MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

MINUTES OF COUNCIL ORDINARY COUNCIL MEETING HELD AT THE COUNCIL CHAMBERS, ADMINISTRATION OFFICE, 52 PERRICOOTA ROAD, MOAMA ON TUESDAY, 23 FEBRUARY 2021 AT 6:00PM

PRESENT: Cr Chris Bilkey (Mayor), Cr Gen Campbell (Councillor), Cr Nikki Cohen (Councillor), Cr Tony Aquino (Councillor), Cr Ann Crowe (Councillor), Cr Neil Gorey (Councillor), Cr Alan Mathers (Deputy Mayor), Cr Thomas Weyrich (Councillor), Cr Geoff Wise (Councillor) IN ATTENDANCE: Terry Dodds (Chief Executive Officer), Scott Barber (Director Operations and Major Projects), David Wilkinson (Director Planning and Environment & Interim Director Shared), John Harvie (Director Community and Economic Development), Lindy Leyonhjelm (Executive Assistant), Alex Green (Manager Technology & Digital Services)

1 OPENING MEETING

The Mayor held a short appropriate prayer.

2 ACKNOWLEDGEMENT OF COUNTRY

The Mayor opened the meeting with an Acknowledgement of Country.

3 APOLOGIES & APPLICATIONS FOR A LEAVE OF ABSENCE

Nil

4 CONFIRMATION OF MINUTES

4.1 CONFIRMATION OF MINUTES - ORDINARY MEETING OF COUNCIL 19 JANUARY 2021

RESOLUTION 010221 Moved: Cr Geoff Wise Seconded: Cr Tony Aquino That the minutes of the Ordinary Meeting of held on 19 January 2021 be confirmed as a true and correct record. CARRIED Cr Campbell asked the question regarding the RAMJO salary benefits taken on notice in the Financial reports – page 9 in minutes.

5 DISCLOSURES OF INTERESTS

There were no conflict of interests declarations received from Councillors or staff on any matter within the meeting.

Page 1 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

6 MAYORAL MINUTE(S)

Nil

7 REPORTS OF COMMITTEES

Nil

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

RESOLUTION 020221 Moved: Cr Neil Gorey Seconded: Cr Alan Mathers That the Council receives and notes the status of previous resolutions of Council (in open and closed Council) contained in the Resolution Tracker Reports. CARRIED Addition of previous months resolution tracker to be included in future Agendas

8.2 DIRECTOR SHARED SERVICES REPORT AND SUPPLEMENTARY MATTERS

8.2.1 REQUEST FOR REFUND IN FEES AND CHARGES DUE TO COVID 19 6:08pm Mr David Wilkinson left the meeting due to less than significant non-pecuniary Conflict of Interest.

RESOLUTION 030221 Moved: Cr Thomas Weyrich Seconded: Cr Gen Campbell That Council; 1. Provide financial relief to Moama Echuca Border Raiders Soccer Association Inc. in the form of a 50% refund in the Moama Recreation Reserve 2020/21 annual fee, at a cost of $3,018.63 for the 2020/21 financial year only. The refund is the result of non-utilisation of the reserve facilities due to the COVID-19 epidemic forcing the closure of the facilities to the general public during the 2020/21 financial year. CARRIED Information requested from Mr John Harvie on other clubs that may require assistance due to the impact of Covid-19. David Wilkinson returned to the meeting 6:11 pm

Page 2 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

8.2.2 FINANCIAL STATEMENTS AND INVESTMENTS AS AT 31 JANUARY 2021

RESOLUTION 040221 Moved: Cr Neil Gorey Seconded: Cr Geoff Wise That 1. The Officer’s report on council’s Financial Statements, Bank Reconciliations and Investments as at 31st January 2021 be received and noted

2. The report detailing the Council’s Position of $50,802,135.10 as at 31st January 2021 is received.

3. The report detailing Council’s investment balance of $48,545,567.91 as at 31st January 2021 received. CARRIED

8.2.3 QUARTERLY BUDGET REVIEW - PERIOD ENDED 31 DECEMBER 2020

RESOLUTION 050221 Moved: Cr Gen Campbell Seconded: Cr Nikki Cohen 1. That the Officer’s report be received and noted by the Council. 2. That the budget variations as detailed within the report and any subsequent changes made to those votes be included in Council’s estimates of income and expenditure for 2020/2021 CARRIED Cr Campbell has noted that it is pleasing to read the figures and easy to understand. Cr Mathers – page 46 note Barham Bowling Club has received funds and questioned if Crown Reserve land. Confirmed by Mr Wilkinson it is Crown Reserve Land. At 6:16 pm, Cr Thomas Weyrich left the meeting. Confirmation that Lot 52 Gove Drive has not proceeded to sale, it is the sale road reserved. At 6:17 pm, Cr Thomas Weyrich returned to the meeting.

