AGENDA

 

Ordinary Council Meeting

Tuesday, 15 December 2020

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

Date:

Tuesday, 15 December 2020

Time:

10:00am

Location:

Council Chambers

Moama Administration Office

52 Perricoota Road, Moama

Des Bilske

Chief Executive Officer

 


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

Order Of Business

1          Opening Meeting.. 5

2          Acknowledgement of Country.. 5

3          Apologies & Applications for a Leave of Absence.. 5

4          Confirmation of Minutes.. 6

4.1            Confirmation of Minutes - Ordinary Meeting of Council 24 November 2020. 6

5          Disclosures of Interests.. 20

6          Mayoral Minute(s) 20

Nil

7          Reports of Committees. 20

Nil

8          Reports to Council. 21

8.1      Chief Executive Officers Report and Supplementary Matters. 21

8.1.1     Resolutions of the Council - Resolution Tracker & InfoCouncil Action Reports. 21

8.2      Director Shared Services Report and Supplementary Matters. 24

8.2.1     Financial Statements & Investments as at 30 November 2020. 24

8.2.2     Draft Minutes of the Audit & Risk Committee Meeting - 18 November 2020. 29

8.2.3     Murray River Council 2019-2020 Annual Report 34

8.2.4     Presentation of Financial Reports & Auditor's Report for the Year Ended 30 June 2020  35

8.3      Director Operations and Major Projects Report and Supplementary Matters. 54

8.3.1     Murray River Coucil Report on Water Management 54

8.3.2     Major Projects Progress Update. 61

8.3.3     Proposed Road Closure of Unnamed Road from Ham Road through to Thyra Road, Parish of Caloola, Moama. 64

8.3.4     Recommendation for the Award of Contract Number C2015 for the Construction of Nacurrie Road North/Middle Creek Bridge and Nacurrie Road South Merran Creek Bridge. 70

8.4      Director Planning and Environment Report and Supplementary Matters. 73

8.4.1     Murray River Council Draft Companion Animal Breeding Policy. 73

8.4.2     Draft Murray River Local Environmental Plan 2021. 83

8.4.3     Planning, Waste & Regulatory Services Directorate - Monthly Activity Report 103

8.5      Director Community and Economic Development Report and Supplementary Matters  128

8.5.1     Councillor Attendance at 2021 Australia Day Events. 128

8.5.2     Murray Downs Riverside Park Management Committee - Nominations. 130

8.6      Correspondence Report 132

8.6.1     Correspondence Report 132

8.7      Sundry Delegates Report 177

8.7.1     Sundry Delegates Report 177

9          Notice of Motions/Questions with Notice.. 180

9.1            Notice of Motion - Requested update on Ethanol Plant and Murray River Energy. 180

10       Confidential Matters.. 181

10.1          Murray River Council 2021 Australia Day Awards. 181

11       Conclusion of Meeting.. 182

 

 


1            Opening Meeting

2            Acknowledgement of Country

3            Apologies & Applications for a Leave of Absence


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

4            Confirmation of Minutes

4.1         Confirmation of Minutes - Ordinary Meeting of Council 24 November 2020

File Number:           -

Author:                    Lindy Leyonhjelm, Executive Assistant

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the minutes of the Ordinary Meeting of Murray River Council held on 24 November 2020 be confirmed as a true and correct record.

 

Discussion

Murray River Council held its Ordinary Meeting of Council on Tuesday 24 November 2020, commencing at 6:00pm in the Council Chambers, Moama administration office, 52 Perricoota Road, Moama.

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

Attachments

1.       Ordinary Meeting of Council 24 Nov 2020 - MINUTES

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

5            Disclosures of Interests

6            Mayoral Minute(s)

Nil

7            Reports of Committees

Nil


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8            Reports to Council

8.1         Chief Executive Officers Report and Supplementary Matters

8.1.1      Resolutions of the Council - Resolution Tracker & InfoCouncil Action Reports

File Number:           -

Author:                    Lindy Leyonhjelm, Executive Assistant

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the Council receives and notes the status of previous resolutions of Council (in open and closed Council) contained in both the manual Resolution Tracker and InfoCouncil Action Reports.

 

Background

In September 2018 a manual Resolution Tracker (pertaining to the resolutions of the previous Council meetings) was introduced as part of the General Manager’s report to each Council meeting to allow Councillors to review the current status (actions by Council’s officers) of their decisions (resolutions).

In November 2018, Council introduced a software program called InfoCouncil. Resolutions of the Council that require action/s after each Council Meeting are automatically generated in InfoCouncil to the relevant Council officer for their action and comment.

Subsequently, the manual Resolution Tracker is now superseded by the InfoCouncil Action Report. Once all resolutions in the manual Resolution Tracker have been completed by Council’s officers, the document will be archived.

Discussion

The manual Resolution Tracker (Attachment 1) comprises ‘active’ resolutions from meetings of the Council held in August to October 2018 (prior to the implementation of InfoCouncil) that require action by Council’s officers. Resolutions that are reported by Council’s officers as complete will drop off the ‘active’ list.

The InfoCouncil “Open” Action Report (Attachment 2) comprises ‘active’ resolutions from meetings of the Council held since the introduction of InfoCouncil in November 2018 that require action by Council’s officers. Comments provided on the action are shown below each active resolution of the Council. Resolutions that are reported by Council’s officers as complete will drop off the ‘active’ list.

The InfoCouncil “Closed” Action Report (Attachment 3) comprises ‘active’ resolutions from meetings of the Council held since the introduction of InfoCouncil in November 2018 that require action by Council’s officers. Comments provided on the action are shown below each active resolution of the Council. Resolutions that are reported by Council’s officers as complete will drop off the ‘active’ list.

 

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?

Council’s officers do not action the resolutions of the Council.

·        How can it happen?

Resolutions from Council Meetings not being recorded in a systematic fashion.

·        What are the consequences of the event happening?

Actions, because of the resolutions of the Council, not being completed in a timely manner or at all.

·        What is the likelihood of the event happening?

Low.

·        Adequacy of existing controls?

Use of the report and minute system, InfoCouncil, which automatically forwards actions (as a result of the resolutions of the Council) from Council Meetings to the relevant Council officer (report writer) after the completion of the minutes of a Council Meeting. A report can then be generated on the status of incomplete/outstanding actions.

·        Treatment options to mitigate the risk?

Due diligence undertaken by Council’s officers (administration and report writers).

Conclusion

The Resolution Tracker and Action Reports are presented to Councillors for information.

Attachments

1.       No reports available this month

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

 

 

Placeholder for Attachment a

Resolutions of the Council - Resolution Tracker & InfoCouncil Action Reports

No reports available this month

 


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.2         Director Shared Services Report and Supplementary Matters

8.2.1      Financial Statements & Investments as at 30 November 2020

File Number:           -

Author:                    Peter Arthur, Contract Accountant

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That

1.   The Officer’s report on council’s Financial Statements, Bank Reconciliations and Investments as at 30th November 2020 be received and noted

 

2.   The report detailing the Council’s Position of $52,912,822.22 as at 30th November 2020 is received.

 

3.   The report detailing Council’s investment balance of $48,820,567.91 as at 30th November 2020 is received.

 

 

Background

Discussion

REPORT - BANK RECONCILIATION

Shown below are the Financial Statements, Bank Reconciliations and Investments for the period ending 30th November 2020.

STATEMENT OF BANK BALANCES AS AT 30th NOVEMBER 2020 OF COUNCIL’S COMBINED ACCOUNTS

 

 

 

 

 

 

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 30th November 2020.

Des Bilske

Responsible Accounting Officer

REPORT - INVESTMENTS AS AT 30th NOVEMBER 2020

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 $48,820,567.91 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

Continual low interest rates may have a negative impact on the expected interest revenue.

