MINUTES OF Murray River Council
Ordinary Council
Meeting
HELD IN Tatalia Room 3
(Upper Level), Rich River Golf Club, 24 Lane, Moama
ON Tuesday, 26
November 2019 AT 6:01PM
PRESENT: Cr Chris Bilkey (Mayor), Cr Gen Campbell (Councillor), Cr Nikki Cohen (Councillor), Cr Tony Aquino (Councillor), Cr Ann Crowe (Councillor), Cr Alan Mathers (Deputy Mayor), Cr Thomas Weyrich (Councillor), Cr Geoff Wise (Councillor)
IN ATTENDANCE: Des Bilske (General Manager), Ross Mallett (Director Corporate Services), Scott Barber (Director Engineering), David Wilkinson (Director Planning, Waste & Regulatory Services), John Harvie (Manager Economic Development & Tourism), Kerri Keogh (Manager Office of the General Manager), Courtney Dean (Coordinator Communications)
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 011119 Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the apology tendered on behalf of Cr Neil Gorey be received and accepted and that leave of absence from the meeting be granted. |
4 Conflict of Interests Declarations
Cr Ann Crowe declared a conflict of interests in Item 10.6 of the General Manager’s Report on Request to Form a s355 Committee of Council – Murray Downs.
Cr Gen Campbell declared a conflict of interests in Item 13.3 of the Director Planning, Waste & Regulatory Services Report on Development Application 10.2019.201.1 – Installation of a Manufactured Home on Lot 28 DP1202636. 16 Riverview Drive, Barham.
Cr Thomas Weyrich declared a conflict of interests in Item 17.4 of the Confidential Reports on Purchase of Land – Moama.
Cr Alan Mathers declared a conflict of interests in Item 17.5 of the Confidential Reports on Proposed Barham Micro Abattoir - Update.
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5.1 Confirmation of Minutes - Ordinary Meeting of Council 22 October 2019 |
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Resolution 021119 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen That the minutes of the Ordinary Meeting of Murray River Council held on 22 October 2019 be confirmed as a true and correct record. |
There were no deputations to be heard on any matter within the meeting.
There was not a Mayoral Minute submitted by the Mayor to the meeting.
There were no standing committee reports submitted to the meeting.
9 Notices of Motion/Notices of Rescission
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Moved: Cr Gen Campbell That the Council support the release of the RSD Internal Audit Report – Procurement, Accounts Payable and Credit Cards dated July 2019 to every Councillor. Discussion on the matter took place amongst the Council. Subsequently, Cr Gen Campbell asked that the NOTICE OF MOTION be held over to the next meeting of the Council, being the Ordinary Meeting of 17 December 2019. |
10 General Manager’s Report & Supplementary Matters
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10.1 Resolutions of the Council - Resolution Tracker & InfoCouncil Action Report |
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Resolution 031119 Moved: Cr Alan Mathers Seconded: Cr Nikki Cohen That the Council receives and notes the status of previous resolutions of the Council (in open Council) contained in both the manual Resolution Tracker and InfoCouncil Action Report. |
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Resolution 041119 Moved: Cr Gen Campbell Seconded: Cr Tony Aquino That as provided by Section 210 (5) of the Local Government Act 1993 and the Council’s resolution (number 070919) of the Ordinary Meeting of Council of 24 September 2019, Murray River Council notifies the NSW Electoral Commission by the closing date of 9 December 2019 that a referendum be held at the Local Government Election 2020 to gain approval from the public to eliminate ward boundaries and become an undivided Local Government Area. |
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Resolution 051119 Moved: Cr Tony Aquino Seconded: Cr Alan Mathers That Council: 1. Promotes the funding program and seek submissions on projects internally within Council and the wider community. Submissions will remain open until 24 December 2019. 2. Invite local business and agricultural leaders to meet with Councillors to consider possible projects that will provide an economic boost and long lasting benefits to Murray River Council communities. 3. Convene a meeting in January 2020 to agree on projects. |
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10.4 Murray River Council Community Grants Program, Round 1 2019/20 |
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Resolution 061119 Moved: Cr Thomas Weyrich Seconded: Cr Gen Campbell 1. That Council fund the following projects under Round 1, 2019/20 of its Community Grants Program:
2. That Council do a budget variation to fund the following activities from general revenue, as they are related to Council-owned assets:
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Resolution 071119 Moved: Cr Thomas Weyrich Seconded: Cr Alan Mathers That the Council: 1. Receive and note the report on the Project Energy Connect – Electricity Interconnector. 2. Inform Transgrid that their request to place an iPad and stand at one of Council’s business centres has been approved. 3. Invite TransGrid to provide a presentation on the project to Council at its earliest convenience. |
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10.6 Request to Form a s355 Committee of Council - Murray Downs |