8.2.4 AUDIT & RISK COMMITTEE MINUTES - EXTRAORDINARY MEETING HELD ON 11 JANUARY 2021

RESOLUTION 060221 Moved: Cr Neil Gorey Seconded: Cr Tony Aquino 1. That the Audit & Risk Committee Minutes - Extraordinary Meeting held on 11 January 2021 be received and the information noted by the Council.

Page 3 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

2. That Council develops a Business Plan and Risk Assessment based on currently known and prospective information. CARRIED

8.2.5 PROCUREMENT POLICY

RESOLUTION 070221 Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the DRAFT Procurement Policy V#2 be adopted and placed on public display. CARRIED Changes made to policy to reflect the OLG update of approval quantities in alliance with the Act change.

8.3 DIRECTOR OPERATIONS AND MAJOR PROJECTS REPORT AND SUPPLEMENTARY MATTERS

8.3.1 DRAFT MURRAY RIVER COUNCIL DRINKING WATER QUALITY POLICY

RESOLUTION 080221 Moved: Cr Ann Crowe Seconded: Cr Alan Mathers That Council approve the draft Drinking Water Quality Policy for public exhibition. CARRIED

8.3.2 PROGRESS REPORT - ECHUCA MOAMA TORRUMBARY FLOOD STUDY

RESOLUTION 090221 Moved: Cr Gen Campbell Seconded: Cr Ann Crowe That the Officer’s report on Progress Report - Echuca Moama Torrumbary Flood Study as at 21 January 2021 be received and the information noted by the Council. CARRIED

8.3.3 MAJOR PROJECTS PROGRESS UPDATE

RESOLUTION 100221 Moved: Cr Neil Gorey Seconded: Cr Ann Crowe That the Council receives and notes the report on the Major Projects Progress Update as at 8 February 2021.

Page 4 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

CARRIED Cr Weyrich has asked that Council partake in a tour of the new bridge. Mr Barber commented that they have been reluctant to allow for site tours and will request a tour of the Bridge project in the near future.

8.3.4 PROPOSED ROAD NAME, UNNAMED ROAD FROM HAM ROAD THROUGH TO THYRA ROAD, PARISH OF CALOOLA, MOAMA

RESOLUTION 110221 Moved: Cr Neil Gorey Seconded: Cr Nikki Cohen 1. That Council adopt the road name “Altcar School Road” for the previously un-named section of public road between Ham Road and Thyra Road, Parish of Caloola, adjacent to Lot 1, DP 1011322 2. Council advertise the proposed name in accordance with the Roads Regulations 2018. CARRIED

8.3.5 PROPOSED CLOSURE OF A PORTION OF JOHNSON ROAD BETWEEN LOT 20 DP756355, PARISH OF YALOKE, MOAMA

MOTION Moved: Cr Geoff Wise Seconded: Cr Alan Mathers 1. That Council approve the closure of a 1km section of Jonson Road within the property boundaries of Assessment Number 11231295. 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

RESOLUTION 120221 Moved: Cr Thomas Weyrich Seconded: Cr Alan Mathers That the matter be deferred to allow for consultation with neighbouring land owners. CARRIED Cr Campbell disagrees with the closure, mainly due to safety concerns. Many owners surround this road and rate payers in area may not agree. Cr Mathers says it shows road that runs along and other land owners may utilise that road, without further commentary surrounding the use of the road by neighbouring land holders.