Policy Implications

Investments are made in accordance with the Council’s Investment Policy which was adopted on the 27 October 2020.

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 30th November 2020.

 

Attachments

Nil


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.2.2      Draft Minutes of the Audit & Risk Committee Meeting - 18 November 2020

File Number:           -

Author:                    Sandra Gordon, Manager Risk

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the Officer’s report on the Draft Minutes of the Audit & Risk Committee Meeting - 18 November 2020 be received and the information noted by the Council.

 

 

Discussion

The Audit and Risk Management Committee met on the 18 November 2020 and a draft copy of the minutes of that meeting are attached for the information of Councillors.  The minutes are subject to confirmation by the Committee at its next meeting in February 2021.

Attachments

1.       Draft Audit & Risk Committee Meeting - 18 November 2020

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.2.3      Murray River Council 2019-2020 Annual Report

File Number:           -

Author:                    Sandra Gordon, Manager Risk

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the report on the Murray River Council 2019-2020 Annual Report be received and the information noted by Council.

 

 

Discussion

Local councils in NSW are required to prepare an Annual Report in accordance with the Local Government Act 1993 and Regulations and in line with the Integrated Planning and Reporting guidelines.  The Annual Report focusses on Council’s implementation of its Delivery Program and Operational Plan.

The report also includes information that is prescribed in the Local Government (General) Regulations 2005 to help the community understand how the Council has been performing both as a business entity and a community leader.

A copy of the Report is provided for Councillor’s information under separate cover and is published to Council’s website as required.

 

Attachments

1.       Murray River Council  2019-2020 Annual Report (under separate cover)  

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.2.4      Presentation of Financial Reports & Auditor's Report for the Year Ended 30 June 2020

File Number:           -

Author:                    Kris Kershaw, Manager Finance

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the Manager Finance report on presentation of the 2019-20 Financial Statements and associated auditor reports for the year ended 30 June 2020 be received and noted;

 

Background

Pursuant to Section 419 of the Local Government Act, 1993, the following reports have been issued by the external auditor for the year ended 30 June 2020, along with the audited 2019-20 Financial Statements, and are presented to Council for consideration:

 

·    2019-20 Financial Statements

·    Report on the Conduct of the Audit 2020

·    Independent Auditor’s Report General Purpose Financial Statements (GPFS)

·    Independent Auditor’s Report Special Purpose Financial Statements (SPFS)

·    Independent Auditor’s Report Special Schedule – Permissible Income for General Rates

 

Councillors already have received the audited Financial Statements as part of the November 2020 Council Meeting agenda. A hard copy of the 2019-20 Financial Statements will be tabled at the meeting.

 

Copies of Council’s Financial Statements and the Auditor’s Reports have been made available for inspection by the members of the public on Council’s website. Copies were not placed at Council offices due to COVID-19 restrictions. Public submissions close at 5.00pm on Monday 14 December 2020. At the time of writing this report no submissions had been received.

 

Council has requested that a representative from Council’s external auditors, Crowe Australasia, join the council meeting via Teams and present to Council the ‘Report on the Conduct of the Audit 2020’. Crowe Australasia Auditor, Mr Brad Bohun, did attend Council’s November 2020 Council Meeting to provide an update to the Councillors and his attendance at the December 2020 meeting will close off the audit process for the 2019-20 Financial Year.

 

Discussion

Refer to the attached report

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

This report has no budgetary implications. The Annual Financial Statements presents the financial position of the Council as at 30 June 2020, and details of the funds available for projects.

Policy Implications

Nil

Legislative Implications

Local Government Act 1993, s. 415-421

Risk Analysis

·        What can happen?

Failure to comply with financial reporting requirements of the LGA

·        How can it happen?

Not applying the resources required to meet the requirements

·        What are the consequences of the event happening?

Breach of the LGA and inability to finalise audited annual financial statements

·        What is the likelihood of the event happening?

Likely if resources are not applied

·        Adequacy of existing controls?

Adequate

·        Treatment options to mitigate the risk?

Apply sufficient skilled resources to meet the requirements

Conclusion

Murray River Council’s Financial Statements have been prepared and audited and an unqualified audit opinion has been provided.

Attachments

1.       Report on the Conduct of the Audit 2020

2.       Independent Auditor's Report GPFS 2020

3.       Independent Auditor's Report SPFS 2020

4.       Independent Auditor's Report  Special Schedule 2020

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.3         Director Operations and Major Projects Report and Supplementary Matters

8.3.1      Murray River Coucil Report on Water Management

File Number:           -

Author:                    Scott Barber, Director Operations and Major Project

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the Council note the report containing current operational water management transactions and practices.

 

Background

According to the Bureau of Meteorology, rainfall deficiencies have affected most of the New South Wales, Queensland and South Australian parts of the Murray–Darling Basin since the start of 2017.

When compared to other 33-month periods commencing in January, the 33 months from January 2017 to September 2019 has been the driest on record averaged over the Murray–Darling Basin (34% below the 1961–1990 average).

The Basin has also been the driest on record for the 21 months from January 2018 to September 2019, whilst the 27 months from July 2017 to September 2019 rank second; only the 1900–02 peak of the Federation Drought has been drier.

The dry conditions of the last three years have been particularly severe during the cool season, which is important in many regions for generating runoff. Figure 1 shows below average rainfall.

Figure1: Total Rainfall as a Percentage of the mean - 1 November 2018 to 31 October 2019.

Council prepared a report in December 2019 containing a framework to:

·    Secure water for future demands

·    Insulate urban businesses from the volatility of the temporary water market

·    Consolidate Council’s water licence to minimise regulatory approval requirements and reducing red tape

Council rejected this framework at that time, and accordingly this work was not progressed except where Councillors directed Management to:

·    Legally place water into Moulamein Off-river Water Storage

·    Meet its water supply requirements wherever needed by the community

Councils water supply is represented in Figure 2.

 

Figure 2: Filtered Water Supply Schematic Diagram

In 2021, Council will revisit the draft Framework with Councillors. The objective is to develop a future Murray River Council Water Security Strategy to ensure that Council can supply water for population growth and open space development.

Discussion

During the last 12 months Council water supply has remained secure and the demand has dropped due to improved rainfall received. Figure 3 shows that the rainfall has improved with a large portion of the Council receiving above average rainfall.

 

 

 

 

 

 

Figure 3: Total Rainfall as a Percentage of the mean - 1 November 2019 to 31 October 2020.

As decided in December 2019, Council has managed its water consistent with existing practice, ensuring its highest priority is a secure water supply for residents, provide water to Moulamein off-river storage and for developers to provide a contribution to MRC Water Supply as per the Murray Shire Council Policy Document POL100.V36.

Table 1:  Murray Shire Council Policy Document POL 100.V36

 

Where a policy exists for one Council and not another pre-amalgamation, MRC is obligated to apply the existing Policy to the Murray River Council. 

 

 

Consistent with the decision in December 2019, Council continues to manage;

·    separate water orders across individual water accounts

·    reconcile orders against 25 separate meters

·    review separate water balances for 23 different licences, across 7 licence categories, 3 water sources

·    measure 18 separate Works Approvals

·    hold 4 separate internet accounts (iWAS).

·    two Murray Irrigation Limited accounts

·    four Murray Irrigation outlets

·    1 connection to a Victorian Local Water Utilities; and

·    2 separate irrigation trusts

 

Table 2: MRC Water Supply and 2019/20 Water Usage

Towns

Licence Category

Shares (Available)

Usage ML 2019/20*

Comments

Barham

LWU

 

1500

 

933.9

Trade to Moulamein Storage 200ML – DPIE approved December 2019 as per existing practice. Working to link licence to works.

