MINUTES OF Murray
River Council
Ordinary Council
Meeting
HELD IN THE Tatalia
Room, Upper Level, Rich River Golf Club, 24 Lane, Moama
ON Tuesday, 26
February 2019 AT 6:00PM
PRESENT: Cr Chris Bilkey (Mayor), Cr Gen Campbell (Deputy Mayor), Cr Tony Aquino (Councillor), Cr Nikki Cohen (Councillor), Cr Ann Crowe (Councillor), Cr Neil Gorey (Councillor), Cr Thomas Weyrich (Councillor), Cr Geoff Wise (Councillor)
IN ATTENDANCE: Des Bilske (General Manager), Ross Mallett (Director Corporate Services),), Kerri Keogh (Manager Office of the General Manager), Rosemarie Lewandowski (Administration Officer Project) Courtney Dean (Communications Officer) Glenn Bulmer (Acting Director Development Services) Fred Groenewald (Acting Director Engineering)
1 Acknowledgement of Country
The Mayor opened the meeting with an Acknowledgement of Country.
The Mayor held a short appropriate prayer.
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Resolution 010219 Moved: Cr Gen Campbell Seconded: Cr Nikki Cohen That the apology tendered on behalf of Councillor Alan Mathers be accepted and that leave of absence from the meeting be granted. |
4 Conflict of Interests Declarations
Cr Chris Bilkey declared a Less than significant Non-Pecuniary conflict of interest in relation to item 13.4 – Director of Planning report - Boundary Road planning proposal, due to him being chairman of the Bridge Art Project which is to be established on land adjacent to the land of the subject matter.
Cr Ann Crowe declared a Significant Non-Pecuniary conflict of interest in relation to item 13.7 – Director of Planning report – Notice to issue an order, due to a family member conducting a similar activity.
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5.1 Confirmation of minutes from the Ordinary Council Meeting held 22 January 2019. |
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Resolution 020219 Moved: Cr Tony Aquino Seconded: Cr Neil Gorey That the minutes of the Ordinary Meeting of Murray River Council held on 22 January 2019 be confirmed as a true and correct record. |
At 6:00pm, Cr Ann Crowe left the meeting due to a conflict of interest.
At this stage of the
meeting, being 6:00pm, Todd Gelletly (applicant) made a deputation to
the Council regarding Item 13.7 Notice to Issue an
Order - Development Approval 41/01
Lot 71 & 74 DP 756508 – East Barham Road, Barham NSW of the Director
of Planning and Environment Report - Gelletly Redgum Firewood log
storage.
At this stage of the meeting, being 6:10pm Karl Mathers (on behalf of Kath Mathers – neighbour made a deputation to the Council regarding Item 13.7 Notice to Issue an Order - Development Approval 41/01 Lot 71 & 74 DP 756508 – East Barham Road, Barham NSW of the Director of Planning and Environment Report - Gelletly Redgum Firewood log storage.
At 6.24pm, Cr Ann Crowe returned to the meeting.
Nil
Nil
9 Notices of Motion/Notices of Rescission
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9.1 Notice of Motion - Councillor Attendance at Women in Local Government Forum - Leadership Across the Riverina Murray; and LGNSW Tourism Conference |
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Resolution 030219 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe 1. That Council considers the attendance of Councillors at the Women in Local Government Forum – Leadership Across the Riverina to be held on 13 March 2019 in Wagga Wagga. 2. That Council considers the attendance of Councillors at the Local Government NSW Tourism Conference to be held from 17 to 19 March 2019 in Terrigal NSW. Councillors resolved to separate this into two separate motions .Carried |
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Resolution 040219 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe 1. That Council considers the attendance of Councillors at the Women in Local Government Forum – Leadership Across the Riverina to be held on 13 March 2019 in Wagga Wagga
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Resolution 050219 Moved: Cr Gen Campbell Seconded: Cr Neil Gorey 2. That Council considers the attendance of Councillors at the Local Government NSW Tourism Conference to be held from 17 to 19 March 2019 in Terrigal NSW.