8.4 DIRECTOR PLANNING AND ENVIRONMENT REPORT AND SUPPLEMENTARY MATTERS

Page 5 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

8.4.1 DEVELOPMENT SERVICES REFERENCE GROUP

RESOLUTION 130221 Moved: Cr Neil Gorey Seconded: Cr Ann Crowe 1. That the Council endorse the purpose of the Development Services Reference Group outlined in the report 2. That the Council appoint a Councillor and alternate to sit on the reference group 3. That Council allocate a Councillor for each position of delegate and alternative. CARRIED Recommendations 1 and 2 to be taken into consideration, remove item 3 as it is the same as item 2. Cr Campbell and Cr Mathers stated concerns regarding the potential lack of understanding of matters concerning developments in the West of LGA for Councillors based in East area of LGA and requirement permanent presence of planning department personnel in Barham and to deal with developments in the West of the LGA. Cr Campbell has been nominated and declared delegate of Southern Area of Murray River Council. Cr Crowe has been nominated and declared delegate of Northern Area of Murray River Council.

MOTION Moved: Cr Neil Gorey Seconded: Cr Ann Crowe That Councillors Campbell and Crowe become delegates at the Development Services Reference Group.

8.4.2 DEVELOPMENT APPLICATION 10.2020.59.1 - 266 LOT SUBDIVISION 'ARTHURS ESTATE' - BOYES STREET, MOAMA

RESOLUTION 140221 Moved: Cr Neil Gorey Seconded: Cr Tony Aquino 1) That the Officer’s report be received and noted; and 2) That Development Application (DA) 10.2020.59.1 be granted development consent subject to the attached conditions of consent. CARRIED Cr Campbell raised concerns regarding the location of the school and the capability to utilise the ovals and outdoor areas. Mr Wilkinson has commented that the application is consistent with the overall plan of the subdivision requirements. Cr Weyrich raised concerns with regards to the water treatment plant capacity and if the developers will contribute to the increasing of capacity requirements.

Page 6 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

Mr Barber stated that there are current reserves for water treatment plant and water infrastructure process is underway to assist in increasing the capacity of the current water treatment plant for future requirements.

8.4.3 PLANNING PROPOSAL - 142 SWAN HILL ROAD, - REZONING TO R1 GENERAL RESIDENTIAL Mr Green left the meeting 7:07pm Mr Green returned to the meeting 7:09pm

RESOLUTION 150221 Moved: Cr Gen Campbell Seconded: Cr Nikki Cohen That Council 1. Endorse the planning proposal in conjunction with Murray River Council’s Addendum effecting Lots 1 – 16 DP286903, 142 Swan Hill Road, Murray Downs. 2. Approve staff to undertake all required steps to complete an amendment to the Local Environmental Plan 2013 (or the relevant operating Local Environmental Plan at the time) to: (a) Rezone the land from RE2 Private Recreation to R1 General Residential. CARRIED

8.4.4 PLANNING, WASTE & REGULATORY SERVICES DIRECTORATE - MONTHLY ACTIVITY REPORT

RESOLUTION 160221 Moved: Cr Alan Mathers Seconded: Cr Ann Crowe That the Planning, Waste & Regulatory Services Directorate - Monthly Activity Report for the period 1 January to 31 January 2021 be received and the information noted by the Council. CARRIED

8.5 DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT REPORT AND SUPPLEMENTARY MATTERS

8.5.1 LOCAL GOVERNMENT NSW TOURISM CONFERENCE

RESOLUTION 170221 Moved: Cr Ann Crowe Seconded: Cr Tony Aquino That Council: 1. Agree to the attendance of the Manager Economic Development and interested councillors at the LG NSW Tourism Conference in Port Macquarie between Wednesday 26 and Friday 28 May 2021.

Page 7 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

2. That each attendee provides a report, highlighting positive learnings, to council following attendance at the event.

CARRIED

RESOLUTION 180221 Moved: Cr Thomas Weyrich Seconded: Cr Gen Campbell That Council confirm attendance to the LG NSW Tourism Conference by up to five Councillors. CARRIED Council approves up to 5 Councillors attending conference. Councillors indicated attendance – Crs Weyrich, Campbell, Gorey, Crowe and Aquino. Confirmation required by 5 March 2021 to Mr Harvie. Note preference is for flying to travel to attend Conference.