Mathoura

 

Picnic Point

LWU

GW

 

LWU (GW)

HS

410

0

 

2

26

218.2

0

 

0

19.6

 

Emergency if Gulpa Creek stops flowing

Moama

LWU

D&S

D&S

D&S

HS

GS

GS

GS

1705

128

20

128

12

142

145

134

1705

41.3

9.0

0

0

4.2

4.4

0

Used all allocation, then other licences.

Shared Licence.

Moulamein

 

S355 Committee

Billabong Ck

Billabong CK

LWU

GS

GS

D&S

GS

400

30

200

4

27

293.2

29.1

0

0.0

8.2

 

 

Not MRC Control at this time, but is a Section 355 Committee Asset.

Murray Downs

LWU

LMW

62

N/A

71.2

 

*NRAR Warning letter – Barham trade.

Koraleigh

Bungunya-Koraleigh Irrigation Trust

0

18.2

Need to consider MRC to have its own licence based on cost. Consider zero share LWU licence. Previously transfer water from council licences until Menindee held less than 480GL. At this point purchased temporary market water.

Tooleybuc

LWU

GS

Supp

425

108

6

277.0

90.2

0.0

 

Shared with Tooleybuc Sporting Club

 

Wakool

Class A

166

134.7**

MRC share within Murray Irrigation licence

Bunnaloo

Class A

34 (tbc)

38.6**

MRC share within Murray Irrigation licence

Womboota

West Cadell Irrigation Trust HS

25

9.8

Not owned by MRC

*WaterNSW Internet Water Accounting System (iWAS)

**Murray Irrigation Customer Portal

 

Table 2 shows that Council has enough entitlement to satisfy current demands, a policy to cater for new developments which needs implementation over the whole Council.

 

Areas of future work for Council

·    refine town water supply options where water is delivered by external irrigation businesses or trusts

·    consider increased water demands when developing open spaces into green areas

·    create a strategic approach which protects the community from drought and high temporary water prices

·    explore and develop alternative water supplies and charge the appropriate Council fund accordingly – e.g. stormwater and wastewater reuse infrastructure and technology

·    invest to improve water supply network efficiency

·    incentive water saving and usage using smart meter information

·    optimise water account management as per the relevant Water Sharing Plans rules

Table 3: 2019/2020 Water Trades

Date

From

To

Volume (ML)

19-12-2019

Barham (LWU)

Moulamein Lake Committee

100.0

23-04-2020

Moama (GS)

Moulamein Rec Reserve (GS)

20.0

29-06-2020

Moama (HS)

Moama (GS)

11.6

29-06-2020

Mathoura (HS)

Moama (GS)

3.8

30-06-2020

Barham (LWU)

Murray Downs (LWU)

9.1

 

Council Water Management and Market Decision Making Approach

Product

Description

Strategy

Comment

Permanent Entitlement

Entitlement is the most basic and stable water market product. Trading of Share Components.

Buy

High and General Security portfolio for allocation optimisation below the choke from NSW, VIC and SA. Mix must optimise allocation tools such as carryover.

Sell

Temporary Allocation

Trade of water allocated to the market once it considered available within the storages.

Buy

!

Emergency only

SPAL trades and transfers are difficult and can damage reputation if considered inconsistent with intended purpose. Only apply to transfer to urban water-dependent businesses.

Creation of a Council Water Share Portfolio will secure water for our community and commercial arrangements setup for our communities.

Sell

Forward Allocation Agreements

Allows water users to budget their water purchases with certainty, avoiding seasonal volatility experienced acting on the Spot Market.

Either be intra or inter water year, backed by a contract which details the agreed volume, price and delivery date.

Buy

Council does not need to buy for its own purposes at this time.

 

Gives some protection to community water users from high spot prices, and allows Council to manage trades and allows a regular income when the spot market is cheap.

Sell

Long Term Entitlement Leasing (from a 3rd Party)

Long Term Entitlement Leases –offers irrigators long term entitlement security whilst guaranteeing a return to the owner of the entitlement.

Buy

With rising entitlement value, irrigators seek ways to secure their water requirements without buying it themselves.

No apparent benefit for Council at this time.

Internal Transfers of Water

Transfer of available allocation from one MRC licence to another, where available and not at the risk of the annual water security for any part of Council’s supply.

N/A

This enables Council to meet its existing water supply commitments without cost to ratepayers. This is acceptable in the short-term. Needs reassessment if water usage increases significantly.

 

Strategic Implications

1 - Strategic Theme 1: Built/Physical Environment

1.4 - Effectively plan for, improve and maintain water, sewer and waste

1.4.1 - Plan and develop long-term Integrated Water Cycle Management Strategy taking into account climate change, water security for towns and industry (including agriculture), sustainable demand and growth, and the natural environment

Budgetary Implications

Nil as Council is using its water for communities where needed and has stopped buying it from the market at ratepayers cost.

Developers contribute water to MRC based on volume per connection for growth of the Council townships.

Council can use the Water Fund to pay for activity that creates alternative water supply and/or reduces water extraction from existing sources.

Policy Implications

Murray Shire Council Policy Document POL100.v36

Legislative Implications

Water Management Act 2000.

Local Government Act 1993.

Risk Analysis

·        What can happen?

Licence usage and management compliance issues or lost opportunities

·        How can it happen?

Risk associated with maintaining a large number of separate licences of different types, with different owners and methods of management

·        What are the consequences of the event happening?

1.   Natural Resources Access Regulator penalties

2.   Allocated water forfeits at the end of the water year

3.   Town water supplies not optimised

4.   Additional costs to ratepayers

·        What is the likelihood of the event happening?

Medium

·        Adequacy of existing controls?

Medium

·        Treatment options to mitigate the risk?

Training and documentation of the MRC Licence Portfolio

Conclusion

Council can manage its water more efficiently and may consider creating a water management framework for its licences by town, by type and linked to relevant pumps and offtakes for times of need and create an investment strategy for future growth.

Attachments

Nil


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

 

8.3.2      Major Projects Progress Update

File Number:           -

Author:                    Jan Donald

Authoriser:             Scott Barber, Director Operations and Major Project

 

Recommendation

That the Council receives and notes the report on the Major Projects Progress Update as at 1 December 2020.

 

purpose

To inform elected officials and the community about the progress of externally and internally funded “one-off” major infrastructure projects.

DISCUSSION

After a very productive 2019/20, Council has delivered a significant number of high value projects across the Murray River Council Local Government Area. This work is continuing into 2020/21 with new funding programs and projects enabling more to be provided to our communities.

Council received a Major Projects report on 24 November 2020 and the financial reports have not changed significantly since that time. This is an update of any changes since mid-November.

PROJECT UPDATES

Aerial Imagery Capture

All township imagery has been completed with the rural capture underway with 25% of the project area completed to date.  Another 3 days of good weather are required to complete the remaining area.

Barham Recreation Reserve – Multi Sports Pavilion – Stage 1 & 2

Furniture has now been received, fencing is complete and playground installation is due mid-December.  Tree and garden planting have commenced and the drink station installation is complete. Driveway and parking crushed rock installation have also started, and new entry designs have been received.

Barham Recreation Reserve (Showground Stimulus Funding)

Plastering is complete and new doors are installed in the Lawson Pavilion. Water stations are installed and ground seating has been assembled, awaiting installation.  Entry box confirmed for installation mid-January 2021.  Survey of main entry completed and received.  Carpark and internal road lighting commenced with the lights ordered and awaiting delivery.

Mathoura – Picnic Point Beach Upgrade

Design modelling and concept design was presented to Council and a community consultation meeting was held on 26 November.  The community decided to forego the sand and have a clay beach with a retaining wall with a 300mm step.  The alternative design will be reviewed by Haskoning Australia and input will be sought from State Agencies.

