AGENDA

 

Ordinary Council Meeting

Tuesday, 16 April 2019

I hereby give notice that an Ordinary Meeting of Murray River Council will be held on:

Date:

Tuesday, 16 April 2019

Time:

6:00pm

Location:

Tatalia Room (Upper Level)

Rich River Golf Club

24 Lane, Moama

 

 

 

 

 

 

24 Lane

Moama

Des Bilske

General Manager

 


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

Order Of Business

1          Acknowledgement of Country. 5

2          Opening Prayer. 5

3          Leave of Absence/Apologies. 5

4          Conflict of Interests Declarations. 5

5          Confirmation of Minutes. 6

5.1            Confirmation of minutes from the Ordinary Council Meeting held 26 March 2019. 6

6          Deputations. 17

7          Mayoral Minute. 17

Nil

8          Standing Committee Reports. 17

Nil

9          Notices of Motion/Notices of Rescission. 17

Nil

10       General Manager’s Report & Supplementary Matters. 18

10.1          Council's Resolution Tracker 18

10.2          Economic Development and Tourism monthly report 54

10.3          Sale of Lot 11, Gove Drive, Moama Business Park. 56

10.4          Murray River Council Financial Assistance Program Framework - Revised. 60

10.5          LGNSW Tourism Conference. 74

10.6          Murray River Capacity and Capability Assessment Report 88

10.7          Waver of Hire Fee - Moama Sports Pavilion. 90

10.8          Adoption of Murray River Council Code of Conduct 94

10.9          Adoption of Murray River Council Code of Meeting Practice. 97

11       Director Corporate Services Report & Supplementary Matters. 101

11.1          FINAL ADOPTION OF RELATED PARTY DISCLOSURES POLICY. 101

11.2          Corporate Services Update. 121

11.3          Financial Statements & Investments as at 31 March 2019. 126

11.4          Customer Service Charter 132

12       Director Engineering Report & Supplementary Matters. 135

12.1          Closed Circuit Television (CCTV) Policy and Code of Practice. 135

12.2          Request to Council for use of the Common Seal of Murray River Council to complete amendment deed to contract with Roads and Maritime Services. 151

13       Director Planning & Environment Report & Supplementary Matters. 161

13.1          Environmental Services Report 161

14       Questions on Notice. 167

Nil

15       Correspondence Report 168

15.1          Correspondence Report 168

16       Sundry Delegates Report 186

16.1          Sundry Delegates Report 186

17       Confidential Reports. 192

17.1          Sale of Lots 34 - 43 Moama Business Park - Amendment 192

18       Notice of Urgent Business. 193

19       Close of Meeting. 193

 

 


1            Acknowledgement of Country

2            Opening Prayer

3            Leave of Absence/Apologies

4            Conflict of Interests Declarations


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

5            Confirmation of Minutes

5.1         Confirmation of minutes from the Ordinary Council Meeting held 26 March 2019.

File Number:           -

Author:                    Rosemarie Lewandowski, Administration Officer Project

Authoriser:             Des Bilske, General Manager

 

Recommendation

That the minutes of the Ordinary Meeting of Murray River Council held on 26 March 2019 be confirmed as a true and correct record.

 

Discussion

Murray River Council held its Ordinary Meeting of Council on Tuesday 26 March 2019 commencing at 6:00pm in The Venue, Moama Bowling Club 6 Shaw Street Moama.

A copy of the draft minutes are attached for ratification by the Council at this meeting.

Attachments

1.       Ordinary meeting of Council_26 March 2019_MINUTES_DRAFT

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

6            Deputations

7            Mayoral Minute

Nil

8            Standing Committee Reports

Nil

9            Notices of Motion/Notices of Rescission

Nil


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10          General Manager’s Report & Supplementary Matters

10.1       Council's Resolution Tracker

File Number:           -

Author:                    Rosemarie Lewandowski, Administration Officer Project

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council receives and notes the status of previous resolutions of Council on both manual and INFOCOUNCIL Resolution tracker reports.

 

Background

The Council Resolutions Tracker has been prepared to allow Councillors to review the status of their decisions (resolutions) at Council Meetings.

The manual Tracker comprises two (2) lists – ‘active’ and ‘completed’ and includes all resolutions from the previous meetings of the Council that require action. The resolutions that are reported by Council’s officers as complete will drop off the ‘active’ list and be captured on the ‘completed’ list.

The Resolutions Tracker from INFOCOUNCIL is attached along with the previous manually generated Tracker which will be archived once all resolutions on it have been completed.

Discussion

For Council information.

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.1 - An effective, efficient and progressive Council that provides leadership to the community

5.1.1 - Council decision making takes into account the needs and priorities of our local communities and the longer term social, cultural, economic and environmental viability and sustainability of our region

Budgetary Implications

Nil.

Policy Implications

Nil.

Legislative Implications

Nil.

Risk Analysis

·        What can happen? Directors and or staff do not follow up on the resolutions.

·        How can it happen? Resolutions being overlooked or misplaced

·        What are the consequences of the event happening? Resolutions not being completed in a timely manner

·        What is the likelihood of the event happening? Low

·        Adequacy of existing controls? Executive assistant and Admin assistant email the resolutions to Council Officers for actioning.  EA and AA follow up with reminders to Council Officers for completion of resolutions.

·        Treatment options to mitigate the risk? Due diligence undertaken by administration and Council Officers

Conclusion

The Council Resolutions Tracker has been prepared to allow Councillors to review the status of their decisions (resolutions). The Tracker was introduced in September 2018 and includes all resolutions made by Council after that period that require action. The resolutions that are reported by Council’s officers as complete will drop off the manual ‘active’ list and be captured on the ‘completed’ list.

The INFOCOUNCIL list will contain both active and completed actions for a period of three months. This process will take place for every Council Meeting.

 

Attachments

1.       INFOCOUNCIL Resolution Tracker_20190408

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.2       Economic Development and Tourism monthly report

File Number:           -

Author:                    John Harvie, Manager Economic Development & Tourism

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council resolves to receive and note the contents of the Economic Development and Tourism Monthly report for March 2019.

 

 

Background

The report has been prepared to keep councillors up to date with the status of projects and activities within the Economic Development and Tourism portfolio.

Discussion

For councillors information

Strategic Implications

4 - Strategic Theme 4: Economic Growth

4.1 - Encourage and support economic development across a range of sectors

4.1.3 - Identify new opportunities and actively encourage investment in agriculture, agribusiness, value added manufacturing, alternate and renewable energy, health, wellbeing, aged care, and education

Budgetary Implications

Nil

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

Nil

·        How can it happen?

NA

·        What are the consequences of the event happening?

NA

·        What is the likelihood of the event happening?

NA

·        Adequacy of existing controls?

NA

·        Treatment options to mitigate the risk?

NA

Conclusion

It is important that council is kept informed about projects and activities in the economic development and tourism portfolio

Attachments

1.       Economic Development & Tourism Monthly Report - Confidential  

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.3       Sale of Lot 11, Gove Drive, Moama Business Park

File Number:           -

Author:                    John Harvie, Manager Economic Development & Tourism

Authoriser:             Des Bilske, General Manager

 

Recommendation

That council resolves to;

1.       Sell Lot 11 Gove Drive, Moama Business Park, Moama NSW 2731, to the purchaser at the list price of $136,000 including GST on the following terms and conditions;

a)   30% down payment on signing of Contract.

b)   Balance to be repaid over a maximum period of three (3) years.

c)   Maximum instalment repayment period of each six (6) months.

d)   Interest rate to be as follows:

          ii. Payment in excess of 18 months and under three (3) years - 2% above

            Council’s current investment rate.

e)   Interest rate to be reviewed each 12 months and above criteria applied.

f)    Murray River Council to retain first Mortgage over the property as collateral.

g)   Purchaser to pay all costs associated with the Mortgage.

h)   Murray River Council authorise Mortgage documents relating to such purchaser to be completed under the Common Seal of Council.

i)    Late payment of instalments attracts an additional 2% penalty interest on total outstanding amounts.

j)    If purchase is on terms and not developed within two (2) years, Murray

  River Council retains the right to purchase the block back at original price.

