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Ordinary Council Meeting Agenda 22 July 2020 7.00Pm ORDINARY COUNCIL MEETING AGENDA 22 JULY 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 22 July 2020 LEETON SHIRE COUNCIL AGENDA ORDINARY COUNCIL MEETING 22 July 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 Wednesday 24 June 2020, as circulated, be taken as read and CONFIRMED. 5. DISCLOSURES OF INTERESTS 6. PUBLIC REPRESENTATIONS 7. MAYORAL MINUTES 7.1 UPDATED WATER POLICY POSITION STATEMENT ..............................4 8. REPORTS TO COUNCIL GENERAL MANAGER’S MATTERS 8.1 RAMJO BOARD MEETING MINUTES AND WATER POSITION STATEMENT ........................................................................................8 BUSINESS AND INVESTMENT MATTERS 8.2 INVESTMENTS REPORT FOR JUNE 2020 ........................................... 32 8.3 ENDORSEMENT OF THE DRAFT FINANCIAL HARDSHIP POLICY AND DRAFT DEBT RECOVERY POLICY JULY 2020 ........................... 44 1 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 22 July 2020 OPERATIONAL MATTERS 8.4 PROPOSED ROAD CLOSURE AND SALE - PART MAHER ROAD LEETON ............................................................................................ 71 9. NOTICES OF MOTION 10. COUNCILLOR ACTIVITY REPORTS 10.1 COUNCILLOR ACTIVITY REPORT ..................................................... 75 11. CONFIDENTIAL MATTERS 12. CONCLUSION OF THE MEETING 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. 2 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 22 July 2020 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 3 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 22 July 2020 MAYORAL REPORTS ITEM 7.1 UPDATED WATER POLICY POSITION STATEMENT RELATED FILE NUMBER EF10/455 RECORD NUMBER 20/266 SUMMARY/PURPOSE Water is the lifeblood of the MIA. The Murray Darling Basin Plan (Basin Plan) and Water Act 2007 (the Act) are impacting our community in ways that need to be urgently addressed. To achieve currency and clarity on our position on these matters, and having regard to the recently adopted RAMJO Water Position Paper, I am proposing an update to the Leeton Shire Water Policy Position Statement first adopted in 2019. Council adopted a Water Policy Position Statement in May last year. 4 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 22 July 2020 Activities since the Leeton Shire Council Water Policy Statement was adopted include: • Release of the Mick Keelty report (Impact of Lower Inflows on State Shares Under the Murray-Darling Basin Agreement) and the Robbie Sefton (The Independent Assessment of Social and Economic Conditions in the Basin) reports. • First hand experience of how the Basin Plan and Water Trading Policies have exacerbated the impacts of drought. • An emerging awareness of the apparent over extraction of groundwater in the Murrumbidgee and the net loss of water out of the MIA due to intervalley trade during dry years. • This has resulted in lost productivity in the MIA as shown by the vastly reduced amount of rice grown last year – which has had flow on effects for job security in Leeton Shire. • A Sustainable Diversion Adjustment Mechanism Project on the Murrumbidgee River at Yanco Creek that is highly contentious but if not delivered will trigger further buybacks. • RAMJO (the Riverina and Murray Joint Organisation of Councils) has adopted a Water Position paper in an effort to identify solutions to address our collective concerns about water security in our irrigation communities. Leeton Shire Council remains committed to the intent of the 2012 Murray Darling Basin Plan but we need to work actively to restore community confidence in the Murray Darling Basin Plan by holding governments accountable and advocating for improvements in its implementation. Water reform was never supposed to decimate thriving regional communities or industries such as those in the MIA, but was supposed to see smarter use of a precious water resource so that more water could be returned to the environment with no or little reduction in agricultural productivity. The Federal Government needs to go back to first principles and honour their commitments when the National Water Initiative 2004 and Water Act 2007 were developed. These included: • General Security water entitlements would not be eroded • Water entitlements would not be affected by others’ carryover • There would be increased certainty and reliability of water access for users • The Government would bear the risks associated with reductions in water allocations arising from government policy. 5 LEETON SHIRE COUNCIL Ordinary Council Meeting - Wednesday 22 July 2020 RECOMMENDATION THAT Leeton Shire Council adopts a 10-point Water Policy Position Statement as follows: 1. Council supports the aspiration to achieve a Murray Darling Basin River System that is healthy and can sustainably support a prosperous irrigated agricultural sector and its communities. Council recognises that Climate Change makes the task more challenging. 2. Council aspires to growing the MIA’s agricultural production through comprehensive and sustainable use of all irrigable lands, the considered and careful application of water and ongoing research and development. Council aspires to MIA-held water entitlements remaining in the MIA, especially during dry or drought years, to service a diverse agricultural sector that has an appropriate balance of permanent and annual crops. 3. Council considers that any Plans, including the Murray Darling Basin Plan, need regular review and adjustment, including sensible adjustment of delivery timeframes as new information, new science, new opportunities and new risks come to light. 4. Council only supports interventions that achieve a healthy Basin without impacting the socio-economic wellbeing of communities. Wellbeing must be considered at a whole of community level, not only at the farm gate. 5. Council does not support any further buybacks of productive water and believes any further recovery needs to be associated with infrastructure projects that drive efficiency and water conservation. The cap on buybacks must be maintained and the 450ML ‘upwater’ target must never be pursued outside of the ‘neutrality test’. 6. Council calls for a more strategic, integrated and transparent approach to water management by the Federal and State Governments, as well as local irrigation companies. This includes: • Honouring the principles of
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