Moama Business Park – upgrade water pressure pump

Essential Energy have now installed the power connection to the pump late November so now the internal works can be completed.

Moama – Zone 3 Off Leash Park

Additional fence and rear entry work to the area have now been completed.

Moama – Foreshores Development – Horseshoe Lagoon

Feature / topographical survey completed.  Request for Quotation (RFQ) for geotechnical investigation closed and appointment of consultant in progress.  Next RFQ will be the detailed design works.

Moama – Foreshores Development – Beach Amenities Block

Feature / topographical survey completed.  RFQ for water, sewer and electrical design completed and appointment of consultant in progress.  RFQ for supply of the toilet block has been listed on Tenderlink.

Murray Downs – Foreshores development Riverbank Park

Final design plans received from consultant for review and comment.

Transport Asset Condition Assessment & Valuation

Data has been finalised and the valuation component is now in progress.

Wakool Recreation Reserve (Showground Stimulus)

RV dump point and signage has been delivered.  Contractor has been engaged to undertake the Netball court line markings.  Storage shed construction complete.  Power head upgrades awaiting contractor.  Existing amenities pavilion contractor commenced demolition works.

 


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

Major Projects completed in the last 24 months

Location

Project Title

Construction Complete

Barham

Community Hub – Stage 1

July 2020

Barham

Recreation Reserve Skate Park

March 2019

Barham

Bridge Road Access

December 2019

Barham

Riverside Park Development – Pontoon

October 2020

Mathoura

Recreation Reserve Pavilion Ext, Kitchen & Bar

May 2019

Mathoura

Picnic Point Development (footbridges)

June 2020

Mathoura

Picnic Point Boat Ramp

July 2020

Moama

Recreation Reserve Zone 4 Lights / Criterion Track/ Landscape

March 2019

Moama

New Office Car Park Upgrade

December 2019

Moama

Recreation Reserve Road Sealing and Drainage

December 2019

Moama

HQ refurbishment Stage 1

January 2020

Moama

Rec Reserve Zone 2 – Installation of sports field lighting, car park upgrade, field extension (Eddy Oval)

August 2020

Moama

Rec Reserve Zone 3 – Off Leash Area (due for completion end of August)

August 2020

Moama

Moama Recreation Reserve – Showground Stimulus Funding

October 2020

Moulamein

Merran Creek Bridge - Moulamein-Swan Hill Road

June 2020

Moulamein

Pre-School

October 2020

Moulamein

South Rec Reserve renewal surface and lights and shelter shed / Tennis courts

June 2020

Tooleybuc

Recreation Reserve Irrigation System Upgrade

January 2020

Tooleybuc

Foreshores Development - Pontoon

November 2019

Tooleybuc

Mensforth Park Footpath and Lighting

November 2019

Tooleybuc

Mensforth Park Upgrade

March 2020

Tooleybuc

Recreation Reserve Amenities Building

October 2020

Wakool

New Toilet Block

July 2020

Various

Playgrounds – Wakool Rec Reserve, Moulamein South Rec Reserve, Tooleybuc Mensforth Park, Moama Adventure Playpark, Wakool Township Exercise Equipment

July 2019

 

CONCLUSION

Majority of projects are on track with minimal delays due to COVID19 border closure and restrictions. The report re-design will reflect the remaining works and funding of existing projects along with any new projects identified – your feedback on improvements is welcome.

Attachments

Nil

           


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.3.3      Proposed Road Closure of Unnamed Road from Ham Road through to Thyra Road, Parish of Caloola, Moama

File Number:           -

Author:                    Fiona Hendry, Administration Officer

Authoriser:             Scott Barber, Director Operations and Major Project

 

Recommendation

1.   That Council approve the closure of the un-named public road between Ham Road and Thyra Road, Parish of Caloola, adjacent to Lot 1, DP 1011322.

2.   The proposed closure be notified in accordance with Part 4, Division 3 of the Roads Act 1993.

3.   All costs associated with the closure be the responsibility of the applicant.

4.   Councils seal be affixed to all documents relating to the road closure

 

Background

Council has received an application to close un-named public road between Ham Road and Thyra Road, Parish of Caloola, adjacent to Lot 1, DP 1011322 as shown in red in attachment 1.

The applicant owns the land on one side of the unnamed public road proposed for closure. This “paper” road is not maintained by Council. As such the road will vest in the Crown upon closure with the facilitation of the subsequent sale being the responsibility of the Department of Industry – Lands.

Discussion

Discussion The road has not been maintained by Council as a public road and is superfluous to Council’s needs.

The road is used by adjoining property owners as a primary access to their properties.  The applicant has proposed the relocation of access to Ham road at their own cost.

The applicant is seeking to close the road to limit access to their property for security reasons. If the closure is approved, it will significantly reduce the possibility of theft for both property owners. This would also decrease the risk of fire, as the road is not maintained by Council.

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.4 - Develop and pursue advocacy on behalf of the community

5.4.1 - Pursue advocacy on key issues of importance to the community and Council

Budgetary Implications

Nil

Policy Implications

Nil.

Legislative Implications

Roads Act 1993.

Risk Analysis

·        What can happen?

The existing road remains open, with limited maintenance performed by Council

·        How can it happen?

Status quo is maintained

·        What are the consequences of the event happening?

Possible risk of fire, possible theft to adjoining properties. Traffic safety risk.

·        What is the likelihood of the event happening?

Medium

·        Adequacy of existing controls?

Limited

·        Treatment options to mitigate the risk?

Council to pass a resolution to close the unused road.

Conclusion

The road is superfluous to Council’s needs and the proposed road closure complies with the Roads Act 1993. Council has no services within the area that will be affected by the closure. All costs associated with the proposed closure and relocation of the existing property access will be at the applicant’s expense.

Attachments

1.       Road Closures - Ham Road through to Thyra Road, Caloola, Moama

2.       REGIONAL MAP UNNAMED ROAD FROM HAM ROAD THROUGH TO THYRA ROAD, PARISH OF CALOOLA, MOAMA

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.3.4      Recommendation for the Award of Contract Number C2015 for the Construction of Nacurrie Road North/Middle Creek Bridge and Nacurrie Road South Merran Creek Bridge

File Number:           -

Author:                    Onisimo Mukodi, Manager Design, Capital Works & Projects

Authoriser:             Scott Barber, Director Operations and Major Project

 

Recommendation

That Council:

1.   Awards Contract Number C2015 for the construction of Nacurrie Road North/Middle Creek Bridge in Moulamein and Nacurrie Road South/Merran Creek Bridge in Mellool to Tenderer 3 for the sum of $948,600.00excluding GST; and

2.   Council approves the refurbishment of Noorong Road/St Helena Creek Bridge in Mellool be deferred to 2021/22 and the $200,000 allocated to it in the current budget be re-allocated to Nacurrie Road North/Middle Creek Bridge and Nacurrie Road South/Merran Creek Bridge Project to top up the $800,000 grant secured under the Local Roads and Community Infrastructure Program.

 

Background

There are seven timber bridges which are yet to be replaced under Council’s Bridge Replacement Program. Of these, Nacurrie Road North/Middle Creek Bridge in Moulamein and Nacurrie Road South/Merran Creek Bridge in Mellool (the Bridges) were nominated for replacement this financial year under the Australian Government Local Roads and Community Infrastructure Program (LRCI Program).

The proposed structures are reinforced concrete bridges, designed to current Bridge Design Code (AS5100) with a design life of 100 years. They are low maintenance, easy to build, based on the modular design successfully used by Council on timber bridge replacement projects in recent years. The Bridges when completed, will provide last mile/farm gate link to the regional road network for higher mass limit freight and high productivity farm machinery.