8.5.2 FUNDING FOR THE MOAMA PRESCHOOL

RESOLUTION 190221 Moved: Cr Thomas Weyrich Seconded: Cr Gen Campbell At 7:16 pm, Cr Geoff Wise left the meeting due to a Pecuniary Conflict of Interest for item 8.5.2. At 7:17 pm, Cr Alan Mathers left the meeting. That Council: 1. Approve expenditure of $129,685 from the Economic Development internal reserve of $300,000, to enable detailed drawings and other architectural services to be undertaken to progress the Moama Preschool project to shovel ready status. 2. Endorse an application under round five of the Building Better Regions Fund (infrastructure projects) for the Moama Preschool Project. 3. If the application for funding, through the Building Better Regions Fund, is successful, council agrees to contribute $1,500,000 towards the construction of the new Moama Preschool. CARRIED At 7:18 pm, Cr Alan Mathers returned to the meeting. At 7:19 pm, Cr Geoff Wise returned to the meeting.

8.5.3 NSW PLANNING, INDUSTRY & ENVIRONMENT - FOUR POST RESERVE (R91701)

RESOLUTION 200221 Moved: Cr Neil Gorey Seconded: Cr Nikki Cohen That Council:

Page 8 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

1. Accept the offer, from NSW Planning, Industry and Environment - Crown Lands, to be appointed Crown Reserve Manager of the Four Post Reserve on Four Post Lane, . 2. Prepare expression of interest documents and call for expressions of interest to manage and operate the Four Post Camp and associated land. 3. Arrange a site inspection for councillors.

Cr Weyrich raised concerns and suggested to defer the resolution until Councillors inspect the site for themselves.

Councillors will carry items 1 and 2 after a site inspection is conducted by Councillors.

CARRIED

8.5.4 IN-PRINCIPLE SUPPORT FOR SLOW ECHUCA MOAMA'S APPLICATION TO BE ACCREDITED AS A SLOW CITY.

RESOLUTION 210221 Moved: Cr Ann Crowe Seconded: Cr Tony Aquino That Council provide in-principle support for Echuca Moama to become a Candidate Member of Cittaslow Australasia, (and eventually a Certified Slow City), and the Mayor sign the Candidate Member Application and Declaration of Commitment form. CARRIED Cr Weyrich noted his concerns about labelling Moama as a slow city after the impact that Covid has had on our town and the vibrancy that is part of the Moama community. Cr Cohen is concerned about the word Slow has on the Moama community and attraction of tourists and visitors. Cr Campbell is very supportive of some of the projects that are included in the marketing program however is concerned that in the future there may be some financial requirements in the future.

8.5.5 SECTION 355 COMMITTEE REPORTS

RESOLUTION 220221 Moved: Cr Ann Crowe Seconded: Cr Nikki Cohen That Council receive the report on S355 Committee Minutes and note the contents of the minutes CARRIED

8.6 CORRESPONDENCE REPORT

Page 9 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

8.6.1 CORRESPONDENCE REPORT

RESOLUTION 230221 Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the Correspondence Report be received and the information noted by the Council. CARRIED

8.7 SUNDRY DELEGATES REPORT

8.7.1 SUNDRY DELEGATES REPORT

MOTION Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the Sundry Delegates Report of the Mayor and Councillors for the period 19 January 2021 to 22 February 2021 be noted by the Council; and reasonable out of pocket expenses be met by Council.

Remove BAP meeting from Cr Chris Bilkey’s Sundry Delegates Report due to being a personal commitment and not Council related. Additional items for Sundry Delegate Report: Cr Alan Mathers 26 Jan 2021 - Day Breakfast and Presentations at Barham, 7.00 am. 15 Feb 2021 - Moulamein Recreation. Reserve committee 5.30 pm.

Cr Neil Gorey 17 Feb 2021 - Murray downs 355 committee meeting. 22 Feb 2021 - Moulamein centenary reserve meeting.

Page 10 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

SUSPENSION OF STANDING ORDERS Moved: Cr Geoff Wise Seconded: Cr Alan Mathers That the Council suspend standing orders for debate on this matter.

MOVE INTO CLOSED COUNCIL Moved: Cr Geoff Wise Seconded: Cr Alan Mathers Mayor moved that standing orders be suspended and that Council go into closed session due to contractual matters being required to be discussed. In Favour: Crs Chris Bilkey, Tony Aquino, Ann Crowe, Neil Gorey, Alan Mathers and Geoff Wise Against: Crs Gen Campbell, Nikki Cohen and Thomas Weyrich CARRIED 6/3 Council move into Closed Council from Open Council at 7:45pm.

