regard to compliance and risk obligations
BACKGROUND AND KEY ISSUES
This report is provided to Moree Plains Shire Council (Council) in order to meet our obligations pursuant to Part 11 of the Procedures for the Administration of the Model Code of Conduct (the Procedures), requiring the reporting of statistics on conduct complaints about Councillors and the General Manager on an annual basis.
FINANCIAL IMPACT TO COUNCIL
Clause 11.1(g) of the Procedures provides that, “the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs,” be reported to Council and the Office of Local Government.
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The total cost of dealing with code of conduct matters, including staff time, from 1 September 2018 to 31 August 2019 was $476.
STATUTORY AND POLICY IMPLICATIONS
Under Part 11 of the Procedures, Complaints Coordinators are to report on the statistics as included in Attachment 3 by 31 December 2019 each year. The statistics cover the period 1 September 2018 to 31 August 2019.
RISK IMPLICATIONS
No significant risk implications have been identified.
ASSET MANAGEMENT IMPLICATIONS No asset management implications have been identified.
PREVIOUS COUNCIL DECISIONS
This is the first time this matter has come before Council.
ATTACHMENTS
Attachment 3 Model Code of Conduct Complaint Statistics Report
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Report 2 Code Of Conduct Statistics – 1 September 2018 To 31 August 2019 Attachment 3 Model Code of Conduct Complaint Statistics Report
Office of Local Government
Model Code of Conduct Complaints Statistics
Reporting Period: 1 September 2018 - 31 August 2019
Date Due: 31 December 2019
To assist with the compilation of the Time Series Data Publication it would be appreciated if councils could return this survey by 30 November 2019.
Survey return email address: [email protected]
Council Name: Moree Plains Shire Council
Contact Name: Alice Colbran Contact Phone: (02) 6757 3411
Contact Position: Governance Coordinator Contact Email: [email protected]
All responses to be numeric. Where there is a zero value, please enter 0.
Enquiries: Performance Team Office of Local Government Phone: (02) 4428 4100 Enquiry email: [email protected]
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Model Code of Conduct Complaints Statistics Moree Plains Shire Council
Number of Complaints
1 a The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct 2
b The total number of complaints finalised in the period about councillors and the GM under the code of conduct 1
Overview of Complaints and Cost
2 a The number of complaints finalised at the outset by alternative means by the GM or Mayor 1
b The number of complaints referred to the Office of Local Government under a special complaints management arrangement 0
c The number of code of conduct complaints referred to a conduct reviewer 0
d The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer 0
e The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer 0
f The number of finalised code of conduct complaints investigated by a conduct reviewer 0
g The number of finalised code of conduct complaints investigated by a conduct review committee 0
h The number of finalised complaints investigated where there was found to be no breach 1
i The number of finalised complaints investigated where there was found to be a breach 0
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j The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police 0
k The number of complaints being investigated that are not yet finalised 1
l The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs 476
Preliminary Assessment Statistics
3 The number of complaints determined by the conduct reviewer at the preliminary assessment
stage by each of the following actions:
a To take no action 0
b To resolve the complaint by alternative and appropriate strategies 0
c To refer the matter back to the GM or the Mayor, for resolution by alternative and appropriate strategies 0
d To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police 0
e To investigate the matter 0
f To recommend that the complaints coordinator convene a conduct review committee to investigate the matter 0
Investigation Statistics
4 The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:
a That the council revise its policies or procedures 0
b That a person or persons undertake training or other education 0
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5 The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:
a That the council revise any of its policies or procedures 0
b That the subject person undertake any training or other education relevant to the conduct giving rise to the breach 0
c That the subject person be counselled for their conduct 0
d That the subject person apologise to any person or organisation affected by the breach 0
e That findings of inappropriate conduct be made public 0
f In the case of a breach by the GM, that action be taken under the GM’s contract for the breach 0
g In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 0
h In the case of a breach by a councillor, that the matter be referred to the Office for further action 0
6 Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures and clause 7.20 of the new Procedures 0
Categories of misconduct
7 The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:
a General conduct (Part 3) 0
b Conflict of interest (FMCC Part 4) and Non-pecuniary conflict of interest (NMCC Part 5) 0
c Personal benefit (FMCC Part 5 / NMCC Part 6) 0
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d Relationship between council officials (FMCC Part 6 / NMCC Part 7) 0
e Access to information and resources (FMCC Part 7 / NMCC Part 8) 0
Outcome of determinations
8 The number of investigated complaints resulting in a determination that there was a breach in which the council failed to adopt the conduct reviewers recommendation 0
9 The number of investigated complaints resulting in a determination that there was a breach in which the council's decision was overturned following a review by the Office 0
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Report Title 3. NSW Addressing Policy and User Manual Report by Engineering Services Contact Ian Dinham, Director of Engineering Attachments Two (2) attachments; refer to Attachments section File FILE 13/77; FILE13/510
19/11/12 RESOLVED (MOVED: PRICE / SECONDED: RITCHIE)
That the NSW Addressing Policy and User Manual be advertised calling for submissions for a period of twenty-eight (28) days, with a further report to come back to Council for final endorsement.