Discussion

Council sought tenders from suitably qualified and experienced contractors for the construction of the Bridges. The request for Tenders was advertised in The Sydney Morning Herald, local newspapers, Council website and internet tender portal Tenderlink. Tenders were open for 31 days. At the close of the tender period, four confirming tenders were received as follows (prices include GST):

1.       Tenderer 1                                                          $1,313,620.00

2.       Tenderer 2                                                          $1,179,719.00

3.       Tenderer 3                                                          $1,043,460.00

4.       Tenderer 4                                                          $1,219,396.20

 

The tender evaluation panel determined that Tenderer 3, the preferred tenderer, satisfied the mandatory work health and safety requirements and has adequate resources, experience and capacity to deliver the Bridges. Tenderer 3’s price was unanimously evaluated as offering the best value for money. The considerations by the tender evaluation panel are discussed in detail in the Tender Evaluation Report and are summarised in the Tender Evaluation Scoresheet attached to this report.

Strategic Implications

1 - Strategic Theme 1: Built/Physical Environment

1.3 - Improve and maintain community infrastructure

1.3.1 - Plan and advocate for key river access areas including boat ramps, wharves and bridges (Barham, Moama, Murray Downs, Tooleybuc)

Budgetary Implications

The Bridges were nominated for replacement this financial year under the Australian Government Local Roads and Community Infrastructure Program (LRCI Program), $800,000 was secured with a delivery deadline of 30 June 2021. Based on the market response through the open public tender, a budget of $1,000,000 is required to deliver the Bridges.

It is therefore requested that Council approves refurbishment of the Noorong Road/St Helena Creek Bridge in Mellool be deferred to 2021/22 and the $200,000 allocated to it in the current budget be re-allocated to Nacurrie Road North/Middle Creek Bridge and Nacurrie Road South/Merran Creek Bridge Project to top up the $800,000 grant secured under the Local Roads and Community Infrastructure Program.

The proposed transfer of funds has the support of Council’s Finance Department. The transfer of $200,000 will result in no change in Councils 2020/21 budget bottom line.

Policy Implications

Murray River Council Procurement Policy (POL205).

Murray River Council Transport Assets Management Policy (POL300).

Legislative Implications

Local Government Act 1993.

Local Government (General) Regulations 2005.

Office of Local Government Tendering Guidelines for NSW Local Government.

Risk Analysis

·        What can happen?

The preferred contractor fails to deliver the project

·        How can it happen?

Work health and safety incidents, environmental issues, quality issues, not delivering the project in time.

·        What are the consequences of the event happening?

Council’s reputation being damaged.

Council being issued with fines.

Council not meeting its obligations under the Australian Government Local Roads and Community Infrastructure Program.

What is the likelihood of the event happening?

Low to medium.

·        Adequacy of existing controls?

Contractor will be required to provide a Work Health and Safety Plan, Safe Work Method Statements, Crane Certification Documents, Certificates of Competency, Crane Lift Studies.

Contractor will be required to provide Environmental Management Plan, Fisheries Permits issued under the Fisheries Management Act.

Contractor’s Quality Management Plan, Work Method Statements, Procedures, Inspections and Test Plans, and Checklists.  Hold points, witness points specified in the contract.

·        Treatment options to mitigate the risk?

Measures noted above have been included in the Contract clauses and the Specifications, and other project documents

Conclusion

It is appropriate that Council awards Contract Number C2015 for the construction of the Bridges to Tenderer 3 for the sum of $948,600.00 excluding GST; and that the shortfall of $200,000 on the $800,000 grant under the Australian Government Local Roads and Community Infrastructure Program be sourced from the $200,000 allocated in the 2020/21 budget for the refurbishment of Noorong Road/St Helena Creek Bridge in Mellool.

Attachments

1.       MRC 2015 Evaluation Panel Report - CR - Confidential  

2.       Tender Evaluation Score Sheet MRC 2015 - CR - Confidential  

   


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.4         Director Planning and Environment Report and Supplementary Matters

8.4.1      Murray River Council Draft Companion Animal Breeding Policy

File Number:           -

Author:                    Melanie Squires, Strategic Planner

Authoriser:             David Wilkinson, Director Planning and Environment

 

Recommendation

That:

1.       Council adopt the Murray River Council Draft Companion Animal Breeding Policy (see attachment 1)

2.       The Murray River Council Draft Companion Animal Breeding Policy be placed on public exhibition for a minimum period of 42 days; and that a further report to Council be presented with any recommended changes to the Policy for formal adoption.

3.       Following formal adoption, Council will formally write to the Minister for Agriculture (Hon. Adam Marshall) and RSPCA NSW to request clearer and consistent advice for the assessment of development applications.

 

Background

At Murray River Council we have been investigating options for improving our assessment processes for companion animal breeding establishments approved in our municipality.

In August, an options paper was presented to Council and a resolution was passed that a draft local policy be prepared to address companion animal breeding establishments and amend our local controls accordingly. The resolution also included that Council formally request advice from relevant referral authorities. See formal resolution from the Ordinary Meeting of 25 August 2020 below:

That Council amend Local Environmental Plan (LEP), amend Development Control Plan (DCP) and prepare a Murray River Council Animal Breeding Policy to inform development application assessments and Council formally writes to relevant referral authorities to request clearer and consistent advice for the assessment of the development applications.

As a first step we have drafted the Murray River Council Draft Companion Animal Breeding Policy, which if adopted, will inform the required changes to the local controls within the LEP and DCP. Once the draft policy is adopted by Council, we will formally write to the Minister for Agriculture (Hon. Adam Marshall) and RSPCA NSW to request clearer and consistent advice for the assessment of development applications.

This draft policy has been prepared through research and consultation with RSPCA NSW and EPA NSW. Initial contact with other animal welfare organisations has been made, and they will be formally consulted with during the public consultation process.

Once a final policy is adopted, the LEP and DCP will be amended accordingly to reference the policy. A checklist for all Development Application requirements will also be prepared and provided to new applicants in the future.

Discussion

The aim for this policy is to provide consistent and transparent assessments of development applications, through enforcing current legislation and encouraging best practice standards.

As outlined in the scope, this policy applies to companion animal breeding establishments with ten (10) or more breeding companion animals per property, in accordance with Council’s LEP and DCP. This is to ensure that smaller scale breeders (e.g. less than breeding companion 10 animals) are not subject to the same level of requirements as larger commercial type breeding establishments. These larger establishments require our attention and focus at this time.

This policy covers:

·    The breeding of companion animals only, which is dogs and cats as per the Companion Animals Act 1998.

·    New development applications for companion animal breeding establishments

·    Modification applications for companion animal breeding establishments with existing Council approval.

This policy excludes:

·    Animal boarding or training establishments (that do not include breeding practices)

·    Breeders with less than ten (10) breeding companion animals per property

·    Breeding of any animal other than companion animals (i.e. livestock, birds etc.)

·    Pet shops.

It is important to note that the requirements of this policy include the enforcement of the NSW Animal Welfare Code of Practice - Breeding dogs and cats (referred to as “the Code”). The policy cannot exceed the current requirements of the Code. 

As outlined in the previous options paper, the Department of Primary Industries – Animal Welfare advised of the NSW Animal Welfare Action Plan which covers NSW legislation reforms to occur over the next few years. The first phase includes reforming the Prevention of Cruelty to Animals Act 1979, due for implementation by end of 2021. The second phase is amending the Prevention of Cruelty to Animals Regulation 2012 that sit under the Act. The third phase will be a review of the Standards/Codes/Guidelines that sit under the Regulations. Therefore, a review of the Code is not anticipated for several years.