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Resolution 060219 Moved: Cr Geoff Wise Seconded: Cr Tony Aquino That Council be represented at the Women in Local Government Forum – Leadership Across the Riverina to be held on 13 March 2019 in Wagga Wagga by Cr G Campbell and Cr N Cohen. . |
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Resolution 070219 Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino That Council be represented at the Local Government NSW Tourism Conference to be held from 17 to 19 March 2019 in Terrigal NSW by Cr G Campbell. |
10 General Manager’s Report & Supplementary Matters
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Resolution 080219 Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino That Council receives and notes the status of previous resolutions of Council on both manual and INFOCOUNCIL Resolution tracker reports. |
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Resolution 090219 Moved: Cr Gen Campbell Seconded: Cr Neil Gorey That Council reschedule council meetings from daytime to evening meetings and advertise the new schedule.
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10.3 Proposed Change of Date for April Ordinary Meeting of Council |
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Resolution 100219 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe That Council approve a change of date for the April Ordinary meeting of Council from 23 April 2019 to 16 April 2019 due to Easter and Anzac Day falling within the same week of the Council meeting. |
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Resolution 110219 Moved: Cr Neil Gorey Seconded: Cr Thomas Weyrich That Council: 1. Request the General Manager write a letter of complaint to the ABC highlighting the negative impact that episode 1 of Series 2 of the Get Krackin program may have on visitation to Echuca Moama at a time when our community is relying heavily on tourism to underpin our local economy during the current drought. 2. Develop a policy and procedure to ensure, as far as possible, that program content filmed within the Murray River Council LGA that depicts or refers to our communities does not offend, demean or cause affront. |
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10.5 MURRAY RIVER COUNCIL COMMUNITY GRANTS PROGRAM – APPOINTMENT OF ASSESSMENT PANEL |
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Resolution 120219 Moved: Cr Gen Campbell Seconded: Cr Thomas Weyrich That Council: 1. Endorses the General Manager, or his nominee, as a member of the Murray River Council Community Grants Program Assessment Panel. 2. Appoints three (3) Councillors to the Murray River Council Community Grants Program Assessment Panel.
Council agreed to seperate this into two separate motions .Carried |
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Resolution 130219 Moved: Cr Gen Campbell Seconded: Cr Thomas Weyrich That Council: 1. Endorses the General Manager, or his nominee, as a member of the Murray River Council Community Grants Program Assessment Panel.
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Resolution 140219 Moved: Cr Thomas Weyrich Seconded: Cr Gen Campbell 2. Appoints three (3) Councillors to the Murray River Council Community Grants Program Assessment Panel.
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Resolution 150219 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe That Council approve one current member of the Murray River Council Community Grants Program Assessment panel to remain on the panel and two new members to be nominated. A representative from each ward is to remain. Cr N Cohen to remain on the panel, Cr A Aquino to replace Cr T Weyrich and Cr A Crowe to replace Cr N Gorey. |
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Resolution 160219 Moved: Cr Thomas Weyrich Seconded: Cr Tony Aquino That Council request the event organiser to apply for funding under the next round of Council’s Community Grants Program as per Council’s Community Financial Assistance Policy (POL109). |
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Resolution 170219 Moved: Cr Geoff Wise Seconded: Cr Tony Aquino That Council: 1. Consider the funding request from Echuca Moama Apex; 2. Approve $3,000 grant funding to the Echuca Moama Apex Gift from the 2018/2019 Quick Response Grant Program; and 3. Determine that grant funding provided is not to be used for prize money. |
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10.8 RESUMPTION OF SUPPORT FOR MURRAY REGIONAL TOURISM AND ECHUCA MOAMA TOURISM. |
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Resolution 180219 Moved: Cr Thomas Weyrich Seconded: Cr Ann Crowe That Council resolve to; 1. Lift the temporary suspension on contributions to Echuca Moama Tourism and Murray Regional Tourism effective immediately. |
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Resolution 190219 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe That Council resolves to receive and note the contents of the Economic Development and Tourism Monthly report for January 2019. |
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Resolution 200219 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe That council receive and note the report updating information to the end of January 2019 on the Australian Darts Open Tournament proposed for 29 July to 10 August 2019.