2.       Approve the execution of legal documents under the common seal of council.

 

 

Background

Council has land available for purchase and development at Moama Business Park, Cobb Highway, Moama. NSW. 2731.

Discussion

An offer has been received to purchase Lot 11 Gove Drive in Moama Business Park. The purchaser is willing to pay the asking price, $136,000, for the 3874m2 lot.

Strategic Implications

4 - Strategic Theme 4: Economic Growth

4.1 - Encourage and support economic development across a range of sectors

4.1.2 - Support the local business sector to grow, adapt and respond to new opportunities

Budgetary Implications

Nil

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

Nil

·        How can it happen?

NA

·        What are the consequences of the event happening?

NA             

·        What is the likelihood of the event happening?

NA

·        Adequacy of existing controls?

NA

·        Treatment options to mitigate the risk?

NA

Conclusion

Murray River Council encourages industry development as a means to maintain population growth and stimulate local and regional economies through jobs growth. Making suitable industrial land available for development was a request that was made at all recent Economic Development Strategic Planning Forums, by members of our communities

Attachments

1.       Moama Business Park - Land Available For Sale

2.       Moama Business Park Current Price List

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.4       Murray River Council Financial Assistance Program Framework - Revised

File Number:           -

Author:                    John Harvie, Manager Economic Development & Tourism

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council amends the Murray River Council Financial Assistance Program Framework by removing the  following words from page two of the document under the heading ‘Annual Allocations’;

are co-funded by state or federal departments and which‘.

 

Background

Councils Financial Assistance Program Framework Document, under ‘Annual Allocations’ states;

‘The annual allocations category provides a council contribution to the funding of annual celebrations and events and programs that are co-funded by state or federal departments and which support community-strengthening initiatives or improve the quality of life of Murray River residents’.

Discussion

In reviewing the recipients of ‘Annual Allocations’ it is clear that not all of the allocations are co-funded by state or federal departments and, in fact, it is not council’s intention that all ‘annual allocations’ are to be co-funded.

It is therefore recommended that the following words be removed from the above paragraph; ‘are co-funded by state or federal departments and which‘.

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.1 - An effective, efficient and progressive Council that provides leadership to the community

5.1.1 - Council decision making takes into account the needs and priorities of our local communities and the longer term social, cultural, economic and environmental viability and sustainability of our region

Budgetary Implications

NIL

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

NIL

·        How can it happen?

NA

·        What are the consequences of the event happening?

NA

·        What is the likelihood of the event happening?

NA

·        Adequacy of existing controls?

NA

·        Treatment options to mitigate the risk?

NA

Conclusion

It is important that council policies and supporting documents accurately reflect and direct council’s intentions.

Attachments

1.       MRC Financial Assistance Program Framework showing revision

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.5       LGNSW Tourism Conference

File Number:           -

Author:                    John Harvie, Manager Economic Development & Tourism

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council receives the report from the Manager Economic Development and Tourism on attendance at the LG NSW Tourism Conference 2019.

 

 

Background

Councils Economic Development & Tourism Manager attended the LG NSW Tourism Conference in Terrigal, NSW held from Sunday 17 March until Tuesday 19 March 2019.

The theme of the conference was ‘Experience Changes Perception’ indicating that by experiencing a destination often, if not always, changes a visitors previously held perception of the destination.

Discussion

I found the pre-conference Australian Visitor Information Centre (AVIC) Summit extremely informative however the conference itself was just ok producing a few gold nuggets but I found the program to be disappointing as the delivery fell well short of my expectations.

The event was a good familiarisation of the Central Coast and a platform for organisations and councils to showcase projects but there was little substance that could be used to good effect by MRC.

The Gold Nuggets included;

1.   Investing in Infrastructure – This was presented by Central Coast Council and outlined how council freed up money within its budget to invest in recreational facilities just by reviewing and altering service levels and asset condition ratings. This project freed up $28m to invest in recreational infrastructure such as shared pathways, international standard skateboard park, BMX track, boat ramps and new stadiums.

2.   A system for servicing visitors in small rural villages. This system has been pioneered in South Australia, where they have been formally approved and are identified with a white i, and provides for Visitor Information Outlets (VIO). These are not currently approved in NSW but we could introduce them as a local initiative to provide a greater level of visitor servicing in our smaller destinations and visitor hotspots.

3.   Another nugget was the case study on ‘The Flavours of Mudgee’ event that is staged by the Mid-Western Council tourism team. The event is presented over four hours, in the evening, is self-funding and attracts 10,000 people including 5000 overnight visitors. The MRC team will be looking for opportunities to implement this simple but effective model.

 

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.4 - Develop and pursue advocacy on behalf of the community

5.4.2 - Identify opportunities to partner with other organisations or agencies to increase advocacy effectiveness and positive outcomes for the community

Budgetary Implications

NIL

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

NIL

·        How can it happen?

NA

·        What are the consequences of the event happening?

NA

·        What is the likelihood of the event happening?

NA

·        Adequacy of existing controls?

NA

·        Treatment options to mitigate the risk?

NA

Conclusion

I would like to thank the General Manager and council for enabling me to attend the conference. I would not recommend future attendance unless the program focussed more on current issues facing regional councils in relation to visitor servicing, destination marketing and innovation in tourism.

I would like however, to apply to host the conference in Echuca Moama at a future date and have input to developing the program and focussing on implementable outcomes.

Attachments

1.       LG NSW Tourism Conference 2019 - Program

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.6       Murray River Capacity and Capability Assessment Report

File Number:           -

Author:                    John Harvie, Manager Economic Development & Tourism

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council receive and note the Capacity and Capability Assessment Report prepared by Sport Marketing Australia on Murray River Council.

 

 

Background

Council, at its monthly meeting held on 21 August, 2018 resolved as follows;

1.       To join the Events Placement Program operated by Sports Marketing Australia

2.       To ask Sports Marketing Australia to undertake a Capacity and Capability

Assessment of event venues and organisations within the Murray River Council local government area.

3.       To allocate $27,500 from Council reserves to fund the Capacity and Capability

Assessment.

4.       To invite Rick Sleeman, Managing Director of Sports Marketing Australia, to address a future Council workshop.

 

Since that time Sports Marketing Australia have conducted an extensive and thorough review of councils sporting facilities and venues and have compiled the attached report.

Discussion

The report identifies the capacity and capability of local organisations and sporting clubs to host, present and manage local, regional, state or national events. The report also evaluates council and some private facilities and venues and ranks them in terms of suitability to host local, regional, state or national events.

Sports Marketing Australia use this report to identify suitable events to target as part of the ‘Events Placement Program’.

Council has already received offers to host a number of events including;

1.   Professional Bull Riding Event, Moama Recreation Reserve.

2.   UCI, Mountain Bike Event, Five Mile Moama.

3.   National Basketball Match, Illawarra Hawkes v’s South East Melbourne Magic.

4.   Under Armour, Soccer Coaching Clinic, Moama Recreation Reserve.

Sports Marketing Australia fee for each event offered is $2,000 and some additional costs apply to some events. Those additional costs can sometimes be covered through sponsorship.