Policy Statements

Sections 1 and 2 – General Requirements and NSW Animal Welfare Code of Practice – Breeding dogs and cats. Lay the basis for our general expectations of applicants and reinforce the legal requirement of seeking development consent for the activity of companion animal breeding. It also identifies the importance of compliance with the Code and legal implications for non-compliance. 

Section 3 – Application requirements. Identifies the information that we seek to be provided at lodgement of development application stage. The idea behind providing a Site and Locality Plan with 500m radius ties in with Section 6 where seek applications with dwellings within 500m of the establishment to demonstrate methods of reducing potential amenity impacts (e.g. noise). It is important to understand the context of the site and its surrounding land uses to avoid land use conflicts where possible.

Section 4 – Site requirements. Outlines Council’s position to not have companion animal breeding establishments located on flood liable land (where possible) to avoid natural hazard risk.

Section 5 – Setbacks. Outlines appropriate setbacks for development from property boundaries and adjoining residential dwellings to create a buffer between different land uses and minimise land use conflicts.

Section 6 – Noise impacts. Identifies the trigger for a noise impact assessment to be provided with a development application. The 500m quantity is based on the requirement from Chapter A.4.6 of the Wakool Development Control Plan 2013.

Section 7 – Isolation facility. Requires isolation facilities onsite to promote prevention of disease outbreak. This requirement has been proposed due to these establishments being generally located in rural areas and a fair distance from veterinary hospitals with isolation facilities.

Section 8 – Environmental impacts. Includes requirements for a Stormwater Management Plan. Its inclusion in the policy is to provide consistency for all development applications. The Code cites a continuous water supply must be provided to meet daily requirements, which will vary depending on the scale of establishment. 

Section 9 – Landscaping. Requirements to utilise vegetative screening to mitigate any visual amenity impacts on the surrounding area and contribute to elimination of air and noise pollution.

Section 10 – Waste management. Ensures the applicant demonstrates adequate waste management in line with Council requirements.

Section 11 – Notification. Provides transparency of the notification requirements for development applications of this nature.

Section 12 – Compliance. Identifies the applicable compliance processes for companion animal breeding establishments. Compliance is integral to the success of this policy and improved planning and animal welfare outcomes. Compliance is undertaken by both Council (pursuant to the Companion Animals Act 1998 and Companion Animals Regulation 2018), and RSPCA NSW and the Police (as per the Prevention of Cruelty to Animals Act 1979).

Responsibilities of Council and other enforcement agencies are acknowledged in Chapter 5 of the policy. Additionally, the last few chapters of the policy outlines evaluation and review requirements, associated legislation/documents and definitions.

Strategic Implications

5 - Strategic Theme 5: Leadership and Governance

5.4 - Develop and pursue advocacy on behalf of the community

5.4.1 - Pursue advocacy on key issues of importance to the community and Council

Budgetary Implications

Nil

Policy Implications

Nil.

Legislative Implications

Environmental Planning & Assessment Act 1979.

Local Government Act 1993.

Companion Animals Act 1998.

Prevention of Cruelty to Animals Act 1979

Murray Local Environmental Plan 2011

Wakool Local Environmental Plan 2013

Murray Development Control Plan 2012

Wakool Development Control Plan 2013

Risk Analysis

·        What can happen?

Council does not adopt the draft policy and continues under the current framework, or the policy is re-drafted.

·        How can it happen?

Council does not adopt the recommendation presented and/or delays occur.

·        What are the consequences of the event happening?

Potential for poor animal welfare outcomes. Complaints from the community and animal activist groups continue to be received, potentially damaging the reputation of Murray River Council.

·        What is the likelihood of the event happening?

Unlikely, considering the August Council meeting resolution included an action to prepare a local policy.

·        Adequacy of existing controls?

As discussed, the NSW state legislation is being reformed over the coming years. There are minimal existing local controls specific to animal breeding, with Chapter A.4.6 of the Wakool Development Control Plan 2013 applying to animal boarding or training establishments.

·        Treatment options to mitigate the risk?

Any assessment of new development applications for companion animal breeding establishments received from now on, are not determined until draft policy is adopted.

Conclusion

Companion animal breeding is a contentious issue in Murray River Council, with the increase in applications for these establishments attracting public attention. With the NSW state legislative reforms planned in the medium to long term, it is important for Council to improve our local controls and strive for better planning and animal welfare outcomes where possible. It is recommended that Council consider and adopt the Murray River Council Draft Companion Animal Breeding Policy and support the next steps in consultation with the public and referral authorities.

Attachments

1.       Murray River Council Draft Companion Animal Breeding Policy

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

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8.4.2      Draft Murray River Local Environmental Plan 2021

File Number:           -

Author:                    Llyan Smith, Senior Town Planner

Authoriser:             David Wilkinson, Director Planning and Environment

 

Recommendation

That

1.       Council consider the draft Murray River Local Environmental Plan 2021 and explanatory information and consider the draft to be a material consideration of future Development Applications;

2.       Endorse staff to proceed with the drafting of a Planning Proposal seeking to adopt the draft Murray River Local Environmental Plan 2021;

3.       That the Planning Proposal for the draft Murray River Local Environmental Plan 2021 return to Council for consideration and endorsement at the earliest opportunity.

 

 

Background

Local Environmental Plans (LEPs) guide planning decisions for local government areas. They do this through zoning and development controls, which provide a framework for the way land can be used. LEPs are the main planning tool to shape the future of communities and also ensure local development is done appropriately. Since 2006, LEPs have been drafted to fit within a common format with similar content; this is referred to as the ‘Standard Instrument’.

Since our amalgamation in 2016, Murry River Council has operated two LEPs; the Murray Local Environmental Plan 2011 and the Wakool Local Environmental Plan 2013. Each LEP is currently applied to the former Council areas, as legally required. While both LEPs are similar (set out to follow the Standard Instrument), they are not the same, with different standards and permitted/prohibited land uses set out in each LEP. For instance, some land uses are permitted with consent in a zone of one LEP however are prohibited in that same zone in the other LEP. Similarly, some standards under the same LEP clause are comparatively more restrictive in one LEP versus the other LEP.

At Murray River Council, we have been a merged Council since 2016 however in many aspects we still experience a level of separation in decision making as a result of the two operating LEPs. To help deliver consistency across our whole Council area and promote positive planning outcomes, staff have drafted a merged LEP, referenced as the draft Murray River LEP 2021.

Discussion

The draft Murray River LEP 2021 has been provided as Attachment 1. In drafting, this principle LEP council officers have made a direct comparison between each and every land use table, clause, definition and Schedule from each LEP to establish similarities, differences, and errors. The draft Murray River LEP 2021 generally applies the least restrictive option for permissible development where differences have arisen between standards.

Land Use Tables have been drafted to align with the objective of the zone and in some instances some land uses have not been carried through as permissible with consent from the former LEPs. Where we have elected to adopt the more restrictive approach we have been guided by our experience and the advice of NSW Department of Planning, Industry and Environment (DPIE) regarding what is achievable from this merging LEP. We have drafted an explanatory document which details the comparison between the draft Murray River LEP 2021 and the former Murray and Wakool LEPs. This Explanatory document has been included as Attachment 2.

 

It is important to note that the draft Murray River LEP 2021 cannot propose amendments that are major changes and require strategic justification or further investigation. As such, amendments to standards relating to minimum lot size, setbacks from the river, rezoning of land (and similar) are unable to be achieved as part of this draft LEP. These items will be investigated as part of future amendments to the new LEP. This principal draft Murray River LEP 2021 is intended as an interim document to bring consistency to planning and development across Council in the short term. We will be drafting a new LEP to propose amendments to standards, zoning of land, and the like while we undertake significant strategic projects to inform and justify changes. Please see the Murray River Local Strategic Planning Statement for information about upcoming strategies to be completed, which will inform Council’s long-term future.