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Resolution 210219 Moved: Cr Neil Gorey Seconded: Cr Ann Crowe That council resolves to; 1. Terminate the two Agreements (MOU’s) signed on 24 August 2018 between Murray River Council and ZSS & Partners Pty Ltd in accordance with clause 8.1.2 of the agreement. 2. Continue to work with ZSS & Partners Pty Ltd in a non-exclusive non-binding arrangement. |
11 Director Corporate Services Report & Supplementary Matters
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Corporate Services update report for January 2019 is provided for information only.
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Resolution 220219 Moved: Cr Gen Campbell Seconded: Cr Nikki Cohen That Council approve the draft 2019/20 Budget timetable and Public Notice. |
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11.3 FINANCIAL
STATEMENTS & INVESTMENTS AS AT |
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Resolution 230219 Moved: Cr Geoff Wise Seconded: Cr Ann Crowe 1. That the report detailing Council’s cashbook balance of $56,044,413.32 as at 31st January 2019 is received. 2. That the report detailing Council’s investment balance of $52,963,790.65 as at 31st January 2019 is received. .
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Resolution 240219 Moved: Cr Neil Gorey Seconded: Cr Nikki Cohen That Council authorise the General Manager to sell council properties located at 38 Linton Park Drive, Barham and 26 Turora Street, Moulamein being properties in excess of council’s requirements. |
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Resolution 250219 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen 1. That the report on the Quarterly Budget Review be received and noted.
2. That the budget variations as detailed within the report be included in Council’s estimates of income and expenditure for 2018/2019 |
12 Director Engineering Report & Supplementary Matters
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12.1 STRONGER COUNTRY COMMUNITIES FUND - MOULAMEIN SWIMMING POOL PROJECT |
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Resolution 260219 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen That Council 1. note the $14,097.33 variation to the Moulamein Swimming Pool Project; 2. authorise the additional funds to be sourced from general reserves. |
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Resolution 270219 Moved: Cr Gen Campbell Seconded: Cr Tony Aquino That Council adopt the Murray River Council Graffiti Policy.
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Resolution 280219 Moved: Cr Nikki Cohen Seconded: Cr Geoff Wise That Murray River Council approve the Moama Mid-West Drainage Strategy for community consultation. |
13 Director Planning & Environment Report & Supplementary Matters
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The Environmental Services report for January 2019 is provided for information only.
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13.2 Stronger Community Fund - Major Projects: Mensforth Park Tooleybuc |
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Resolution 290219 Moved: Cr Ann Crowe Seconded: Cr Nikki Cohen That Council adopt the proposed development plan for Mensforth Park, Tooleybuc. |
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Resolution 300219 Moved: Cr Tony Aquino Seconded: Cr Nikki Cohen That Development Application 040/18 for a 37 Lot Residential Subdivision at Lot 1-17, 19 & 20, DP702257 and Lot 1, DP1204160 (Warren and Holmes Street, Moama) be approved, subject to the conditions of consent, as referred to in the report. In Favour: Crs Chris Bilkey, Tony Aquino, Nikki Cohen, Ann Crowe, Neil Gorey, Thomas Weyrich and Geoff Wise Against: Cr Gen Campbell carried 7/1 |
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At 7:20 pm, Cr Chris Bilkey left the meeting due to a conflict of interest. Cr Gen Campbell took the chair for item 13.4 |