The report can also be used by council to identify and prioritise future improvements to council sporting facilities and venues which in turn may enable reclassification of the facility in relation to the level of event that can be hosted.

Strategic Implications

4 - Strategic Theme 4: Economic Growth

4.2 - Continue focus on strong and vibrant tourism

4.2.3 - Promote and encourage local, state and national events

Budgetary Implications

In order for council to take advantage of the ‘Event Placement Program’, an events fund should be created to pay SMA fees and other charges.

A budget bid has been lodged for inclusion in the 2019/20 budget.

To assist in identifying events that provide the best economic value for our communities, a measurement framework focussing on return on investment should be developed.

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

Poor choice of events.

·        How can it happen?

Choosing events at random without assessing economic impact.

·        What are the consequences of the event happening?

Poor return on investment and little measurable economic impact.

·        What is the likelihood of the event happening?

Low

·        Adequacy of existing controls?

Adequate

·        Treatment options to mitigate the risk?

Manage the risk

Conclusion

The report is the result of significant investment by council and should be utilised by all directorates to ensure effective and efficient use of council’s facilities and to prioritise future improvements.

Attachments

1.       Murray River Capacity and Capability Assessment Report (under separate cover)  

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.7       Waver of Hire Fee - Moama Sports Pavilion

File Number:           -

Author:                    John Harvie, Manager Economic Development & Tourism

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council;

1.       Waives the basketball stadium hall hire charges associated with provision of Prymemower Exercise Classes which consists of two one hour exercise sessions weekly; and

2.       Approve including this in-kind support as an annual grant within Council’s Community Financial Assistance Program.

 

 

Background

Bendigo Regional YMCA have employed Laurie Edmondstone and Kylie Barnard to conduct Prymemover Exercise Classes for participants whose age range from 55 – 90 years at the Moama basketball stadium.

Approximately 20 people participate in the twice weekly exercise sessions.

Bendigo Regional YMCA have indicated their intention to discontinue the exercise sessions as of the end of March 2019 due to them not being financially viable.

The participants are charged $5 per session with payment being voluntary.

Discussion

Mr Laurie Edmonstone wrote to council on 8 March 2019 explaining the situation and indicating that he and Ms Barnard would like to continue providing the Prymemover classes twice weekly as they feel that the participants gain significant benefit from the program both socially and in terms of their health and fitness.

Mr Edmondstone is seeking support and assistance from council and has asked if council would consider waving the hall hire charges.

The hire charges are $33.75/hour. Two sessions each week costs $67.50 and this is the amount Mr Edmondstone is asking council to consider waving. In addition a one-off payment of a refundable facility bond of $500 is required and Mr Edmondstone is asking council to also consider not applying this charge.

Both trainers have insurance cover, are members of a fitness association and have current first aid accreditation.

Strategic Implications

3 - Strategic Theme 3: Social Wellbeing

3.1 - Enable community access to services, programs and facilities to support and enhance health, wellbeing, and community safety

3.1.5 - Plan for, provide, maintain, improve, and encourage access to sporting facilities, recreational grounds, parks and gardens, natural bushlands to create active and passive environments for enjoyment of residents and visitors

Budgetary Implications

A decision to wave the hourly facility hire charge over a period of 40 weeks annually will reduce potential revenue by $2700.00

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

Nil

·        How can it happen?

NA

·        What are the consequences of the event happening?

NA

·        What is the likelihood of the event happening?

NA

·        Adequacy of existing controls?

NA

·        Treatment options to mitigate the risk?

NA

Conclusion

The Prymemover Exercise Classes provides an important service to Moama’s older citizens at an affordable cost. By making the basketball stadium available at no cost will not significantly impact council’s budget and will enable older citizens to stay fit and healthy.

Attachments

1.       Letter Requesting Assistance

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.8       Adoption of Murray River Council Code of Conduct

File Number:           -

Author:                    Kerri Keogh, Manager Office of the General Manager

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council adopts the Murray River Council Code of Conduct (POL100) which is based on the Model Code of Conduct for Local Councils in NSW (Office of Local Government – December 2018).

 

Background

In October 2017, the Office of Local Government (OLG) released consultation drafts on the Model Code of Conduct for Local Councils in NSW and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW and sought comment from stakeholders by 4 December 2017.

 

The new 2018 Model Code of Conduct for Local Councils in NSW (the ‘Model Code of Conduct’) and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the ‘Procedures’) were prescribed on 14 December 2018 under the Local Government (General) Regulation 2005. Refer to Attachment 2 for a copy of the Model Code of Conduct.

 

Councils have six (6) months from the date of prescription (14 December 2018 to 14 June 2019) to adopt a code of conduct and procedures based on the prescribed Model Code of Conduct and Procedures.

 

If a council fails to adopt a new code of conduct and procedures based on the new Model Code of Conduct and Procedures within six (6) months of their prescription, the provisions of the new Model Code of Conduct and Procedures will automatically override any provisions of a council’s adopted code of conduct and procedures that are inconsistent with those contained in the Model Code of Conduct and Procedures through the operation of sections 440(4) and 440AA(4) of the Local Government Act 1993 (unless the inconsistent provisions of a council’s adopted code of conduct are more onerous than those contained in the Model Code of Conduct).

 

It should be noted that councils may enhance or strengthen the standards prescribed under the Model Code of Conduct in their adopted codes of conduct to make them more onerous. Councils may also supplement the provisions contained in the Model Code of Conduct with additional provisions in their adopted codes of conduct. However, councils cannot dilute or weaken the standards prescribed in the Model Code of Conduct in their adopted codes of conduct.

 

The Model Code of Conduct prescribes the minimum ethical and behavioural standards all council officials in NSW are required to comply with. In doing so it seeks to:

·     prescribe uniform minimum ethical and behavioural standards for all councils in NSW

·     provide clear guidance to council officials on the minimum ethical and behavioural standards expected of them as council officials

·     provide clear guidance to local communities on the minimum ethical and behavioural standards they can expect of the council officials who serve them

·     promote transparency and accountability

·     promote community confidence in the integrity of the decisions councils make and the functions they exercise on behalf of their local communities, and

·     promote community confidence in the institution of local government.

 

Key changes to the 2018 version of the Model Code of Conduct include:

·     It incorporates the pecuniary interest provisions previously contained in the Local Government Act 1993 and Regulation.

·     New standards relating to discrimination and harassment, bullying, work health and safety, behaviour at meetings, access to information and maintenance of council records.

·     New rules governing the acceptance of gifts, including mandatory reporting.

·     A new ongoing disclosure requirement for councillors and designated persons requiring disclosure of new interests in returns for interests within three months of becoming aware of them.

·     Councillors will be required to disclose in their returns of interests whether they are a property developer or a close associate of a property developer.

Discussion

Council will recall that it adopted a draft Murray River Council Code of Conduct (POL100) (refer Attachment 1), based on the Model Code of Conduct for Local Councils in NSW (Office of Local Government – December 2018) at its Ordinary Meeting of 22 January 2019, with the resolution as follows:

 

          RESOLUTION 070119

          Moved: Cr Ann Crowe

          Seconded: Cr Alan Mathers

          That:

1.       Council adopts the draft Murray River Council Code of Conduct which is based on the Model Code of Conduct for Local Councils in NSW (Office of Local Government – December 2018).

2.       In accordance with Section 160 of the Local Government Act 1993, the draft Murray River Council Code of Conduct be placed on public exhibition for a period of not less than 28 days and provide not less than 42 days in which to receive submissions from the public on the draft Code.