 

Should Council proceed with the recommendations in this report, a planning proposal will be drafted and presented at a future meeting of Council for endorsement. The Planning Proposal for the draft Murray River LEP 2021 will then follow the usual pathway for LEP adoption. This process will include submission to DPIE for Gateway determination and public engagement seeking feedback on the proposal. Council will harness the “Your Say” online platform, Council’s website, and public forums to appropriately engage with our communities regarding the draft document.  Media releases and social media posts will also form part of the engagement strategy suite.

 

Strategic Implications

1 - Strategic Theme 1: Built/Physical Environment

1.1 - Improve and maintain our built town environments

1.1.1 - Support each township to develop their unique character

Budgetary Implications

This project has and will be completed by Council’s planning staff, core business to the Strategic side of the planning services team. There will not be any budgetary implications arising from this project. 

Policy Implications

Nil.

Legislative Implications

Should this proposal proceed to adoption, it will result in the revocation of the Murray LEP 2011 and the Wakool LEP 2013, and a new principal Murray River LEP will be operational.

Risk Analysis

·        What can happen?

Council elects not to proceed with the draft Murray River LEP 2021

·        How can it happen?

Council does not endorse the recommendations of this report.

·        What are the consequences of the event happening?

Council will continue to operate two LEPs (the Murray LEP 2011 and the Wakool LEP 2013). Staff and the community will continue to face inconsistency in the application of planning principles across Murray River Council.

·        What is the likelihood of the event happening?

Unlikely, as the proposed draft Murray River LEP 2021 is only making logical changes and formalising consistent decision making in a planning sense.

·        Adequacy of existing controls?

While the existing LEPs are adequate to facilitate development, the new proposed Murray River LEP 2021 is considered a more consistent approach to land use and development in Murray River Council.

·        Treatment options to mitigate the risk?

Endorse the recommendations of this report to proceed with the draft Murray River LEP 2021.

Conclusion

The draft Murray River Local Environmental Plan will be the first principle plan of our amalgamated Council for use and development within our council area. It aims to provide consistency to planning and development by replacing the two operating LEPs with one new planning instrument.

The draft Murray River LEP 2021 is intended only as a short-term interim document to operate while Council focus on significant strategic projects which will provide suitable justification to inform zoning, minimum lot size, and development standards such as riverfront setbacks. A new LEP is scheduled to be prepared for 2021/22, which will build on the draft Murray River LEP 2021. 

Attachments

1.       Draft Murray River Local Environment Plant 2021 (under separate cover)  

2.       Murray River LEP 2021 EXPLANATORY DOCUMENT

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.4.3      Planning, Waste & Regulatory Services Directorate - Monthly Activity Report

File Number:           -

Author:                    David Wilkinson, Director Planning, Waste & Regulatory Services

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the Planning, Waste & Regulatory Services Directorate - Monthly Activity Report for the period 1 November to 30 November 2020 be received and the information noted by the Council.

 

Discussion

This report details the activities of Council’s Planning and Environment Directorate from 1 November to 30 November 2020.

This is the last report of the 2020 calendar year and what a year it has been. The Covid 19 pandemic has had an impact on all of us, some a lot more than others. Staff had to work from home for long periods of the year with expectations of a slippage in performance levels which were already improving significantly before the pandemics first wave. It was also expected that there would be a reduction in workloads as many industries slowed or even came to an abrupt halt.

How wrong we were about what would happen across the whole of the Directorate. Instead of applications for DA’s and CC’s slowing they increased. Complaints dealt with by the Compliance Team doubled, enquiries increased and we adopted a Waste Strategy and budget to deliver the improvements that will take us to a whole new level of service in that area. The performance of all the departments improved, particularly the Planning and Building Services departments. Twenty months ago we were hovering around the 38% mark for applications being within the statutory target. We are now consistently hovering around the 80% mark of applications within the statutory target and I am confident that we will be reaching our target of 85% consistently next year.

This was all achieved despite the pandemic, and the change in our working methods as a result. The staff all adapted to new ways of working and were consistent performers during difficult times. We should all be proud of their efforts. It is always an impressive achievement when despite the pandemic, the increase in applications, complaints, enquiries and general engagement the staff still maintained these high performance levels.

Some facts:-

·    In 2019 the number of applications received between January and November was 306

·    In 2020 the number for the same period is 400 an increase of 30.72%

·    Local Strategic Planning Statement adopted by Council

·    The Waste Strategy adopted by Council

·    Development Services Customer Charter adopted

·    Planning and Building Fees 2018/19  $689,376.20 (01/09/2018 to 30/06/2019)

·    Planning and Building Fees 2019/20 $1,635,411.53 (01/07/209 to 30/06/2020)

As impressive as the above is, there is still much more improvement required. This is particularly required in terms our customer service levels and we still have a number of applicants dissatisfied with the service they receive. One of the things we need to improve is the guidance, advice and information we provide to customers regarding the process. It is interesting that in the last week three complaints were received from customers regarding the time it takes for us to determine applications. Those applications had been in our system for three weeks, two weeks and one day. All of them within the statutory decision time but not dealt with quickly enough for the customer. As we improve expectations will become higher but clearly sometimes the customer expectation cannot be met. We have improved but even with everything correct with an application, a well-resourced department and the fastest of processes we will never determine an application in one day! 

 

Attachments

1.       Applications Determined November 2020

2.       Application Key Performance Summary – Outstanding Applications as at 2 December 2020

3.       DA Performance Reports Planning - November 2020

4.       Compliance Report - November 2020

5.       Waste Report - November 2020

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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8.5         Director Community and Economic Development Report and Supplementary Matters

8.5.1      Councillor Attendance at 2021 Australia Day Events

File Number:           -

Author:                    Beck Hayward, Economic Development Officer

Authoriser:             John Harvie, Director Community and Economic Development

 

Recommendation

That at least one Councillor is nominated to attend each of the seven Australia Day events across the Murray River Council area.

 

Background

Every year on Australia Day (26 January) events are held in communities across the Murray River Council area.

Australia Day is an important community celebration and Council has a strong history of supporting all events within the region both financially and through Councillor attendance.

Once Councillors have nominated their attendance at the Australia Day celebrations, event organisers will be informed in order to appropriately incorporate the Councillor’s attendance.

Councillors will be provided with a speech they may wish to use for the event and relevant information regarding any Australia Day Award recipients.

A submission has been made to the NSW Australia Day Council to host an Australia Day Ambassador. Notification of whether the application was successful has not yet been received.

Discussion

Due to Covid, some of the event organisers are still deciding whether to proceed with their event. It is recommended that one councillor is allocated to attend each of the seven Australia Day breakfasts. Below is a list of events, as they usually occur (except Moama), however event details may change. If the details do change, or the event is cancelled, Councillors will be notified and may attend an alternative event.

Allocating Councillors during the December meeting will enable timely communication with each of the event organisers and Councillors, and production and distribution of the order of proceedings.

Koraleigh

7:00am - Koraleigh Recreation Reserve

Breakfast and flag raising ceremony

Tooleybuc

7:30am - Mensforth Park

Breakfast, presentations, flag raising ceremony and duck race

Barham

7:00am - Riverside Park

Breakfast, presentations and flag raising ceremony

Moulamein

8:00am - The Triangle

Breakfast and flag raising ceremony

Wakool

8:00am (tbc) - Wakool Hall

Breakfast and presentations

Moama

19 January 2021 – Moama Bowling Club

Dinner, award ceremony and Australia Day address

Mathoura

8:00am - Soldiers Memorial Park

Breakfast and presentations

Strategic Implications

3 - Strategic Theme 3: Social Wellbeing

3.2 - Actively create opportunities to encourage and support community connectedness

3.2.1 - Encourage and promote volunteering

Budgetary Implications

Nil.