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Resolution 310219 Moved: Cr Geoff Wise Seconded: Cr Tony Aquino 1. That the Council endorse the amended Planning Proposal to rezone Part Lot 52 DP 1220883, Boundary Road, Moama from E3 Environmental Zone to R2 Low Density. 2. That Council refer the amended Planning Proposal to Rezone Lot 52 DP 1220883, Boundary Road, Moama to the Department of Planning & Environment requesting an amended Gateway Determination be issued. 3. That the Council approve undertaking all applicable tasks required by an amended Gateway Determination to progress this LEP amendment to completion. 4. That staff provide progress reports to Council during the amendment process. In Favour: Crs Tony Aquino, Nikki Cohen, Ann Crowe, Neil Gorey and Geoff Wise Against: Crs Gen Campbell and Thomas Weyrich carried 5/2
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At 7:33 pm, Cr Chris Bilkey returned to the meeting and took the Chair . |
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13.5 Changes to the Wakool Development Control Plan 2013 - Clause A.4.5 River Structures and Boating Facilities |
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Resolution 320219 Moved: Cr Neil Gorey Seconded: Cr Ann Crowe That Council amend the Wakool Development Control Plan 2013 to permit Council owned public infrastructure within the mooring exclusion zones within Barham, Tooleybuc and Moulamein where attached to land owned or managed by Council. In Favour: Crs Chris Bilkey, Gen Campbell, Tony Aquino, Nikki Cohen, Ann Crowe, Neil Gorey, Thomas Weyrich and Geoff Wise Against: Nil carried 8/0 |
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13.6 Stronger Communites Fund (Major Projects) - Moama Recreation Reserve Multi Purpose Pavilion |
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Resolution 330219 Moved: Cr Gen Campbell Seconded: Cr Nikki Cohen That Council endorse the preliminary concept for the proposed pavilion to be designed and erected at the Moama Recreation Reserve under the Stronger Communities Fund (Major Projects) program. In Favour: Crs Chris Bilkey, Gen Campbell, Tony Aquino, Nikki Cohen, Ann Crowe, Neil Gorey, Thomas Weyrich and Geoff Wise Against: Nil carried 8/0 |
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At 7:36 pm, Cr Ann Crowe left the meeting due to a conflict of interest . |
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13.7 Notice to Issue
an Order - Development Approval 41/01 |
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Resolution 340219 Moved: Cr Thomas Weyrich Seconded: Cr Neil Gorey 1. That Council not permit Gelletly Redgum Firewood store logs on Lot 109 DP1151560, 641 East Barham Road, Barham as development approval is required for such a land use and no development approval has been obtained. 2. That Council require a development application to be submitted for consideration for the storing of logs at Lot 109 DP1151560, 641 East Barham Road, Barham. 3. That Council proceed with the issuing of the Order to ensure compliance with Development Approval 041/01 Council resolved to separate these items into three sections. Carried |
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Moved: Cr Thomas Weyrich Seconded: Cr Nikki Cohen 1. That Council not permit Gelletly Redgum Firewood store logs on Lot 109 DP1151560, 641 East Barham Road, Barham as development approval is required for such a land use and no development approval has been obtained. COUNCILLORS DID NOT VOTE ON THIS motion THEREFORE IT WAS lost
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Moved: Cr Gen Campbell Seconded: Cr Neil Gorey That Council require a development application to be submitted for consideration for the storing of logs at Lot 109 DP1151560, 641 East Barham Road, Barham.
COUNCILLORS DID NOT VOTE ON THIS motion THEREFORE IT WAS lost
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Moved: Cr Gen Campbell Seconded: Cr Neil Gorey That Council proceed with the issuing of the Order to ensure compliance with Development Approval 041/01 COUNCILLORS DID NOT VOTE ON THIS motion THEREFORE IT WAS lost
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Resolution 350219 Moved: Cr Gen Campbell Seconded: Cr Neil Gorey That Council fast track a development application to be submitted for consideration for the storing of logs at Lot 109 DP1151560, 641 East Barham Road, Barham. In Favour: Crs Gen Campbell, Tony Aquino, Nikki Cohen, Neil Gorey, Thomas Weyrich and Geoff Wise Against: Cr Chris Bilkey carried 6/1
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At 8:00pm, Cr Ann Crowe returned to the meeting.