REPORT
ALIGNMENT WITH MOREE PLAINS 2027 – YOUR SHIRE. THE PLAN. OUR FUTURE
An Inclusive, Caring Community ☒
C1.1 Public safety is maximised through support for initiatives that reduce the incidence of crime
and promote safety ☐ Sustainable Spaces and Places Not applicable ☐ A Vibrant Regional Economy Not applicable ☒ A Leading Organisation L3.2 Residents are informed about and involved in Council’s decision-making
BACKGROUND AND KEY ISSUES
In 2013 the Geographical Names Board (GNB) commenced working with NSW Stakeholders to develop a suite of addressing policies and guidelines.
The policies and guidelines were required to clarify roles and responsibilities related to addressing, streamline addressing processes and ensure a consistent, quality and service-driven approach to address management in NSW.
After an extensive review of the previously released documents, the NSW Address Policy and User Manual (the Manual) has been released in October 2019. The updated Manual is all encompassing and replaces the previously separate NSW Addressing User Manual, NSW Address Policy and NSW Retrospective Address Policy.
The contents of this Policy and Manual will apply to:
Road names (private and public) Assignment of address numbers
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Development and subdivision address processes Complex site addressing (caravan parks, retirement villages, educational facilities etc) Creation of new or amended address locality boundaries
Moree Plains Shire Council (Council) previously adopted the GNB Road Naming Policy in its entirety at its meeting on 14 August 2014 (Resolution No 14/08/11 Resolved Tramby/Gall) and the Property Addressing Policy was adopted on 15 December 2011 (Resolution No 11/12/53 Resolved Brazel/Fernance).
By adopting this new policy and procedures, it will ensure that Council retains a consistency and up to date procedure to follow when considering road naming requests and property addressing processes.
FINANCIAL IMPACT TO COUNCIL
Aside from advertising this policy in accordance with Council’s usual practises of informing the community, there are no other financial implications to Council. Advertising costs would be minimised by advertising on the Council website and Facebook pages; however, a minimum of one (1) advertisement would have to appear in the local newspaper, at a cost of approximately $500.
STATUTORY AND POLICY IMPLICATIONS
The adoption of this Policy would streamline current policies and ensure that Council is providing an up to date service to the community.
RISK IMPLICATIONS
No significant risk implications have been identified.
ASSET MANAGEMENT IMPLICATIONS
No asset management implications have been identified.
PREVIOUS COUNCIL DECISIONS
Council, at its 14 August 2014 Ordinary Council Meeting resolved the following.
14/08/11 RESOLVED (TRAMBY/GALL):
That Council adopt the New South Wales Road Naming Policy as its official guideline for the naming of roads.
Council, at its 15 December 2011 Ordinary Council Meeting resolved the following.
11/12/53 RESOLVED (BRAZEL/FERNANCE):
1. The Property Addressing Policy be adopted.
2. The $40.00 fee for supply of new and replacement posts be included in Council’s Fees and Charges, including a reference to the installation of posts being undertaken as a Private Works Request.