Each community event has been notified of their allocation for the 2021 Australia Day event.

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

Nil.

·        How can it happen?

Nil.

·        What are the consequences of the event happening?

Nil.

·        What is the likelihood of the event happening?

Nil.

·        Adequacy of existing controls?

Nil.

·        Treatment options to mitigate the risk?

Nil.

Conclusion

Australia Day is a great opportunity to promote our diverse communities and the hard-won achievements of award recipients.

Council participation in these events will further foster community connectedness and belonging, inspire residents, and promote volunteerism.

Attachments

Nil


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.5.2      Murray Downs Riverside Park Management Committee - Nominations

File Number:           -

Author:                    John Harvie, Director Community and Economic Development

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That Council

1.       Appoint the following community members as inaugural members of the Murray Downs Riverside Park Management Committee;

Brenten Hogan, Ken Smith, Glenys Smith, Pauline Dorigo, Nonie Domaille and Jo Jeans.

2.       Request the Chief Executive Officer ensure that all members undergo an induction in relation to requirements and responsibilities of section 355 committee members.

 

 

Background

At its meeting held on 27th October 2020, council resolved as follows;

That Council;

1.   Agree to the formation of the Murray Downs Riverside Park Management Committee

2.   Request council officers to seek nominations from community members to become members of the committee.

3.   Provide a further report to council with a list of nominated persons for councils’ endorsement.

4.   Elect two councillors as delegate and alternate delegate to the committee

The opportunity to nominate as a committee member was advertised via print and digital media and expressions of interest were received via councils ‘Your Say’ page.

 

Discussion

Eight nominations were received in total and it is recommended that six be appointed at this time.

Councillor Ann Crowe was appointed by council as its delegate to the committee and Councillor Neil Gorey was appointed as alternate delegate.

Strategic Implications

3 - Strategic Theme 3: Social Wellbeing

3.2 - Actively create opportunities to encourage and support community connectedness

3.2.1 - Encourage and promote volunteering

Budgetary Implications

Nil

Policy Implications

Nil.

Legislative Implications

 

Risk Analysis

·        What can happen?

Nil

·        How can it happen?

Nil

·        What are the consequences of the event happening?

Nil

·        What is the likelihood of the event happening?

Nil

·        Adequacy of existing controls?

Nil

·        Treatment options to mitigate the risk?

Nil

Conclusion

That council should appoint six community members to the inaugural Murray Downs Riverside Park Management Committee.

Attachments

1.       Nominations of recommended appointees. - Confidential  

   


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.6         Correspondence Report

8.6.1      Correspondence Report

File Number:           -

Author:                    Lindy Leyonhjelm, Executive Assistant

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the Correspondence Report be received and the information noted by the Council.

 

Discussion

 

Australian Local Government Association (ALGA) News

·    ALGA News dated 23 November has been forwarded to Councillors and the Executive Leadership team via email.

 

Local Government NSW

·    Media release – Democratic representation returns to Armidale

·    Media release – NSW Budget brings cash injection for councils to support locally led economic recovery

·    Media release – NSW councils claim universal postal voting victory

·    Media release – Winners of NSW’s most prestigious local government award announced

·    Media release –Waste Audit confirms local government's call for change 2 Dec 2020

 

Office of Local Government

·    Council Circular 20-39 Constitutional referendums and council polls 30 Nov 2020

·    Council Circular 20-38 Special Rate Variation and Minimum Rate Variation Guidelines and Process 25 Nov 2020

·    Message from Minister Hancock_23 Nov 2020

·    Message from Minister Hancock_17 Nov2020

·    COVID-19 COUNCIL UPDATE 2 Dec 2020

·    COVID-19 COUNCIL UPDATE_23 Nov 2020

·    COVID-19 Council update_19 Nov 2020

·    'Adopt not shop' for a pet this Christmas 30 Nov 2020

 

Service NSW

·    Public Health (COVID-19 Border Control) Order (No 2) 2020

 

General Correspondence

·    Bunnaloo Public School thank you letter dated_24 Nov 2020

 

Sussan Ley, Member for Farrer

·    Jobseeker supplement extended to March 2021. Forwarded to Council members and Executive Leadership Team via email.

 

Attachments

1.       LGNSW Media Release - Democratic representation returns to Armidale

2.       LGNSW Media Release - NSW Budget brings cash injection for councils to support locally led economic recovery

3.       LGNSW Media Release - NSW councils claim universal postal voting victory

4.       LGNSW Media Release - Winners of NSW’s most prestigious local government award announced

5.       LGNSW Media Release - Waste Audit confirms local government's call for change 2 Dec 2020

6.       NSWOLG Council Circular 20-39 Constitutional referendums and council polls 30 Nov 2020

7.       OLGNSW - Council Circular 20-38 Special Rate Variation and Minimum Rate Variation Guidelines and Process 25 Nov 2020

8.       OLGNSW - Message from Minister Hancock 23 Nov 2020

9.       OLGNSW Message from Minister Hancock 17 Nov

10.     OLGNSW - COVID-19 COUNCIL UPDATE 2 Dec 2020

11.     OLGNSW - COVID-19 COUNCIL UPDATE 23 Nov 2020

12.     OLGNSW COVID-19 COUNCIL UPDATE 19 Nov 2020

13.     OLGNSW 'Adopt not shop' for a pet this Christmas 30 Nov 2020

14.     Public Health (COVID-19 Border Control) Order (No 2) 2020

15.     Thank You Letter - Bunnaloo Public School

  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

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MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

8.7         Sundry Delegates Report

8.7.1      Sundry Delegates Report

File Number:           -

Author:                    Lindy Leyonhjelm, Executive Assistant

Authoriser:             Des Bilske, Chief Executive Officer

 

Recommendation

That the Sundry Delegates Report of the Mayor and Councillors for the period 25 November 2020 to 14 December 2020 be received and the information noted by the Council; and reasonable out of pocket expenses be met by Council.

 

Discussion

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

 

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

 

23.11 Echuca Moama Tourism AGM - Moama

24.11 Ordinary Meeting of Council - Moama

28.11 Murray River Council CEO recruitment panel interviews - Moama

2.12 Council Update Meeting with CEO - MS Teams

3.12 Meeting with CEO, Mayor, Project Update - Moama

3.12 MRC Community Highlights and Improvement Tour - Moama to Murray Downs

4.12 MRC Community Highlights and Improvement Tour - Murray Downs to Moama

5.12 CEO Recruitment Panel - Final Interviews - Moama

9.12 Mathoura Recreation Reserve Meeting - Mathoura

11.12 Deniliquin Christian College Graduation - Deniliquin

 

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

 

Councillor Gen Campbell reported on her attendance at the following meetings and functions:

 

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



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

 

                         

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

 

 

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

 

 

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

 


 

 

Attachments

Nil  


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

9            Notice of Motions/Questions with Notice

9.1         Notice of Motion - Requested update on Ethanol Plant and Murray River Energy

File Number:           -

 

 

I, Councillor Thomas Weyrich, give notice that at the next Ordinary Meeting of Council to be held on 15 December 2020, I intend to move the following motion:-

 

Motion

That council receive and update and further report on the Ethanol Plant and Murray River Energy.

 

 

Rationale

 

I commend this Notice of Motion to Council.

Attachments

Nil   


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

10          Confidential Matters  

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:

10.1       Murray River Council 2021 Australia Day Awards

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).

 

 

 

 


MURRAY RIVER COUNCIL Ordinary Council Meeting Agenda

15 December 2020

 

11          Conclusion of Meeting