3.       A report be brought back to Council at the end of the public submission period addressing any submissions received before final adoption of the Murray River Council Code of Conduct.

 

As per the abovementioned resolution of the Council, Council’s staff placed the draft Murray River Council Code of Conduct on Public Exhibition for a period of 28 days and allowed for submissions. Submissions closed at 4:00pm on Friday 15 March 2019. No submissions were received during the period.

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.1 - An effective, efficient and progressive Council that provides leadership to the community

5.1.1 - Council decision making takes into account the needs and priorities of our local communities and the longer term social, cultural, economic and environmental viability and sustainability of our region

Budgetary Implications

There are no budgetary implications of this report.

Policy Implications

Council’s Code of Conduct, based on the Model Code of Conduct for Local Councils in NSW (OLG – December 2018), when formally adopted by the Council, will replace Council’s existing policy version and ensure Murray River Council is compliant with the Local Government Act 1993 and Local Government (General) Regulation 2005.

Legislative Implications

·    Section 440 and 440AA of the Local Government Act 1993

·    Local Government (General) Regulation 2005

Risk Analysis

·        What can happen?

The proposed draft Murray River Council Code of Conduct is not adopted by the Council.

·        How can it happen?

The Council rejects to adopt the draft Murray River Council Code of Conduct.

·        What are the consequences of the event happening?

If a council fails to adopt a new code of conduct and procedures based on the new Model Code of Conduct and Procedures within six (6) months of their prescription, the provisions of the new Model Code of Conduct and Procedures will automatically override any provisions of a council’s adopted code of conduct and procedures that are inconsistent with those contained in the Model Code of Conduct and Procedures through the operation of sections 440(4) and 440AA(4) of the Local Government Act 1993 (unless the inconsistent provisions of a council’s adopted code of conduct are more onerous than those contained in the Model Code of Conduct).

·        What is the likelihood of the event happening?

Low.

·        Adequacy of existing controls?

Medium.

·        Treatment options to mitigate the risk?

The Council adopts the Code of Conduct as a policy of the Council.

Conclusion

The new 2018 Model Code of Conduct for Local Councils in NSW and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW were prescribed on 14 December 2018 under the Local Government (General) Regulation 2005. Councils have six (6) months from the date of prescription to adopt a code of conduct and procedures based on the prescribed Model Code of Conduct and Procedures. The existing Murray River Council Code of Conduct for Local Councils in NSW (OLG – November 2015) (POL101) remains in force until the draft Murray River Council Code of Conduct, based on the Model Code of Conduct for Local Councils in NSW (OLG – December 2018) is formally adopted by Council.

 

Attachments

1.       DRAFT Murray River Council Code of Conduct (POL100) (under separate cover)  

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

10.9       Adoption of Murray River Council Code of Meeting Practice

File Number:           -

Author:                    Kerri Keogh, Manager Office of the General Manager

Authoriser:             Des Bilske, General Manager

 

Recommendation

That Council adopts the Murray River Council Code of Meeting Practice (POL101), which is based on the Model Code of Meeting Practice for Local Councils in NSW (Office of Local Government – December 2018).

 

Background

In December 2017, the Office of Local Government (OLG) released a consultation draft Model

Code of Meeting Practice for Local Councils in NSW and sought comment from stakeholders by 16 March 2018. This consultation draft has now being reviewed by the OLG with regard to the feedback received from stakeholders.

 

Amendments made to the Local Government Act 1993 in August 2017 by the Local Government

Amendment (Governance and Planning) Act 2016 provide for a model code of meeting practice to

be prescribed by regulation. The new Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code) was prescribed on 14 December 2018. Councils are required to review their current Code of Meeting Practice in line with the final OLG Model Meeting Code within six (6) months.

 

The existing Murray River Council Code of Meeting Practice (POL101) remains in force until the draft Code of Meeting Practice is formally adopted by Council.

 

The new Model Meeting Code has been designed to achieve a range of outcomes, including;

·     Promoting, as the principle objectives of meetings, the making of decisions by the governing bodies of a council that are in the best interests of the council and the community as a whole.

·     Promoting more accessible, orderly, effective and efficient meetings and to provide councils with the tools to achieve these outcomes;

·     Prescribing principles to inform the way in which meetings are conducted and to prescribe meeting rules that are consistent with these principles;

·     Codifying areas of common practice across councils in a way that is clear, efficient, leads to better informed and more effective decision making and that is consistent with the requirements of the local government area;

·     Promoting greater consistency between councils across the State in the key areas of meeting practice without losing the ability to allow some variation in practice to meet local needs and expectations;

·     Allowing greater flexibility in the conduct of meetings to accommodate a range of potential scenarios that were not addressed by the previous prescribed meeting rules;

·     Simplifying the language used to make the prescribed meeting rules more accessible and easier to understand;

·     Modernising the rules to accommodate current and emerging technologies (e.g. electronic notice, electronic voting systems and webcasting).

 

The Model Meeting Code comprises of mandatory and non-mandatory provisions. Councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code no later than 12 months after the next ordinary council elections. Councils’ adopted codes of meeting practice may also incorporate the non-mandatory provisions of the Model Meeting Code and other supplementary provisions as long as they are not inconsistent with the mandatory provisions.

 

In the Model Meeting Code, mandatory provisions are indicated in black font and the non-mandatory provisions are indicated in red font. For ease of review this protocol has remained with any proposed additions and amendments also being included in red font.

 

The new Code of Meeting Practice contains the following new elements:

·     New meeting principles;

·     Optional rules for pre-meeting councillor briefings;

·     Optional rules for public forums;

·     A new requirement for meetings to be webcast;

·     New rules limiting the use of mayoral minutes without notice to the cases of urgency;

·     Optional rules requiring a staff report for motions seeking decisions that do not align with council’s integrated planning and reporting (IP&R)  objectives;

·     Optional rules allowing for motions to be adopted in a block;

·     Optional rules allowing rescission motions to be dealt with at the same meeting in cases of urgency and allowing matters to be recommitted to correct an error;;

·     Optional rules placing time limits on meetings.

 

Councillors should note that all of the optional rules have been recommended for adoption by Council to provide greater guidance and consistency of meeting procedures.

 

The provisions governing public forums contained in the Model Meeting Code reflect what the Office of Local Government sees as being best practice and have been informed by the following considerations:

·     Councils should have a comprehensive community engagement strategy in place to ensure that the views of affected persons and (where relevant) the community as a whole are considered in council decision making. This will soon be a statutory requirement.  Public forums at council meetings are not an appropriate substitute for effective community consultation and councils need to be mindful that the views expressed at public forums will not necessarily be representative of the views of other affected parties or the broader community;

·     Public forums should operate as an input into council decision-making at meetings.  This means they should be focused on matters under consideration at a council meeting and not permit free ranging discussion of other matters that are not being dealt with at the meeting;

·     In the interest of ensuring informed decision making, there should be a gap between the public forum and the meeting to allow councillors the time to properly consider matters raised at the public forum and, if necessary, to seek further input and guidance from staff before being required to make a decision on those matters;

·     Council meetings should operate as a forum for debate and decision making by the community’s representatives.  Public forums should not operate in a way that displaces this as the principal purpose of the council meetings nor operate as a platform for others to participate in debate with elected officials on matters under consideration at the meeting;

·     Participation in a public forum is a privilege not a right.  It should be within the discretion of a council to withdraw this privilege where a person fails to respect meeting rules or engage in disorderly conduct.