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13.8 Planning Proposal (PP_2018_MRIVE_001_00) to amend the Murray Local Environmental Plan 2011 - Insert 'public adminstration building' as additional permitted use on Moama Recreation Reserve |
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Resolution 360219 Moved: Cr Gen Campbell Seconded: Cr Geoff Wise That Council proceed with the next stage of the Planning Proposal 1. That Council undertake the necessary tasks to obtain Parliamentary Counsel Opinion (PCO) and request drafting of the new Murray Local Environmental Plan 2011 (Murray LEP 2011) (a) Council undertake the necessary tasks to finalise the amended Murray LEP 2011 in accordance with PP_2018_MRIVE_001_00 In Favour: Crs Chris Bilkey, Gen Campbell, Tony Aquino, Nikki Cohen, Ann Crowe, Neil Gorey, Alan Mathers, Thomas Weyrich and Geoff Wise Against: Nil carried 9/0
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That Council support the creation of a Planning Proposal seeking to reclassify Part Lot 57 DP 1045248, River Gums Drive, Moama from Community Land to Operational land for the purposes of residential subdivision and associated park land. 1. That Planning Staff create a Planning Proposal to reclassify Part Lot 57 DP 1045248, River Gums Drive, Moama from Community Land to Operational 2. That Planning Staff and Engineering staff create a concept subdivision design to facilitate a practical and serviceable use of the subject lot, and incorporate the design into the Planning Proposal. 3. That the final Planning Proposal be submitted to Council at a future meeting for consideration. The motion was lost for want of a mover and seconder. |
Nil
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Resolution 370219 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe That the Correspondence report be received by Council. Carried |
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Resolution 380219 Moved: Cr Nikki Cohen Seconded: Cr Ann Crowe That the Sundry Delegates Reports of the Mayor and Councillors be received by the Council and reasonable out of pocket expenses be met by Council. Cr A Crowe presented her February report at the meeting. Cr Cohen and Cr Wise wish to have it noted that they could not attend the Bridge Arts meeting as per their reports. Cr Bilkey wished to have it noted that due to unforeseen circumstances he was unable to attend the 100th birthday celebrations for the ladies at Southern Cross Home.
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Resolution 390219 Moved: Cr Thomas Weyrich Seconded: Cr Nikki Cohen That as provided in the Local Government Act 1993, Section 10A(2): Subsection - c and f, and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, the Council move into Committee of the Whole at 8.05pm. |
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Resolution 400219 Moved: Cr Gen Campbell Seconded: Cr Nikki Cohen That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993: 10.9 Economic development and tourism report attachment That Council resolves to receive and note the contents of the Economic Development and Tourism Monthly report for January 2019.
17.1 Moama Waste Management Facility – Account Customer This matter is considered to be confidential under Section 10A(2) - c of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 17.2 Stronger Country Communities Fund (Round 1) - Tooleybuc Recreation Reserve Amenities Building This matter is considered to be confidential under Section 10A(2) - c of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 17.3 Reallocation of budgeted capital expenditure for critical building asset works This matter is considered to be confidential under Section 10A(2) - f of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property. |
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Resolution 410219 Moved: Cr Neil Gorey Seconded: Cr Geoff Wise
That Council moves out of Closed Council into Open Council. |
NIL
THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 8:17pm
The next Ordinary Meeting of Murray River Council will be held on Tuesday 26 March 2019, commencing at 1:00PM, in Tatalia Room, Upper Level,, Rich River Golf Club, 24 Lane, Moama.
THESE MINUTES ARE SIGNED AS A TRUE AND ACCURATE RECORD OF THE PROCEEDINGS OF THE ORDINARY MEETING OF THE MURRAY RIVER COUNCIL HELD ON 26 February 2019, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 26 March 2019.
MAYOR