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Cr Ann Crowe declared a significant non-pecuniary conflict of interests in this matter, as she is the Chair of the Murray Downs Advancement Group Incorporated, took no part in discussion, tabled a written notice to the General Manager and left the meeting at 6:37pm. |
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Resolution 081119 Moved: Cr Gen Campbell Seconded: Cr Thomas Weyrich That Council: 1. Continue to work with the Murray Downs Advancement Group on the community hall project. 2. Reconsider the Murray Downs Advancement Group’s request to establish a section 355 Committee of Council to manage the community hall when the project is completed under section 355 of the Local Government Act 1993. |
At this stage of the meeting, being 6:41pm, Cr Ann Crowe returned to the meeting.
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Resolution 091119 Moved: Cr Alan Mathers Seconded: Cr Thomas Weyrich That Council defer the matter of provision of funding to, and Council representation on, the Port Precinct Working Group. |
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10.8 Country Mayors Association of NSW - Annual General Meeting & General Meeting Minutes, 1 November 2019 |
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Resolution 101119 Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino That the Officer’s report on the Country Mayors Association of NSW - Annual General Meeting & General Meeting Minutes, 1 November 2019 be received and the information noted by the Council. |
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Resolution 111119 Moved: Cr Geoff Wise Seconded: Cr Alan Mathers That Councillors determine their attendance at each of the annual presentation functions of the district schools who have requested Councillor attendance (and in some cases, to present the Council sponsored award), as detailed below: · Mathoura Public School: 16 December, 7pm, Murray Shire Hall – Cr Thomas Weyrich · Moama Anglican Grammar School: 5 December, 7pm, Echuca Basketball Stadium – Cr Nikki Cohen · Moama Public School: 9 December, 12pm, Moama Public School Hall – Cr Nikki Cohen · Moulamein Public School: 10 December, 9:30am, Community Hall – Cr Gen Campbell · Tooleybuc Central School: 16 December, 6pm, Tooleybuc Sporting Club – Cr Ann Crowe · Wakool/Burraboi Public School: 10 December, 6pm, Wakool/Burraboi Public School – Cr Alan Mathers |
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That Councillors provide advice on any land acquisition proposals that would add value to the national parks system in the Murray River Council Local Government Area to the General Manager by close of business Friday 13 December 2019 to allow for submission to the National Parks & Wildlife Service prior to the end of the year. The MOTION lapsed for want of a Mover and Seconder. |
11 Director Corporate Services Report & Supplementary Matters
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Resolution 121119 Moved: Cr Alan Mathers Seconded: Cr Nikki Cohen That the Corporate Services Update as at 13 November 2019 be received and the information noted by the Council. |
11.2 Financial Statements & Investments as at 31 October 2019 |
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Resolution 131119 Moved: Cr Thomas Weyrich Seconded: Cr Ann Crowe 1. That the Officer’s report on Council’s Financial Statements, Bank Reconciliations and Investments as at 31 October 2019 be received and noted by the Council. 2. That the report detailing Council’s Position of $57,670,725.85 as at 31 October 2019 is received by the Council. 3. That the report detailing Council’s investment balance of $53,837,900.58 as at 31 October 2019 is received by the Council. |
11.3 Quartely Budget Review - Quarter Ended 30 September 2019 |
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Resolution 141119 Moved: Cr Thomas Weyrich Seconded: Cr Tony Aquino That the budget variations, as detailed within the Quarterly Budget Review Statement for the Quarter ended 30 September 2019 and any subsequent changes made to the votes be included in Council’s estimate of income and expenditure for 2019/2020. |
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Resolution 151119 Moved: Cr Alan Mathers Seconded: Cr Nikki Cohen That the Council note this report in relation to the Murray River Council General Purpose Financial Statements and Special Purpose Financial Statements for the period 1 July 2018 to 30 June 2019, and authorise: (a) the signing of the Statements by Councillors and Management; and (b) the signing of the documents by the General Manager and the Responsible Accounting Officer. |
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Resolution 161119 Moved: Cr Alan Mathers Seconded: Cr Nikki Cohen That the report on the Murray River Council 2018/19 Annual Report be received and the information noted by the Council. |
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Resolution 171119 Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino That the report on the 2019 Community Satisfaction Survey Results as at 1 November 2019 be received and the information noted by the Council. |
11.7 Offer to Sell Council's Southern Phone Corporation Shares |