 

Until a council adopts a new code of meeting practice, its existing code of meeting practice will remain in force up until six (6) months from the date on which the new Model Meeting Code was prescribed (14 December 2018 – 14 June 2019). If a council fails to adopt a new code of meeting practice within this period, any provisions of the council’s adopted meeting code that are inconsistent with the mandatory provisions of the Model Meeting Code prescribed under the Regulation will automatically cease to have any effect to the extent that they are inconsistent with the mandatory provisions of the Model Meeting Code.

 

In addition, irrespective of whether councils have adopted a code of meeting practice based on the Model Meeting Code, all councils will be required to webcast meetings of the council and committees of which all members are councillors from 14 December 2019. The webcasting requirement may be met simply by posting an audio or video recording of the meeting on the council’s website.  Council will be provided with alternatives including costings on how this requirement will be met before the mandatory implementation date.

Discussion

Council will recall that it adopted a draft Murray River Council Code of Meeting Practice (POL101) (refer Attachment 1), based on the Model Code of Meeting Practice (Office of Local Government – December 2018) at its Ordinary Meeting of 22 January 2019, with the resolution as follows:

 

          RESOLUTION 080119

          Moved: Cr Ann Crowe

          Seconded: Cr Alan Mathers

          That:

1.       Council adopts the draft Murray River Council Code of Meeting Practice which is based on the Model Code of Meeting Practice for Local Councils in NSW (Office of Local Government – December 2018).

2.       In accordance with Section 361 of the Local Government Act 1993, the draft Murray River Council Code of Meeting Practice be placed on public exhibition for a period of not less than 28 days and provide not less than 42 days in which to receive submissions from the public on the draft Code.

3.       A report be brought back to Council at the end of the public submission period addressing any submissions received before final adoption of the Murray River Council Code of Meeting Practice.

 

As per the abovementioned resolution of the Council, Council’s staff placed the draft Murray River Council Code of Meeting Practice on Public Exhibition for a period of 28 days and allowed for submissions. Submissions closed at 4:00pm on Friday 15 March 2019. No submissions were received during the period.

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.1 - An effective, efficient and progressive Council that provides leadership to the community

5.1.1 - Council decision making takes into account the needs and priorities of our local communities and the longer term social, cultural, economic and environmental viability and sustainability of our region

Budgetary Implications

The mandatory requirement for the provision of webcasting of Council meetings will require preparation of estimates for either sound, and/or video recording and possibly transmission equipment before implementation.

Policy Implications

Council’s draft Code of Meeting Practice, when formally adopted by the Council, will replace Council’s existing policy version and ensure Murray River Council is compliant with the Model Code of Meeting Practice for Local Councils in NSW 2018.

Legislative Implications

Adoption of the Code of Meeting Practice will facilitate compliance with Section 360 of the Local Government Act 1993.

It should be noted that the meeting provisions in the Local Government (General) Regulation 2005 have now been repealed and replaced by the Model Meeting Code.

Risk Analysis

·        What can happen?

The proposed draft Murray River Council Code of Meeting Practice is not adopted by the Council.

·        How can it happen?

The Council rejects to adopt the draft Murray River Council Code of Conduct.

·        What are the consequences of the event happening?

Until a council adopts a new code of meeting practice, its existing code of meeting practice will remain in force up until six (6) months from the date on which the new Model Meeting Code was prescribed (14 December 2018 – 14 June 2019). If a council fails to adopt a new code of meeting practice within this period, any provisions of the council’s adopted meeting code that are inconsistent with the mandatory provisions of the Model Meeting Code prescribed under the Regulation will automatically cease to have any effect to the extent that they are inconsistent with the mandatory provisions of the Model Meeting Code.

·        What is the likelihood of the event happening?

Low.

·        Adequacy of existing controls?

Medium.

·        Treatment options to mitigate the risk?

The Council adopts the Code of Meeting Practice as a policy of the Council.

Conclusion

Under the transitional provisions of the Local Government Act 1993, councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code no later than twelve (12) months after the next ordinary elections. However, as the new Model Meeting Code was released in December 2018 there is an overriding provision that Council must adopt a new Code of Meeting Practice before 14 June 2019. The final adoption of the Murray River Council Code of Meeting Practice will satisfy this mandatory requirement.

Attachments

1.       DRAFT Murray River Council Code of Meeting Practice (POL101) (under separate cover)  

   


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

11          Director Corporate Services Report & Supplementary Matters

11.1       FINAL ADOPTION OF RELATED PARTY DISCLOSURES POLICY

File Number:           -

Author:                    Sandra Gordon, Manager Risk

Authoriser:             Ross Mallett, Director Corporate Services

 

Recommendation

That Council adopts the Related Party Disclosures Policy and it is placed in the Policy Register.

 

 

Background

It was resolved at the Ordinary Meeting of Council of 15 May 2018 that Council adopt as a draft the Murray River Council Related Party Disclosures Policy and that it be placed on public exhibition for a period of 28 days to allow for public comment and/or submissions. (Resolution 220518)

Discussion

From 1 July 2016, Council is required to disclose Related Party Relationships and Related Party Transactions in its Annual Financial Statements, in accordance with the Australia Accounting Standard AASB 124 – Related Party Disclosures.

The purpose of this Policy is to:

-     Define the parameters for Related Party Transactions and the level of disclosure and reporting required for Council to achieve compliance with AASB-124 – Related Party Disclosures.

-     Ensure that Council’s related party relationships are disclosed, irrespective of whether there have been transactions between them.

There have been no submissions received in relation to the advertising of the Related Party Disclosures Policy

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.1 - An effective, efficient and progressive Council that provides leadership to the community

5.1.1 - Council decision making takes into account the needs and priorities of our local communities and the longer term social, cultural, economic and environmental viability and sustainability of our region

Budgetary Implications

The adoption of this Policy will have no budgetary implications.

Policy Implications

No current policies need to be modified as a consequence of the adoption of this Policy.  However, changes to other Council policies, such as Code of Conduct, Privacy Management and Councillor Expenses and Facilities, may require this Policy to be reviewed.

Legislative Implications

The proposed Policy is consist with the requirements set out in the Local Government Act 1993, Local Government Regulations 2005, Government Information (Public Access) Act 2009, Corporations Act 2001 and the Australian Accounting Standards.

Risk Analysis

·        What can happen?

Item 13 of the Policy – Breach of Policy - Failure to disclose   

How can it happen?

Collusion and/or dishonest behaviours.

·        What are the consequences of the event happening?

Failure to disclose will result in disciplinary action and potential criminal proceedings.  Leading reputational damage and disruption to Council.

·        What is the likelihood of the event happening?

Possible

·        Adequacy of existing controls?

This policy outlines the requirements of reporting which should minimise potential breaches.

Treatment options to mitigate the risk?

Regular training in the requirements of this Policy and other governance issues as outlined in Council’s Code of Conduct and Internal Reporting policies.

Conclusion

This Policy, when adopted, seeks to minimize fraudulent behaviours and activities at Council.

Attachments

1.       Related Party Disclosures Policy

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

11.2       Corporate Services Update

File Number:           -

Author:                    Ross Mallett, Director Corporate Services

Authoriser:             Ross Mallett, Director Corporate Services

 

Discussion

WH&S & Risk Management

There was one LTI during the month involving a wrist injury to an employee at Moulamein. We are in the process of recruiting a WH&S and Risk officer to work out of Mathoura office.

The Internal Auditors met with Management in late March to review the scope of the internal audit projects covering developer contributions and project management and to review targets for the IA plan in 2020-21. The internal auditors subsequently initiated the audit of developer contributions.