3. That the wording under installation be changed to read as follows This is Page No. 47 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
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For maximum visibility, where possible, number signs shall be at least one metre high That the numbers begin at the top of the post
ATTACHMENTS
Attachment 4 NSW Address Policy and User Manual Attachment A Summary of Amendments
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Report 3 NSW Addressing Policy and User Manual Attachment 4 NSW Address Policy and User Manual
(Attachment provided under separate cover due to size)
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Report 3 NSW Addressing Policy and User Manual – Attachment A Summary of Amendments
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Report Title A. Late Report - Update on Bridge and Large Culvert Structures in Moree Plains Shire Report by Engineering Services Contact Ian Dinham, Director of Engineering Attachments No attachment File FILE 19/244
19/11/13 RESOLVED (MOVED: RITCHIE / SECONDED: MONTGOMERY)
1. That maintenance repairs to the Agnes Hutton Bridge be undertaken while the river is so low with funds to be taken from the Roads Sustainability Reserve. 2. That a funding application be prepared for Bruxner Way culverts.
REPORT
ALIGNMENT WITH MOREE PLAINS 2027 – YOUR SHIRE. THE PLAN. OUR FUTURE
☐ An Inclusive, Caring Community Not applicable
☒ Sustainable Spaces and Places S2.1 Ensure adequate services, facilities and plans are in place to minimise service interruptions
and to cater for current and future demand
☐ A Vibrant Regional Economy Not applicable
☐ A Leading Organisation Not applicable
BACKGROUND AND KEY ISSUES
Moree Plains Shire Council (Council) staff have completed a ‘Level 2 Inspection’ on 62 waterways structures, bridges and large culverts. Out of the 62 structures inspected, 12 required follow-up inspections by an experienced bridge consultant.
As a result of this follow up by the experienced bridge consultant: Half of the observed defects were not considered to be significant. Six (6) structures need major rehabilitation. If these works cannot be undertaken in the next 1-3 years the structural integrity of the bridge may be compromised.
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Two (2) of the structures required the immediate removal of HML access load limits due to the asset condition A further two (2) are to be monitored six (6) monthly for any sign of deterioration that would result in load limits also being placed on them.
Council has an annual budget of $70,000 that covers minor maintenance only. As such, a further report will be brought back to the Strategic Asset & Works Committee before the annual budget preparation period with estimated costs and time frames for the specialised maintenance works that have been identified from this last round of inspections. This report will also include more details of the six (6) structures that require major rehabilitation with two (2) of them nearing the end of their useful life.
Of the 62 structures, only four (4) were considered to have no concerning issues. Eighteen (18) structures required that the normal inspection regime monitor observable defects for signs of any accelerated compromised integrity, which is typical of structures with a condition assessment of 2 or 3.
Sixteen (16) structures require minor maintenance to drainage improvements, joint sealing repairs and other such maintenance issues that, if not treated now, will result in significant concerns later.
Once costing estimates are understood, the six (6) identified structures will be provided to Council with their renewal and replacement priority ranking. The ranking criteria to be used is outlined in Table 14 “Renewal and Replacement Priority Ranking Criteria”, page 33 of the Transport Asset Management Plan 2018-2037. This will allow Council to make an informed decision in respect to funding allocation for these major rehabilitation works.
FINANCIAL IMPACT TO COUNCIL
The financial impact will be the subject of a future report in February 2020.
STATUTORY AND POLICY IMPLICATIONS
The NSW Roads Act 1993 identifies Councils’ role as a road authority to protect a public road and to protect the public’s right of passage along a public road. The Local Government Act 1993, sets out the responsibilities and powers of local government to prepare long term financial plans to support asset management plans for sustainable service delivery.
RISK IMPLICATIONS
The failure of a major waterway structure can be sudden and with serious consequences. Any failure can impact the whole road for an extended period of time and therefore a regular inspection regime and sufficient funds allocated for maintenance and rehabilitation needs to be included in future budget considerations.
ASSET MANAGEMENT IMPLICATIONS
Waterway structures (bridges and large culverts) are a discrete and unique component of the roadway and are therefore removed from the general asset collection and inspection regime of the roadway.
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PREVIOUS COUNCIL DECISIONS
The last specific report on bridge assets was the Bridge Work Strategy 2011 to 2013 presented to the first Council meeting in August 2011. After this time, the Bridge Asset Replacement strategy has been included in the adoption of the Transport Management Plan.
This is the first time this matter has come before Council.
ATTACHMENTS
There are no attachments.
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CLOSED COUNCIL In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.