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Resolution 181119 Moved: Cr Nikki Cohen Seconded: Cr Geoff Wise That the Council: 1. Agree to the sale of Southern Phone shares to AGL Energy, in line with the share sale agreement as attached to the report. 2. Delegate to the General Manager authority to execute any relevant documentation necessary to give effect to the sale of the Southern Phone shares to AGL Energy. |
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Moved: Cr Geoff Wise Seconded: Cr Alan Mathers That the Council confirm that: 1. On 29 April 1997, the Moama Lions Community Village Committee was constituted as a Committee of Council under the provisions of section 377 of the Local Government Act 1993 to manage the Council’s low cost housing assets in Moama. 2. The land purchased by Council in August 2019 on the recommendation of the Moama Lions Community Village s.355 Committee at 12 Council Street Moama is to be used for the purpose of provision of low cost housing in Moama. The MOTION was LOST. |
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Moved: Cr Gen Campbell Seconded: Cr Geoff Wise That the matters, as referred to in the recommendation of the report on this item (ie the motion as listed above), be deferred to the Ordinary Meeting of Council of 17 December 2019 to allow for the review of Council’s s.355 Committees of Council to be completed; and the Moama Lions Community Village Committee to address the full council on their concerns. |
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The Foreshadowed Motion became the RESOLUTION. |
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Resolution 191119 Moved: Cr Gen Campbell Seconded: Cr Geoff Wise That the matters, as referred to in the recommendation of the report on this item (ie the motion as listed above), be deferred to the Ordinary Meeting of Council of 17 December 2019 to allow for the review of Council’s s.355 Committees of Council to be completed; and the Moama Lions Community Village Committee to address the full council on their concerns. |
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11.9 Murray River Council Customer Service Policy; and Customer Service Strategy |
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Resolution 201119 Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the Council: 1. Adopts the Murray River Council Customer Service Policy and places it in the Policy Register. 2. Receives and notes the Murray River Council Customer Service Strategy. |
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11.10 Murray River Council Customer Feedback & Complaints Management Policy |
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Resolution 211119 Moved: Cr Ann Crowe Seconded: Cr Tony Aquino That the Council adopts the Murray River Council Customer Feedback & Complaints Management Policy and places it in the Policy Register. |
12 Director Engineering Report & Supplementary Matters
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Resolution 221119 Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino That the Officer’s report on the Major Projects Progress Update as at 12 November 2019 be received and the information noted by the Council. |
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Resolution 231119 Moved: Cr Alan Mathers Seconded: Cr Geoff Wise That the Council adopts the Moulamein Flood Study which incorporates comments from Councillor workshop and Department of Planning Industry and Environment technical team from October 2019. |
13 Director Planning, Waste & Regulatory Services Report & Supplementary Matters
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13.1 Planning, Waste & Regulatory Services Directorate - Monthly Activity Report |
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Resolution 241119 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen That the Planning, Waste & Regulatory Services Directorate - Monthly Activity Report from 1 October to 31 October 2019 be received and the information noted by the Council. |
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13.2 Planning Proposal to amend the Wakool Local Environmental Plan 2013 - Tooleybuc short term growth management and strategic directions |
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Resolution 251119 Moved: Cr Tony Aquino Seconded: Cr Alan Mathers That Council proceed with the next stage of the Planning Proposal, per: 1. That Council endorse the Planning Proposal to rezone Part Lot 62 DP 756584 and Lots 1 to 7 DP 835945 to RU5 Village, remove the minimum lot size applying to Lots 1 to 7 DP 835945 and retain the operational land classification on Part Lot 62 DP 756584 and Lot 30 DP 263617. 2. That Council refer the Planning Proposal to rezone Part Lot 62 DP 756584 and Lots 1 to 7 DP 835945 to RU5 Village, remove the minimum lot size applying to Lots 1 to 7 DP 835945 and retain the operational land classification on Part Lot 62 DP 756584 and Lot 30 DP 263617 to the Department of Planning, Industry and Environment requesting a Gateway Determination to be issued. 3. That Council commence the process to discharge their interest in Part Lot 62 DP 756584 and Lot 30 DP 263617 in accordance with the legislative requirements of the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993. 4. That Council undertake the necessary tasks to obtain a Gateway Determination to progress this Local Environmental Plan amendment to completion. 5. That Council’s staff provide progress reports to the Council during the gateway process.
