supplementary business paper - forbes shire … shire council ordinary business paper – page 5...

SUPPLEMENTARY

BUSINESS

PAPER

19 February 2015

Council’s Vision

A prosperous rural community where residents and visitors enjoy a clean, safe environment enhanced by our unique

heritage and country lifestyle

Council’s Mission

For the whole community to grow and prosper through effective leadership, provision of sustainable services and

promotion of economic development opportunities

FORBES SHIRE COUNCIL

ORDINARY BUSINESS PAPER –

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TABLE OF CONTENTS

GENERAL MANAGER’S SUPPLEMENTARY REPORT TO COUNCIL – PART I .............................................. 5

CLAUSE 1 – POTENTIAL OPPORTUNITY TO IMPROVE MOBILE PHONE AND WIRELESS

BROADBAND SERVICES IN THE FORBES SHIRE .............................................................................................. 5

DIRECTOR CORPORATE SERVICES SUPPLEMENTARY REPORT TO COUNCIL - PART I ....................... 7

CLAUSE 1 – PROPOSED LAND ACQUISITION – NORTHERN BYPASS ......................................................... 7 CLAUSE 2 – FIT FOR THE FUTURE ........................................................................................................................ 8

PUBLIC ACCESS TO COUNCIL MEETINGS .......................................................................................................... 14

CONTENTS OF CONFIDENTIAL BUSINESS PAPER ........................................................................................... 15



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GENERAL MANAGER’S

SUPPLEMENTARY REPORT TO

COUNCIL

PART I



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GENERAL MANAGER’S SUPPLEMENTARY REPORT TO

COUNCIL – PART I

CLAUSE 1 – POTENTIAL OPPORTUNITY TO IMPROVE MOBILE PHONE

AND WIRELESS BROADBAND SERVICES IN THE FORBES SHIRE

Further to my Part I business paper report submitted last week I was advised by Mr Ted Morgan on Friday that he and his communications consultant have now spoken to all 3 Mobile network operators. Mr Morgan advised that it has become evident that further a cash contribution will need to be committed by Council for the project to give the project the best chance of success. Mr Morgan has suggested a contribution of $20,000 in addition to the in kind track access upgrade detailed in the business paper.

ADCS Comment: This additional amount could be funded from the economic development budget. This amount will deplete the amount in the allocation for this financial year. Given we are in the final quarter of this year and no incentives claims have been made on the economic development budget to date this further amount could be funded from the economic development budget.

RECOMMENDATION For Council’s consideration.

Brian Steffen GENERAL MANAGER



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DIRECTOR CORPORATE SERVICES

SUPPLEMENTARY REPORT TO

COUNCIL

PART I



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DIRECTOR CORPORATE SERVICES SUPPLEMENTARY REPORT

TO COUNCIL - PART I

CLAUSE 1 – PROPOSED LAND ACQUISITION – NORTHERN BYPASS

-In May 2011, Council resolved to acquire portions of freehold land along Limestone, Lima and Daroobalgie Roads for the Northern Bypass project. There are 13 properties affected, owned by four different parties – the properties are:

Lots 403, 404, 405, 406, PT684 & PT48 DP750158;

Lots 29 & 446 DP750158;

Lot 1 DP610256;

Lots 399, 400, 401 and 402 DP750158. The resolution authorised Council to acquire the land through a Plan of Subdivision and compulsory acquisition via the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (the Act). On advice from its solicitor, and with consent of the freehold owners, Council has proceeded acquiring the land via section 30 of the Act that allows for acquisition with agreement of the owner and the registration of a Plan of Acquisition. This change is purely to make administration of the acquisition more efficient. As a result of this change a new resolution is required to comply with statutory requirements.

RECOMMENDATION That Council: i). approve the acquisition of Lots 403, 404, 405, 406, PT684 & PT48

DP750158; Lots 29 & 446 DP750158; Lot 1 DP610256 and Lots 399, 400, 401 & 402 DP750158 (the Land) pursuant to sections 177 and 178 of the Roads Act 1993 (NSW) for the purpose of creation of a public road;

ii). authorise the General Manager to submit an application for Plan of

Acquisition for the Land; iii). authorise the General Manager to negotiate compensation for the Land

based on independent market valuation reports; iv). delegate to the Mayor and General Manager to execute the necessary

documents required for the acquisition of the Land and, if required, authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager;

v). approve the making of an application to the Governor for the

publication of an acquisition notice in the Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land; and

vi). dedicate the acquired land as operational.



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DIRECTOR CORPORATE SERVICES SUPPLEMENTARY REPORT TO COUNCIL – PART I cont’d

CLAUSE 2 – FIT FOR THE FUTURE

Further to my report submitted to the main business paper – Clause 13: Fit For the Future. It has been identified the three attachments referred to in this report were not included. Accordingly, please refer to Appendix 1-3 for your information.