ICT

A business continuity test exercise was conducted in mid-March and management is looking to update the business continuity policy and process to address issues raised in the exercise.

The GM and DCS attended a meeting with the GM of Yass council to discuss their experience in changing their Enterprise Resource Planning software from Civica Authority to Magiq and challenges and benefits arising from the change.

Work on the ICT strategy has progressed and council has initiated a systems environmental audit to determine weaknesses in the IT environment that need to be addressed.

HR

Acting Director Planning and Environment David Wilkinson commenced with council and work progressed on engagement of a WH&S and Risk Officer and Procurement Manager.

Customer Service

Work progressed on the Customer Service Charter and Customer Management Framework. A copy of the charter is being submitted for council approval at the April meeting.

Procurement

Discussions have taken place with Engineering on the procurement and tendering processes required for engagement of project managers and contractors to help manage the pipeline of funded engineering projects due for completion from 2019-2021.

Finance

The main focus of finance has been on progressing the preparation of the 2019-2020 operating plan and budget for submission to council in May.

Governance

The GM and DCS attended the LG Governance Conference in Queanbeyan in March. Key take-outs were:

·    Proposed changes to audit & risk management committee structure

·    Need for and value of greater sharing of information by councils

·    Changes in cyber security governance

·    Managing delegations and information privacy

·    How councils have approached the need to webcast council meetings

Attachments

1.       Incident reporting for first quarter 2019

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

11.3       Financial Statements & Investments as at 31 March 2019

File Number:           -

Author:                    Anwarul Abedin, Manager Finance

Authoriser:             Ross Mallett, Director Corporate Services

 

Recommendation

1.   That the Officer’s report on Council’s Financial Statements, Bank Reconciliations and Investments as at 31st March 2019 be received and noted

 

2.   That the report detailing Council’s cashbook balance of $58,813,821.92 as at 31st March 2019 is received.

 

3.   That the report detailing Council’s investment balance of $56,963,790.65 as at 31st March   2019 is received

 

Background

Shown below are the Financial Statements, Bank Reconciliations and Investments for the period ending 31st March 2019.

Discussion

REPORT - BANK RECONCILIATION

Shown below are the Financial Statements, Bank Reconciliations and Investments for the period ending 31st March 2019.

 

INTERIM STATEMENT OF BANK BALANCES AS AT 31st MARCH 2019 OF COUNCIL’S COMBINED ACCOUNTS

DETAILS

JANUARY 2019

FEBRUARY 2019

MARCH 2019

Cash Book Balance B/Fwd

$3,105,092.43

$3,080,622.67

$4,767,557.73

Add income for month

$3,345,454.38

$6,136,650.78

$6,608,073.34

Deduct expenditure for month

$5,130,979.96

$4,449,715.72

$5,525,599.80

CASH AVAILABLE

$1,319,566.85

$4,767,557.73

$5,850,031.27

Redeem/(Purchase) Investments

$1,761,055.82

$0.00

($4,000,000.00)

CASH BOOK BALANCE

$3,080,622.67

$4,767,557.73

$1,850,031.27

Add investments

$52,963,790.65

$52,963,790.65

$56,963,790.65

CASH POSITION

$56,044,413.32

$57,731,348.38

$58,813,821.92

As per Bank Statements

$3,321,702.70

$4,768,156.96

$2,010,345.84

 

INTERIM INTERNAL CASHBOOK BALANCES

 

 

 

OVERDRAFT LIMITS: Bank Overdraft - $650,000.00.

 

I hereby certify that the cashbook of the various funds of Council has been reconciled, with the appropriate Pass Sheets as at 31st March 2019.

 

 

Ross Mallett

Responsible Accounting Officer

 

 

REPORT - INVESTMENTS AS AT 31st MARCH 2019

As required by Section 212 of the Local Government (General) Regulation 2005 and Section 625 of the Local Government Act 1993, the details of Council’s surplus funds invested, totalling $56,963,790.65 are listed below:

 

 

 

 

 

 

 

 

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.1 - An effective, efficient and progressive Council that provides leadership to the community

5.1.2 - Council acts in a financially responsible manner to ensure delivery of safe and sustainable services to the community

Budgetary Implications

Current low interest rates may reduce the expected interest revenue.

Policy Implications

Investments have been made in accordance with the Council Investment Policy which was adopted on the 17th October 2017.

Legislative Implications

Section 625 of the Local Government Act 1993, Regulation 212 of the Local Government (General) Regulations 2005, Trustees Act 1925 Section 14.

Risk Analysis

·        What can happen?

Imprudent use of council’s financial resources

·        How can it happen?

Not following investment rules, policies or mandates

·        What are the consequences of the event happening?

Potential loss of financial resources

·        What is the likelihood of the event happening?

Low

·        Adequacy of existing controls?

Good

·        Treatment options to mitigate the risk?

Responsible management of financial resources invested in accordance with Council’s investment policies and mandate.

Conclusion

Murray River Council’s liquidity is in a satisfactory position at 31st March 2019.

Attachments

Nil


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

11.4       Customer Service Charter

File Number:           -

Author:                    Ross Mallett, Director Corporate Services

Authoriser:             Ross Mallett, Director Corporate Services

 

Recommendation

That Council:

1.   Approve the adoption of a Draft Customer Service Charter.

 

2.   Place the Draft Customer Service Charter on public exhibition for a period of twenty eight days seeking public comment before final adoption.

 

 

Background

Following the establishment of a special purpose Customer Service Department Council is proposing to establish a framework within which the Department may operate efficiently and effectively to optimise the level of service provided to community members. The framework will comprise the following elements:

1.   Customer Service Charter – to set out Council’s commitment to customer service and service standards that should be accepted

2.   Customer Service Management Policy – setting out goals and accountabilities for customer service and management of complaints and positive feedback

3.   Customer Service Strategy – to provide a plan for improving and monitoring customer service levels.

Attached to this document is the first part of the framework being the Customer Service Charter. 

Discussion

Council are requested to consider, and if thought fit, approve the Draft Customer Service Charter

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.3 - Communication and collaboration identifies and meets community needs

5.3.1 - Council clearly identifies and promotes simple, effective communication, consultation and participation for community

Budgetary Implications

Not Applicable

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

To facilitate good customer service there needs to be a commitment to good service and a clear vision on what customers should expect. The Charter is designed to address this.

·        How can it happen?

Without a clear sense of direction there is a risk that the community may not perceive the council to be engaged and committed to provide good service

·        What are the consequences of the event happening?

Loss of community support and lack of engagement and focus by customer service officers

·        What is the likelihood of the event happening?

It may be likely if a clearly articulated position is not communicated by council

·        Adequacy of existing controls?

Reasonable

·        Treatment options to mitigate the risk?

Establishment of a well-structured customer service framework

Conclusion

There is a strong case to implement a well-structured customer service framework.

Attachments

1.       Customer Service Charter

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

12          Director Engineering Report & Supplementary Matters

12.1       Closed Circuit Television (CCTV) Policy and Code of Practice

File Number:           -

Author:                    Scott Barber, Director Engineering

Authoriser:             Scott Barber, Director Engineering

 

Recommendation

That council;

1.   Approve this draft policy and code of practice on Closed Circuit Television (CCTV)

 

2.   Place this policy and code of practice on Closed Circuit Television (CCTV) on public exhibition for a period of twenty eight days seeking community feedback before final adoption.

 

Background

In May 2013 the then Minister for Local Government released a circular. It stated that;

-     The NSW Government is committed to ensuring that the NSW Police have the necessary tools for fighting and investigating crime. Local councils are an important partner of the Police in ensuring the safety and protection of local communities.

