MINUTES OF Murray River Council
Ordinary Council
Meeting
HELD IN Tatalia Room
3, Rich River Golf Club, 24 Lane, MOAMA
ON Tuesday, 23 July
2019 AT 6:04PM
PRESENT: Cr Chris Bilkey (Mayor), Cr Gen Campbell (Deputy Mayor), Cr Nikki Cohen (Councillor), Cr Tony Aquino (Councillor), Cr Ann Crowe (Councillor), Cr Neil Gorey (Councillor), Cr Alan Mathers (Councillor), 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 (Relieving Director Planning & Environment), 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.
There were no leave of absence/apologies tendered by Councillors to the meeting.
4 Conflict of Interests Declarations
Cr Alan Mathers declared a conflict of interests in Item 10.3 of the General Manager’s Report on Growing Local Economies Fund Application – Murray Plains Meat Cooperative.
Cr Neil Gorey declared a conflict of interests in Item 17.4 of the Confidential Reports on Request for Tender – C1916 Construction of Barham Community Hub.
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5.1 Confirmation of Minutes from the EXTRAORDINARY MEETING OF COUNCIL HELD 21 MAY 2019; AND Ordinary Meeting of Council held 25 June 2019 |
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Resolution 010719 Moved: Cr Neil Gorey Seconded: Cr Tony Aquino 1. That the minutes of the Extraordinary Meeting of Murray River Council held on 21 May 2019 be confirmed as a true and correct record. 2. That the minutes of the Ordinary Meeting of Murray River Council held on 25 June 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
There were no notices of motion/notice of rescission submitted to the meeting.
10 General Manager’s Report & Supplementary Matters
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Resolution 020719 Moved: Cr Geoff Wise Seconded: Cr Gen Campbell That Council receive and note the contents of the Proclamation dated 26th day of June 2019 declaring that on and from the beginning of 1 July 2019 the Central Murray County Council is dissolved, with its functions and operations in the local government areas of Berrigan, Edward River and Murray River subsumed by Berrigan Shire Council, Edward River Council and Murray River Council respectively in line with the provisions in the Schedule - Item (1) as attached to the report. |
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10.2 Njernda Aboriginal Corporation - Request to waive charges |
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Resolution 030719 Moved: Cr Gen Campbell Seconded: Cr Nikki Cohen That Council: 1. Waive the fees and charges associated with the use of the Moama Recreation Reserve; and that the fees and charges be funded from the Murray River Council Event Fund. 2. Congratulate Njernda Aboriginal Corporation on hosting the annual VACSAL Junior Football and Netball Carnival. |
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10.3 Growing Local Economies Fund Application - Murray Plains Meat Cooperative |
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Cr Alan Mathers declared a pecuniary conflict of interests in this matter, took no part in discussion, tabled a written notice to the General Manager and left the meeting at 6:10pm. |
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Resolution 040719 Moved: Cr Ann Crowe Seconded: Cr Geoff Wise That Council endorse the actions of the Manager Economic Development & Tourism in providing assistance to Murray Plains Meat Cooperative to enable development of an expression of interest by seeking funding through the ‘Growing Local Economies’ Program. |
At this stage of the meeting, being 6:17pm, Cr Alan Mathers returned to the meeting.