9 NOTICE OF MOTIONS/QUESTIONS WITH NOTICE

9.1 NOTICE OF MOTION - 'FRAUD SQUAD": MRE & MURRAY RIVER COUNCIL

MOTION Moved: Cr Gen Campbell Seconded: Cr Thomas Weyrich That I wish to have this motion tendered at the February Council meeting with a division noted. 1. That the Murray River Energy Pty Ltd (MRE) ethanol plant development, finances and all circumstances including the current and prior activities of the parent company, Dongmun Greentec Pty Ltd, to establish similar developments in other Councils, specifically , be referred formally by Murray River Council for urgent investigation by the NSW Police fraud squad.

In Favour: Crs Gen Campbell, Nikki Cohen, Tony Aquino and Thomas Weyrich Against: Crs Chris Bilkey, Ann Crowe, Neil Gorey, Alan Mathers and Geoff Wise LOST 4/5

Page 11 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

FORESHADOWED MOTION Moved: Cr Gen Campbell Seconded: Cr Thomas Weyrich That the motion to defer until Audit Report received. In Favour: Crs Chris Bilkey, Nikki Cohen, Ann Crowe, Neil Gorey, Alan Mathers and Geoff Wise Against: Crs Gen Campbell, Tony Aquino and Thomas Weyrich CARRIED 6/3

9.3 NOTICE OF MOTION - COUNCILLORS RECEIVE COPIES OF THE LOAN AGREEMENT BETWEEN COUNCIL AND MRE

MOTION That 1. Councillors receive copies of the loan agreement between council and MRE in its entirety in a clear and readable fashion including all items that have been removed in previous copies (noting items 5 and 6 deleted)

MOTION WITHDRAWN

9.4 NOTICE OF MOTION - COUNCIL CONDUCT AN URGENT REVIEW OF OUR RELATIONSHIP WITH KELL MOORE LAWYERS

MOTION Moved: Cr Thomas Weyrich Seconded: Cr Nikki Cohen That 1. My notice of motion is that council conduct an urgent review of our relationship with Kell Moore lawyers given the dismal response to questions concerning the ethanol plant.

Page 12 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

AMENDMENT TO MOTION Moved: Cr Thomas Weyrich Seconded: Cr Nikki Cohen That Council conduct a review of the provision of Legal services for Council matters. In Favour: Crs Chris Bilkey, Gen Campbell, Nikki Cohen, Tony Aquino, Ann Crowe, Neil Gorey, Alan Mathers, Thomas Weyrich and Geoff Wise Against: Nil CARRIED 9/0

10 CONFIDENTIAL MATTERS

RESOLUTION 240221 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993: 10.1 Recommendation for the award of Tender Number C2023 for the Construction of Rangemore Road/Jimaringle Creek Bridge This matter is considered to be confidential under Section 10A(2) - c, d(i) and d(ii) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council. CARRIED

Page 13 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

RESOLUTION 250221 Moved: Cr Alan Mathers Seconded: Cr Tony Aquino That Council moves out of Closed Council into Open Council. CARRIED

BRING FORWARD RESOLUTIONS Moved: Cr Alan Mathers Seconded: Cr Tony Aquino That the Council brings forward the resolutions from Closed Council into Open Council and these be read aloud.

9.1 Foreshadowed motion was passed to defer investigation by the NSW Police fraud squad until Audit Report received. 9.3 Withdrawn 9.4 Amended that Council conduct a review of Legal services for Murray River Council. 10.1 Recommendation as written.

9.2 NOTICE OF MOTION - AMENDMENT OF COUNCIL MEETING TIMES

RESOLUTION 260221 Moved: Cr Alan Mathers Seconded: Cr Tony Aquino That 1. MRC amend the monthly council meeting to 2 pm for the current year of 2021.

CARRIED

FORESHADOWED MOTION Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino That the time changes until the new elected Council occurs in September and they decide on the best time for the new Council.

11 CONCLUSION OF MEETING

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 10:29pm.

Page 14 MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 23 February 2021

The next Ordinary Meeting of Murray River Council will be held on Tuesday 23 March 2021, commencing at 2:00pm, in Council Chambers, Moama Administration Office, 52 Perricoota Road, 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 FEBRUARY 2021, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 23 MARCH 2021.

...... MAYOR

...... CHIEF EXECUTIVE OFFICER

Page 15