RECOMMENDATION That Council receive and note the information.

Amity Howe DIRECTOR CORPORATE SERVICES



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APPENDIX 1 RP/JCC 15 December 2014 Mr Mark Liebich Mayor Weddin Shire Council Po Box 125 GRENFELL NSW 2810 Dear Mark I write in regards to the Fit for the Future Local Government reforms and the preparation of our prospective submissions. As you are aware the Independent Panel Report to government recommended a merge between Forbes Shire and Weddin Shire Councils. The response from the NSW government is that Councils are required to submit to the Minister how they will become Fit for the Future taking into consideration the Independent Panel’s recommendations. Forbes Shire Council officers have commenced preparation of a submission and Council has resolved to write to you to gauge your interest in participating in an independently facilitated discussion regarding the opportunities for our communities from these reforms. It is with this in mind that I suggest a meeting between ourselves, our Deputy Mayors and our General Managers early in the New Year. I understand the Office of Local Government has retained professional facilitators for such a discussion between councils and if you think a facilitated discussion would be worthwhile then perhaps your General Manager and our General Manager could make the arrangements. I look forward to hearing from you to commence discussions that prove positive for both our communities. I would also like to take this opportunity to wish you all a very Merry Christmas and a Happy New Year. Yours faithfully Cr Ron Penny MAYOR



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APPENDIX 2



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APPENDIX 3 RP/JCC 15 December 2014 Councillor Michael Hayes Mayor Cabonne Shire Council PO Box 17 MOLONG NSW 2866 Dear Michael I am writing to you with regard to the Fit for the Future Local Government Reforms and to advise that Forbes Shire Council has received representations from the ”Eugowra Steering Committee for Shire Boundary Change” communicating the committees’ support for Eugowra to become part of the Forbes Local Government area. I have also received a copy of a letter to the Steering Committee from the Minister for Local Government encouraging the Committee to make its views known to both Cabonne and Forbes Shire Council. I have attached a copy of this letter for your information. As we are both aware some members of the Eugowra community have been quite vocal about a shire boundary adjustment to incorporate the Eugowra community within the Forbes Shire. We also both know it is important as elected officials that our community needs and views are taken into account for any proposed changes during the reform process; and it is with this in mind that I suggest a meeting between ourselves, our Deputy Mayors and our General Managers early in the New Year. I understand the Office of Local Government has retained professional facilitators for such a discussion between councils and if you think a facilitated discussion would be worthwhile, then perhaps your General Manager and our General Manager could make the arrangements. I look forward to hearing from you to commence discussions that prove positive for both our communities. I would also like to take this opportunity to wish you all a very Merry Christmas and a Happy New Year. Yours faithfully Cr Ron Penny MAYOR



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PUBLIC ACCESS TO COUNCIL MEETINGS

In accordance with the provisions of the Local Government Act 1993 and Local Government (General) Regulations 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. In accordance with Section 10A of the Local Government Act 1993 - Which parts of a meeting can be closed to the public? S10A Which parts of a meeting can be closed to the public? (1). A Council, or a committee of the Council of which all the members are councillors, may

close to the public so much of its meeting as comprises:

(a). the discussion of any of the matters listed in subclause (2), or (b). the receipt or discussion of any of the information so listed;

(2). The matters and information are the following:

(a). personnel matters concerning particular individuals (other than Councillors); (b). the personal hardship of any resident or ratepayer, (c). information that would, if disclosed, confer a commercial advantage on a person

with whom the Council is conducting (or proposes to conduct) business; (d). commercial information or a confidential nature that would, if disclosed:-

i). prejudice the commercial position of the person who supplied it, or; ii). confer a commercial advantage on a competitor of the Council, or; iii). reveal a trade secret.

(e). information that would, if disclosed, prejudice the maintenance of law; (f). matters affecting the security of the Council, Councillors, Council staff or Council

property; (g). advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege; (h). information concerning the nature and location of a place or an item of Aboriginal

significance on community land. (i). alleged contraventions of any code of conduct requirements applicable under

section 440.

(3). A Council, or a committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

(4). A Council, or a committee of a Council, may allow members of the public to make

representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.



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CONTENTS OF CONFIDENTIAL BUSINESS PAPER

For the information of the public Council now advises that the following business, in part or in whole, is contained in the Confidential Business Paper which will be dealt with at today’s meeting. The reason the particular matter is included in the Confidential Business Paper is stated following the description of the item of business. DIRECTOR TOURISM, COMMUNITY & CULTURAL DEVELOPMENT Clause 1 – Medical Centre Extensions (2). The matters and information are the following:

(c). information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

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