-     The NSW Government has acted to ensure that councils can continue using Closed Circuit Television (CCTV) camera systems for the purposes of assisting local police prevent crime in public spaces.

It also specifically explained that, in light of the (then) recent Administrative Decisions Tribunal decision on council CCTV use, the Government has amended the Privacy and Personal Information Regulation 2005 to exempt councils from:

-     Section 11 of the Privacy and Personal Information Act 1998, with respect to the collection of personal information by using a CCTV camera that the council has installed for the purpose of filming a public place if the camera is positioned so no other land is filmed (unless it is not reasonably practicable to avoid filming the other land when filming the public place).

-     Section 18 of the Act, with respect to disclosure to the NSW Police Force of personal information by way of live transmission from a CCTV camera.

Councils must continue complying with all other Information Protection Principles in the Act, including sections 10 and 12(c), and section 18 in relation to disclosures other than to the NSW Police. This includes a requirement to install and maintain appropriate signage near CCTV cameras. Councils should also ensure that that data collected from the CCTV system is secure, that unauthorised access is prevented, and that compliance with data safeguards are monitored and audited.

The Government’s action ensures that councils across NSW can continue working with the NSW Police to operate CCTV systems that reduce crime and protect the safety of their local communities.

 

Discussion

Murray River Council has received funding to install a CCTV surveillance system. Council now requires a CCTV Policy to ensure operation of the CCTV meets requirements with regard to access for specific purposes which support the safety of our communities.

If approved, the draft Murray River Council CCTV Policy will be placed on public exhibition for a period of 28 days to allow for public comment/submissions.

The policy is designed to present the principles and delegations for the operation of the CCTV program across the Council area. This policy has been drafted based on a Policy and Code of Practice developed by the Wollongong City Council (2018).

With regard to Sections;

-     10: Requirements of collecting personal information

-     12(c): Retention and security of personal information; and

-     18: Limits on disclosure of personal information

Strategic Implications

3 - Strategic Theme 3: Social Wellbeing

3.1 - Enable community access to services, programs and facilities to support and enhance health, wellbeing, and community safety

3.1.6 - Advocate for adequate emergency, policing and ambulance services to meet the changing needs of communities, and continually strengthen the working relationship between Council, community and emergency services

Budgetary Implications

CCTV Program of network and devices have been purchased primarily using grant funding. There is an ongoing maintenance cost which may be in the order of $1000/year for Moama CCTV.

Policy Implications

Murray River Council Asset Management Policy (POL305).

Murray River Council Code of Conduct (POL100).

Murray River Council Community Engagement Policy (POL104).

Murray River Council Risk Management Policy (POL200).

Legislative Implications

Privacy & Personal Information Protection Act 1998.

Security Industry Act [NSW] 1997;

Workplace Surveillance Act [NSW] 2005 Government information (Public Access) Act 2009;

Risk Analysis

·        What can happen?

Misuse or the perception of misuse of the CCTV Program

·        How can it happen?

Claims of misuse by anyone in the general public

·        What are the consequences of the event happening?

Reputational damage to Council

·        What is the likelihood of the event happening?

Possible

·        Adequacy of existing controls?

Inadequate

·        Treatment options to mitigate the risk?

Adoption of this Policy

Access to be granted by the General Manager based on the purpose of requested as described in this policy.

Consultation with the NSW and Victorian Police

Presenting extra procedural detail within this policy for transparency of Council’s implementation of Policy.

Quarterly review of the CCTV Program system audit trail and implementation of this policy for each access event.

Conclusion

The provision of a CCTV Program across Murray River Council will increase the safety of residents and visitors and assist Police to decrease crime and protect the community.  In order to effectively manage the legislative and logistical requirements of the CCTV Program a detailed Policy is required.  Through adoption of the CCTV Policy Council will establish the detailed framework required to effectively manage the CCTV Program and the data collected through its use.

Attachments

1.       MRC CCTV Policy and Code of Practice

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

12.2       Request to Council for use of the Common Seal of Murray River Council to complete amendment deed to contract with Roads and Maritime Services

File Number:           -

Author:                    Frederik Groenewald, Manager Engineering Operations

Authoriser:             Scott Barber, Director Engineering

 

Recommendation

That Council approve the placement of the Common Seal of Murray River Council and execution by authorised signatories to finalise a contract amendment deed between Roads and Maritime Services and Murray River Council on the Road Maintenance Council Contract (RMCC).

 

Background

Murray River Council (formerly Murray Shire Council) had engaged, as a Service Provider, in a Road Maintenance Council Contract (RMCC) between Roads and Maritime Services (RMS) and Murray River Council (then Murray Shire Council) to undertake road and maintenance works in two principal locations within the Murray Council area. The initial contract number was 08.2563.1861 and was signed on or about 1 October 2008.

Discussion

The two locations referred to in the attached contract amendment deed are the approach to Barham Koondrook Bridge, within the New South Wales border, and the Main Road No. 319, being a Regional Road. The Contract Amendment Deed No.1 to Contract No. 08.2563.1861 (attached) requires the Service Provider – Murray River Council – to finalise the contract with the Common Seal of the Murray River Council ABN 30 308 16 484, in accordance with Regulation 400 of the Local Government (General) Regulation 2005.

Strategic Implications

1 - Strategic Theme 1: Built/Physical Environment

1.2 - Improve and maintain our road and transport network

1.2.1 - Develop long-term plans for maintenance and construction of town streets and the rural road network - with priorities established in conjunction with the community

Budgetary Implications

Murray River Council will undertake the road construction and maintenance work in the two proposed locations as per the contract amendment deed for financial gain.

Policy Implications

Murray River Council Asset Management Policy (POL305).

Legislative Implications

Roads Act 1993.

Local Government (General) Regulations 2005.

 

Risk Analysis

·        What can happen?

If the contract is not finalised, Murray River Council may lose potential revenue.

·        How can it happen?

If the Common Seal approval is not given by Council.

·        What are the consequences of the event happening?

Loss of revenue.

·        What is the likelihood of the event happening?

Unlikely

·        Adequacy of existing controls?

The contract is currently signed, but not sealed.

·        Treatment options to mitigate the risk?

Utilisation of the Common Seal of Murray River Council to complete the contract, as outlined above.

Conclusion

Should Council allow the use of the Common Seal of Murray River Council to finalise Contract Amendment Deed No 1, to Contract No. 08.2563.1861 then Council will be able to arrange for the proposed works to commence.

Attachments

1.       Contract Amendment Deed No.1 to Contract No. 08.2563.1861

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

13          Director Planning & Environment Report & Supplementary Matters

13.1       Environmental Services Report

File Number:           -

Author:                    David Wilkinson, Acting Director of Planning and Environment

Authoriser:             Simon Arkinstall, Director Planning & Environment

 

Discussion

This report details the activities of Environmental Services from 1 March to 31 March 2019.

Attachments

1.       Applications Determined under Delegated Authority from 1 March to 31 March 2019

  


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14          Questions on Notice

Nil


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

 

 

15          Correspondence Report

15.1       Correspondence Report

File Number:           -

Author:                    Kerri Keogh, Manager Office of the General Manager

Authoriser:             Des Bilske, General Manager

 

DISCUSSION

 

01/04: Local Government NSW Weekly

Indices of General Circulars dated 22 March, 29 March and 5 April 2019 have been forwarded to Councillors and Senior Staff via email.

 

02/04: Australian Local Government Association (ALGA) News

Newsletters dated 22 March, 29 March and 5 April 2019 have been forwarded to Councillors and Senior Staff via email.