In Favour: Crs Chris Bilkey, Gen Campbell, Nikki Cohen, Tony Aquino, Ann Crowe, Alan Mathers, Thomas Weyrich and Geoff Wise Against: Nil Absent: Cr Neil Gorey carried 8/0 |
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13.3 Development Application 10.2019.201.1 - Installation of a Manufactured Home on Lot 28 DP 1202636, 16 Riverview Drive, Barham |
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Cr Gen Campbell declared a significant non-pecuniary conflict of interests in this matter, due to numerous conflicting reports that are unresolved relating to manufactured homes, took no part in discussion, tabled a written notice to the General Manager and left the meeting at 8:10pm. |
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Resolution 261119 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen 1. That the Officer’s report on Development Application 10.2019.201.1 for the installation of a Manufactured Home on Lot 28 DP1202636, 16 Riverview Drive, Barham be received and noted by the Council. 2. That Development
Application 10.2019.201.1 for the installation of a Manufactured Home on Lot
28 DP1202636, 16 Riverview Drive, Barham be granted development consent
In Favour: Crs Chris Bilkey, Nikki Cohen, Tony Aquino, Ann Crowe, Alan Mathers and Geoff Wise Against: Cr Thomas Weyrich Absent: Cr Neil Gorey Declared Interest: Cr Gen Campbell carried 6/1 |
At this stage of the meeting, being 8:13pm, Cr Gen Campbell returned to the meeting.
There were no questions on notice submitted to the meeting.
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Resolution 271119 Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the Correspondence Report be received and the information noted by the Council. |
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Resolution 281119 Moved: Cr Alan Mathers Seconded: Cr Nikki Cohen 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. The Deputy Mayor, Cr Alan Mathers advised the Council that, as reported, he attended the MRSG Dinner Meeting with Shadow Minister for Water & Environment, Hon Terri Butler on 14 November 2019 in Deniliquin not Griffith; and added that on 20 November 2019 he attended the Waterpool Water Summit “Busting the Myths” in Moama. Cr Gen Campbell advised the Council that, as reported, she did not attended the ‘Meet the Council’ Session in Moulamein on 18 November 2019; the Waterpool Water Summit “Busting the Myths” in Moama on 20 November 2019; and St Joseph’s College Echuca Graduation Mass in Echuca on 21 November 2019. Cr Geoff Wise advised the Council that, in addition to his report, he also attended the Bunnaloo Recreation Reserve Management Committee Meeting on 12 November 2019 in Bunnaloo. |
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Resolution 291119 Moved: Cr Geoff Wise Seconded: Cr Ann Crowe That as provided in the Local Government Act 1993, Section 10A(2), and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, the Council move into Closed Council at 8:16pm to consider the confidential report(s) listed below: 17.1 Confidential Resolutions of the Council - InfoCouncil Action Report This matter is considered to be confidential under Section 10A(2) - d(iii) 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, reveal a trade secret. 17.2 Staff Matter This matter is considered to be confidential under Section 10A(2) - a 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 personnel matters concerning particular individuals (other than councillors). |
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17.3 Manager Economic Development & Tourism - Monthly Report 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. 17.4 Purchase of Land - Moama 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. 17.5 Proposed Barham Micro Abattoir - Update 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. 17.6 Murray River Council 2020 Australia Day Awards This matter is considered to be confidential under Section 10A(2) - d(iii) 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, reveal a trade secret. 17.7 Strategic Support for Water Dependent Community Businesses 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. 17.8 Moama Water Treatment Plant - Noise Pollution Rectification 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. 17.9 Recommendation for Award of Contract Number C1927 for Construction of Merran Creek Bridge on Fickens Lane, Gonn and Cockrans Creek Bridge on Rangemore Road, Burraboi. 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.