5. Confidential - Sale of Council Land – Lot 1 DP 1245815, ‘Sikyla Park’, 100 Barton Plains Road, Moree
That Report, Confidential - Sale of Council Land – Lot 1 DP 1245815, ‘Sikyla Park’, 100 Barton Plains Road, Moree, be dealt with in Closed Council as it relates to Section 10A (2)(d) of the Act being:
(d) Commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it”
6. Confidential – Sale of Land Moree Gateway
That Report – Confidential – Sale of Land Moree Gateway, be dealt with in Closed Council as it relates to Section 10A (2)(d)(ii) of the Act being:
(d) Commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it (ii) confer a commercial advantage on a competitor of the council.
19/11/14 RESOLVED (MOVED: CASS/SECONDED: PRICE)
1. That Council resolve into closed council to consider business identified, tabled at the meeting.
2. That pursuant under Section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) as outlined above.
3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.
The Council moved into closed Council at the time being 5.02pm. The public and media left the Chamber.
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Report Title 5. Confidential - Sale of Council Land – Lot 1 DP 1245815, ‘Sikyla Park’, 100 Barton Plains Road, Moree Report by Corporate Services Contact Mitchell Johnson, Director Corporate Services Attachments One (1) attachment; refer to Attachments section File FILE 18/746
19/11/15 RESOLVED (MOVED: CASSELLS/SECONDED: RITCHIE)
That Council accepts the offer from Jeffery and Emma Hollands, to purchase Lot 1 DP 1245815, ‘Sikyla Park’, 100 Barton Plains Road, Moree and that all documents associated with this sale be executed under Council seal.
For: Councillors Humphries, Smith, Price, Tramby, Cassells, Crawford, Montgomery, Chiu, Ritchie.
REPORT
ALIGNMENT WITH MOREE PLAINS 2027 – YOUR SHIRE. THE PLAN. OUR FUTURE
☐ An Inclusive, Caring Community Not applicable
☐ Sustainable Spaces and Places Not applicable
☐ A Vibrant Regional Economy Not applicable
☒ A Leading Organisation L1.1 Ensure Council’s operations are financially sustainable and we responsibly manage our
organisational resources, systems and processes
CONFIDENTIALITY STATEMENT
Should Moree Plains Shire Council (Council) like to review, in detail, the confidential aspects of this report, then this should be dealt with in ‘Closed Council’, as it relates to a section 10A (2) of the Local Government Act 1993 (the Act). Council will then need to resolve to move into ‘Closed Council’ with the explanation as follows:
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That Report, Confidential - Sale of Council Land – Lot 1 DP 1245815, ‘Sikyla Park’, 100 Barton Plains Road, Moree, be dealt with in Closed Council as it relates to Section 10A (2)(d) of the Act being:
(d) Commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it”
BACKGROUND AND KEY ISSUES
In August 2017 following the Sale of Land for Unpaid Rates Auction, Council listed with its real estate agent a number of properties identified as surplus to Council requirements, including those which were purchased during that auction.
Since this time, Council has had considerable interest in the surplus land and has managed to dispose of 43 of 53 properties listed.
Sikyla Park was listed with our real estate agent following the subdivision of the property from the original 92ha block and a public auction held on 15 June 2019, on site.
STATUTORY AND POLICY IMPLICATIONS
Policy The sale of this property is in accordance with Council’s Acquisition and Disposal of Land Policy.
Sale of Land Pursuant to Section 377(1)(h) of the Act, Council may not delegate the decision to acquire or dispose of land.
The Contract for Sale is prepared using The Law Society of NSW and The Real Estate Institute of NSW standard contract and comply with the Conveyancing Act 1919 and other Acts and Regulations pertaining to the sale of property.
Affixing the Seal Clause 400(4) of the Local Government (General) Regulation 2005, the seal of a Council must not be affixed to a document unless the document relates to the business of the Council and the Council has resolved (by resolution specifically referring to the document) that the seal be so affixed.
RISK IMPLICATIONS
Probity Council utilises the services of our real estate agent and solicitors in selling all properties to ensure we meet our legal obligations regarding the sale of land.
ASSET MANAGEMENT IMPLICATIONS
The asset management implications are considered confidential.