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Resolution 050719 Moved: Cr Neil Gorey Seconded: Cr Thomas Weyrich That Council receives and notes the status of previous resolutions of Council on both manual and INFOCOUNCIL Resolution tracker reports. |
11 Director Corporate Services Report & Supplementary Matters
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Resolution 060719 Moved: Cr Neil Gorey Seconded: Cr Tony Aquino 1. That the Officer’s report on Council’s Financial Statements, Bank Reconciliations and Investments as at 30 June 2019 be received and noted. 2. That the report detailing Council’s cashbook balance of $61,093,302.29 as at 30 June 2019 is received. 3. That the report detailing Council’s investment balance of $59,600,174.09 as at 30 June 2019 is received. |
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11.4 Adoption of MURRAY RIVER COUNCIL Compliance Management Policy |
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Resolution 070719 Moved: Cr Neil Gorey Seconded: Cr Nikki Cohen That Council adopts the Murray River Council Compliance Management Policy and it is placed in the Policy Register. |
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Resolution 080719 Moved: Cr Alan Mathers Seconded: Cr Geoff Wise That Council adopts the minor amendments to the Murray River Council Fraud Policy. |
12 Director Engineering Report & Supplementary Matters
13 Director Planning & Environment Report & Supplementary Matters
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Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That Development Application (DA) 10.2017.245.1 (DA 245/17) be refused for the following reasons: 1. The proposed development is inconsistent with Clause 7.6 ‘Additional provisions - development on river bed and banks of the Murray and Wakool Rivers’ of the Murray Local Environmental Plan 2011, as the proposed structure is to be located on an outside bend of the Murray River. 2. The proposed development is inconsistent with Chapter 10.3 Pontoons of the Murray Development Control Plan 2012 as the proposed pontoon does not service many properties. 3. The proposed development is inconsistent with Chapter 10.1 Visual amenity of the Murray Development Control Plan 2012 as the proposed pontoon does not protect the visual amenity created by the natural river environment, whilst the proposal is not designed to minimise the visual impact on the natural environment. 4. The proposed development is inconsistent with Clause 10 Specific Principles (Access) of the Murray Regional Environmental Plan No. 2 - Riverine Land as the proposal is for private infrastructure on the main channel of the Murray River which seeks to prevent public access. |
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The MOTION was LOST. |
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In Favour: Nil Against: Crs Chris Bilkey, Gen Campbell, Nikki Cohen, Tony Aquino, Ann Crowe, Neil Gorey, Alan Mathers, Thomas Weyrich and Geoff Wise lost 0/9 |
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Resolution 090719 Moved: Cr Thomas Weyrich Seconded: Cr Gen Campbell That the Council provide delegated authority to the Relieving Director Planning & Environment to approve Development Application (DA) 10.2017.245.1 (DA 245/17) for a water supply system (construction of pump pontoon to house two pumps) and removal of existing stairway structure on NSW Crown Waterway (Victorian side of Murray River) adjacent to River Avenue, Echuca VIC, subject to appropriate conditions of consent being applied, as per the objectives of the Council as discussed at the meeting. |
There were no questions on notice submitted to the meeting.
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Resolution 100719 Moved: Cr Alan Mathers Seconded: Cr Ann Crowe That the Correspondence Report be received and the information be noted by the Council. |
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Resolution 110719 Moved: Cr Nikki Cohen Seconded: Cr Thomas Weyrich That the Sundry Delegates Reports of the Mayor and Councillors be received by the Council and reasonable out of pocket expenses be met by Council.
Cr Ann Crowe tabled her Sundry Delegates Report to the Council on her attendance at the following meetings and functions: · 25 June: Pre-Council Meeting Presentations & Briefing – Moama · 27 June: Murray Downs Advancement Group Meeting – Murray Downs · 11 June: Tooleybuc Recreation Reserve Management Committee Meeting - Tooleybuc |
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Resolution 120719 Moved: Cr Neil Gorey Seconded: Cr Alan Mathers 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 7:11pm to consider the confidential report(s) listed below: 17.1 INFOCOUNCIL - Confidential items Resolution Tracker This matter is considered to be confidential under Section 10A(2) – (c), (d)(i) and (d)(ii) of the Local Government Act 1993, 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. 17.2 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 1993, 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. 17.3 Request for Tender - C1911 Construction of Moama Recreation Reserve Sports Pavilion This matter is considered to be confidential under Section 10A(2) – (c) of the Local Government Act 1993, 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. 17.4 Request for Tender - C1916 Construction of Barham Community Hub This matter is considered to be confidential under Section 10A(2) – (c) of the Local Government Act 1993, 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. 17.5 Request for Tender - C1917 Refurbishment Moama Administration Building This matter is considered to be confidential under Section 10A(2) – (c) of the Local Government Act 1993, 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. |