 

03/04: Minister for Resources, Minister for Energy & Utilities and Minister for Arts, Don Harwin MLC

Forwarding correspondence dated 19 March 2019 responding to Council’s representations to the former Member for Murray, Austin Evans, regarding funding for public libraries. Refer Attachment 1.

 

04/04: Local Government NSW

Forwarding a Media Release dated 20 March 2019 advising that a LGNSW forum held on the Central Coast on Sunday March 17 confirmed the local government sector’s opposition to the mandatory introduction of Planning Panels and the widespread use of State Environment Planning Policies (SEPPs), which override council planning controls and powers. Refer Attachment 2.

 

05/04: Local Government NSW

Forwarding a Media Release dated 25 March 2019 congratulating NSW Premier Gladys Berejiklian on her re-election and pledging to work closely with her new Cabinet to help build the state’s economy while making it a better place to live. Refer Attachment 3.

 

06/04: Local Government NSW

Forwarding a Media Release dated 29 March 2019 welcoming the announcement of $1.1 billion Roads to Recovery funding for the nation’s councils, part of a Federal Budget package that also includes more money for the Bridges Renewal Program and additional black spot funding. Refer Attachment 4.

 

07/04: Local Government NSW

Forwarding a Media Release dated 31 March 2019 advising that councils have welcomed incoming Local Government Minister Shelley Hancock to her new role, pledging to work with the South Coast MP and other incoming ministers on key advocacy priorities for the sector. Refer Attachment 5.

 

08/04: Local Government NSW

Forwarding a Media Release dated 31 March 2019 welcoming Federal Labor’s pledge to introduce a six-year, $60 million National Recycling Fund as part of a bigger plan to help resolve the nation’s recycling crisis. Refer Attachment 6.

 

09/04: Local Government NSW

Forwarding a Media Release dated 2 April 2019 applauding a $206 million increase in funding available for community infrastructure in regional areas. Refer Attachment 7.

 


 

10/04: Local Government NSW

Forwarding a Media Release dated 2 April 2019 advising that money to fight urban congestion and a big boost for black spot funding were the big ticket items for NSW metropolitan councils in the Federal Budget of 2 April. Refer Attachment 8.

 

Attachments

1.       Don Harwin MLC to Austin Evans MP funding for public libraries

2.       LGNSW - Mayors united in call to restore planning powers to communities

3.       LGNSW - LGNSW congratulates Premier on hard-fought election win

4.       LGNSW - Roads funding boost welcomed

5.       LGNSW - Councils welcome new cabinet

6.       LGNSW - National Recycling Fund wins local government support

7.       LGNSW - Councils welcome regional boost for infrastructure, roads and health

8.       LGNSW - Roads and congestion busters welcomed, but recycling commitment lacking

  


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16          Sundry Delegates Report

16.1       Sundry Delegates Report

File Number:           -

Author:                    Kerri Keogh, Manager Office of the General Manager

Authoriser:             Des Bilske, General Manager

 

Recommendation

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.

 

Discussion

 

The Mayor, Councillor CR Bilkey reported on his attendance at the following meetings and functions:

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

·     27 Mar: Meeting with Minister Horne RE: Echuca Train Line Service – Melbourne

·     27 Mar: ‘Meet the Council’ Session – Mathoura

·     29 Mar: Meeting with RAMJO Executive Officer, Bridgett Leopold – Moama

·     1 Apr: Meeting with RMS & Swan Hill Rural City Council RE: Swan Hill Bridge – Wagga Wagga

·     5 Apr: Water Losses Meeting – Deniliquin

·     5 Apr: Losses in the River Murray System 2018-19 Report Explained – Deniliquin

·     8 Apr: RAMJO Water Sub-Committee Workshop – Berrigan

·     9 Apr: Speed Reading Training – Mathoura

·     9 Apr: Councillor Presentation by Murray River Energy – Echuca

·     10 Apr: ‘Meet the Council’ Session – Moulamein

 

The Deputy Mayor, Councillor GS Campbell reported on her attendance at the following meetings and functions:

·     Please refer Attachment 1 for Sundry Delegates Report – 26/02/19 to 25/03/19

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

·     27 Mar: ‘Meet the Council’ Session – Mathoura

·     27 Mar: Moama & District Preschool Committee Meeting – Moama

·     3 Apr: Remembrance Service for Joyce Brown (Murray Shire 2012 Citizen of the Year) – Moama

·     3 Apr: Regional Boating Advisory Group Meeting – Moama

·     9 Apr: Speed Reading Training – Mathoura

·     9 Apr: Councillor Presentation by Murray River Energy – Echuca

·     10 Apr: ‘Meet the Council’ Session – Moulamein

 

Councillor A Aquino reported on his attendance at the following meetings and functions:

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

·     9 Apr: Councillor Presentation by Murray River Energy – Echuca

 

Councillor NF Cohen reported on her attendance at the following meetings and functions:

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

·     27 Mar: ‘Meet the Council’ Session – Mathoura

·     2 Apr: Friends of Old Moama Committee Meeting – Moama

·     3 Apr: Echuca Moama Welcome Night – Echuca Library

·     8 Apr: LGNSW Financial Issues in Local Government Workshop – Albury

·     9 Apr: Speed Reading Training – Mathoura

·     9 Apr: Moama Recreation Reserve Management Committee Meeting – Moama

·     9 Apr: Councillor Presentation by Murray River Energy – Echuca

·     10 Apr: Grant Writing Workshop – Moama

 

Councillor A Crowe reported on her attendance at the following meetings and functions:

·     Please refer Attachment 2 for Sundry Delegates Report – 26/02/19 to 25/03/19

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

 

Councillor NH Gorey reported on his attendance at the following meetings and functions:

·     Please refer Attachment 3 for Sundry Delegates Report – 26/02/19 to 25/03/19

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

 

Councillor AM Mathers reported on his attendance at the following meetings and functions:

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

·     1 Apr: Meeting with Speak Up RE: Irrigation water policy and presentation for meeting with Prime Minister – Deniliquin RSL Club

·     1 Apr: MRSG Board Meeting RE: Irrigation water policy and presentation for meeting with Prime Minister – Deniliquin RSL Club

·     3 Apr: Speak Up and MRSG Joint Meeting with Prime Minister and other government members, including Member for Farrer, The Hon Sussan Ley RE: Irrigation water policy and presentation – Canberra

·     5 Apr: MRSG Meeting with Murray Darling Basin Authority (MDBA) RE: River system operations and losses – Deniliquin RSL Club

·     9 Apr: Speed Reading Training – Mathoura

·     9 Apr: Councillor Presentation by Murray River Energy – Echuca

·     10 Apr: ‘Meet the Council’ Session – Moulamein

 

Councillor TE Weyrich reported on his attendance at the following meetings and functions:

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

·     27 Mar: ‘Meet the Council’ Session – Mathoura

 

Councillor GW Wise reported on his attendance at the following meetings and functions:

·     26 Mar: Pre-Council Meeting Presentations & Briefing – Moama

·     26 Mar: Ordinary Meeting of Council – Moama

 

Attachments

1.       Cr Campbell Sundry Delegates Report Feb-March 2019

2.       Cr A Crowe Sundry Delegates Report Feb-March 2019

3.       Cr N Gorey Sundry Delegates Report Feb-March 2019

  


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17          Confidential Reports  

Recommendation

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:

17.1       Sale of Lots 34 - 43 Moama Business Park - Amendment

This matter is considered to be confidential under Section 10A(2) - c, d(i) and d(ii) 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, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council.

 

 

 

 


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18          Notice of Urgent Business

19          Close of Meeting