This is Page No. 60 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
14 NOVEMER 2019
MAYOR PUBLIC PAPER GENERAL MANAGER
PREVIOUS COUNCIL DECISIONS
Council, at its 11 April 2019 Ordinary Council Meeting resolved the following: 19/04/06 RESOLVED (MOVED: MONTGOMERY/SECONDED: RITCHIE) That: 1. The sale of the following properties be via auction, at the reserves provided: Lot 1 in Deposited Plan 1245815, known as Sikyla Park, Moree NSW Lot 2 in Deposited Plan 1245817, known as Wheelers Block, Moree NSW 2. Pursuant to Section 377 of the Local Government Act 1993, the General Manager be given delegated authority to execute the Contracts for sale documents for Sikyla Park and Wheelers Block if sold at auction. 3. If Sikyla Park and Wheelers Block are not sold at auction, then they are to be listed for sale with Moree Real Estate at their reserve prices…
ATTACHMENTS
Attachment 6 Map of property
This is Page No. 61 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
14 NOVEMER 2019
MAYOR PUBLIC PAPER GENERAL MANAGER
Report 5 Confidential - Sale of Council Land – Lot 1 DP 1245815, ‘Sikyla Park’, 100 Barton Plains Road, Moree Attachment 6 Map of Property
Sikyla Park
This is Page No. 62 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
14 NOVEMER 2019
MAYOR PUBLIC PAPER GENERAL MANAGER
Cr Humphries and Cr Chiu left the meeting due to their declared pecuniary interest, the time being 5.07pm. Councillor Smith commenced the role of Chair.
Report Title 6. Confidential – Sale of Land Moree Gateway Report by Planning and Community Development Contact Mark Connolly, Economic and Community Development Manager Attachments No attachment File FILE 13/1020
RECOMMENDATION
That Council receive the report and associated presentations for consideration.
19/11/16 RESOLVED (MOVED: CASSELLS / SECONDED: CRAWFORD)
1. That Council provide in principle support for the sale of Lot 26, 27, and part lot 29 located at the Moree Gateway.
2. That pursuant to Section 377 of the Local Government Act 1993, the General Manager be given delegated authority to negotiate the terms of sale for said lots through an ‘option agreement’ with contract annexed.
3. That the said terms of sale, option agreement, and contract be brought back to Council for further consideration.
REPORT
ALIGNMENT WITH MOREE PLAINS 2027 – YOUR SHIRE. THE PLAN. OUR FUTURE
☐ An Inclusive, Caring Community Not applicable
☒ Sustainable Spaces and Places S4.4 Facilitate and regulate development
☒ A Vibrant Regional Economy E3.3 Entice new business development and investment within the Shire
☒ A Leading Organisation L1.2 Deliver the desired services throughout the Shire to meet community needs in an effective,
efficient and financially viable way, having regard to compliance and risk obligations
This is Page No. 63 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
14 NOVEMER 2019
MAYOR PUBLIC PAPER GENERAL MANAGER
CONFIDENTIALITY STATEMENT
Should Moree Plains Shire Council (Council) like to review, in detail, the confidential aspects of this report then this should be dealt with in ‘Closed Council’ as it relates to a section 10A(2) of the Local Government Act 1993 (NSW) (the Act). Council will then need to resolve to move into ‘Closed Council’ with the explanation as follows:
That Report – Confidential – Sale of Land Moree Gateway, be dealt with in Closed Council as it relates to Section 10A (2)(d)(ii) of the Act being:
(d) Commercial information of a confidential nature that would if disclosed: (i) prejudice the commercial position of the person who supplied it (ii) confer a commercial advantage on a competitor of the council.
BACKGROUND AND KEY ISSUES
The purpose of this report is for Moree Plains Shire Council (Council) to receive for information the proposal and to consider the sale of land offer. Additional information regarding the implications of the proposal will be presented at the 14 November 2019 Ordinary Council Meeting.
FINANCIAL IMPACT TO COUNCIL
The financial impacts to Council is considered confidential.
STATUTORY AND POLICY IMPLICATIONS
The Local Government Act 1993 (NSW) outlines Council’s responsibilities in getting best value for assets held on behalf of the community and provides probity guidance in dealing with Council Land.
RISK IMPLICATIONS
The risk implications to Council is considered confidential.
ASSET MANAGEMENT IMPLICATIONS
No asset management implications have been identified.
PREVIOUS COUNCIL DECISIONS
This is the first time this matter has come before Council.
ATTACHMENTS
There are no attachments.
This is Page No. 64 of 65 of the ADOPTED minutes of the ORDINARY MEETING of the Moree Plains Shire Council held on
14 NOVEMER 2019
MAYOR PUBLIC PAPER GENERAL MANAGER