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Resolution 130719 Moved: Cr Nikki Cohen Seconded: Cr Thomas Weyrich That the Council moves out of Closed Council into Open Council at 7:35pm. |
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Resolution 140719 Moved: Cr Neil Gorey Seconded: Cr Thomas Weyrich That the Council brings forward the resolutions from Closed Council into Open Council and these be read aloud. |
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17.1 INFOCOUNCIL - Confidential Items Resolution Tracker Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers RESOLVED That Council receives and notes the status of previous resolutions of the Council as per the INFOCOUNCIL Confidential Resolution Tracker Report. 17.2 Economic Development & Tourism Monthly Report Moved: Cr Thomas Weyrich Seconded: Cr Neil Gorey RESOLVED That Council receives the Economic Development & Tourism report for the month of July 2019 and note its contents. 17.3 Request for Tender - C1911 Construction of Moama Recreation Reserve Sports Pavilion Moved: Cr Alan Mathers Seconded: Cr Geoff Wise RESOLVED That Council award the contract for the construction of the Moama Recreation Reserve Sports Pavilion to Colin Joss & Co Pty Ltd for the lump sum amount of $3,049,595 (excl. GST). 17.4 Request for Tender - C1916 Construction of Barham Community Hub Moved: Cr Alan Mathers Seconded: Cr Tony Aquino RESOLVED That Council award the contract for the construction of the Barham Community Hub to PM & SE Membrey, T/A Membrey Master Builders, for the lump sum amount of $627,476 (excl. GST). 17.5 Request for Tender – C1917 Refurbishment of Moama Administration Building Moved: Cr Geoff Wise Seconded: Cr Neil Gorey RESOLVED That Council award the contract for the refurbishment of the Moama Administration Building to AV Builders Pty Ltd for the lump sum amount of $1,321,295 (excl. GST). |
Cr Thomas Weyrich referred to the Local Government NSW (LGNSW) Member Message email he received today (23/07/19) from Cr Linda Scott, President LGNSW and addressed to Mayors, Councillors and General Manager inviting an expression of interest to attend the ‘Life After Amalgamation’ Forum to be held 16 and 17 September 2019 at the Crowne Plaza Terrigal Pacific and requested approval from the Council for him to attend.
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18.1 'LIFE AFTER AMALGAMATION' FORUM - 16 & 17 SEPTEMBER 2019 |
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Resolution 160719 Moved: Cr Thomas Weyrich Seconded: Cr Nikki Cohen That the Council approves of Cr Thomas Weyrich’s attendance at the ‘Life After Amalgamation’ Forum, to be held 16 and 17 September 2019 at the Crowne Plaza Terrigal Pacific, and that reasonable out of pocket expenses be met by Council. |
Cr Alan Mathers requested support from Council for the Murray Regional Strategy Group (MRSG) to develop a Business Plan to allow the MRSG to continue its advocacy on behalf of the community in the face of the challenges of water reform.
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Moved: Cr Alan Mathers Seconded: Cr Geoff Wise That Council provide in-princle financial support to the Murray Regional Strategy Group (MRSG) for the development of a Business Plan. |
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The Council further discussed the motion that was on the table and by mutual agreement requested that it be amended to specify the amount of financial support to be provided to the MRSG by Council. |
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Moved: Cr Alan Mathers Seconded: Cr Ann Crowe That the Council receive for consideration a case for financial support from the Murray Regional Strategy Group (MRSG), to be accompanied by a business case and outine of the major objectives of the MRSG. |
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The AMENDMENT became the RESOLUTION. |
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Resolution 170719 Moved: Cr Alan Mathers Seconded: Cr Ann Crowe That the Council receive for consideration a case for financial support from the Murray Regional Strategy Group (MRSG), to be accompanied by a business case and outline of the major objectives of the MRSG. |
THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 7:55PM.
The next Ordinary Meeting of Murray River Council will be held on Tuesday 27 August 2019, commencing at 6:00pm, in Tatalia Room 1, 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 23 July 2019, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 27 August 2019.
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MAYOR