17.10 Tender C1802 for Road Paving Patcher Truck 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. |
During consideration of the Confidential Reports, and due to the meeting running overtime, the Mayor, Cr Chris Bilkey, called for the meeting to be closed and the balance of Council business contained in the Confidential Reports to the meeting, being Items 17.6, 17.7 and 17.10, be deferred to the Ordinary Meeting of Council of 17 December 2019.
A resolution to that effect was passed by the Council in Closed Council.
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Resolution 301119 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen That the Council moves out of Closed Council into Open Council at 9:03pm. |
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Resolution 311119 Moved: Cr Alan Mathers Seconded: Cr Tony Aquino That the Council brings forward the resolutions from Closed Council into Open Council and these be read aloud. |
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17.1 Confidential Resolutions of the Council – InfoCouncil Action Report Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers RESOLVED That the Council receives and notes the status of previous resolutions of the Council (in Closed Council) contained in the InfoCouncil Action Report. 17.2 Staff Matter Moved: Cr Nikki Cohen Seconded: Cr Geoff Wise RESOLVED That the Council grant annual leave, as outlined in the report, to the General Manager, as requested.
17.3 Manager Economic Development & Tourism – Monthly Report Moved: Cr Nikki Cohen Seconded: Cr Geoff Wise RESOLVED That the Manager Economic Development & Tourism – Monthly Report for the month of November 2019 be received and the information noted by the Council. 17.4 Purchase of Land – Moama Moved: Cr Alan Mathers Seconded: Cr Geoff Wise RESOLVED That the Council: 1. Receive and note the contents of the Officer’s report on the Purchase of Land in Moama. 2. Endorse the actions of the Mayor and General Manager in purchasing the land, as contained in the report. 17.5 Proposed Barham Micro Abattoir – Update Moved: Cr Nikki Cohen Seconded: Cr Ann Crowe MOTION That should Council’s applications for funding, through the Growing Local Economies Fund and the Drought Communities Program, be successful and subject to reaching satisfactory agreements with the funding bodies, Council will: (a) Agree to hold ownership of the Barham Micro Abattoir. (b) Agree to project manage the construction and commissioning of the Barham Micro Abattoir. (c) Commit to negotiate a long-term lease of lease to purchase agreement with Murray Plains Meat Cooperative for operation of the Barham Micro Abattoir. (d) All of the above are subject to Council receiving a further detailed report following offers of funding for the project. The report will include an updated feasibility study, business case and details of the negotiated lease with Murray Plains Meat Cooperative for the Council’s consideration before final acceptance of the funding offer and Council’s agreement to proceed with the project. The MOTION was LOST. 17.8 Moama Water Treatment Plant – Noise Pollution Rectification Moved: Cr Alan Mathers Seconded: Cr Geoff Wise RESOLVED That Council approves funding up to $70,000 to attenuate the noise pollution created by the Moama Water Treatment Plant. 17.9 Recommendation for Award of Contract Number C1927 for Construction of Merran Creek Bridge on Fickens Lane, Gonn and Cockrans Creek Bridge on Rangemore Road, Burraboi Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen RESOLVED That Council awards Contract Number C1927 for the construction of Merran Creek Bridge on Fickens Lane, Gonn and Cockrans Creek Bridge on Rangemore Road, Burraboi to Murray Constructions (Pty) Ltd for the sum of $1,432,600 excluding GST. |
There were no notices of urgent business submitted to the meeting.
THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 9:06PM.
The next Ordinary Meeting of Murray River Council will be held on Tuesday 17 December 2019, commencing at 6:00pm, in the 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 November 2019, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 17 December 2019.
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MAYOR