MURRAY RIVER COUNCIL Ordinary Council Meeting Minutes 17 December 2019

MINUTES OF COUNCIL ORDINARY COUNCIL MEETING HELD IN TATALIA ROOM 3 (UPPER LEVEL), RICH RIVER GOLF CLUB, 24 LANE, ON TUESDAY, 17 DECEMBER 2019 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: Des Bilske (General Manager), Ross Mallett (Director Corporate Services), Scott Barber (Director Engineering), David Wilkinson (Director Planning, Waste & Regulatory Services), John Harvie (Manager Economic Development & Tourism), Kerri Keogh (Manager Office of the General Manager), Courtney Dean (Coordinator Communications)

1 ACKNOWLEDGEMENT OF COUNTRY

The Mayor opened the meeting with an Acknowledgement of Country.

2 OPENING PRAYER

The Mayor held a short appropriate prayer.

3 LEAVE OF ABSENCE/APOLOGIES

There were no leave of absence/apologies tendered by Councillors to the meeting.

4 CONFLICT OF INTERESTS DECLARATIONS

Cr Geoff Wise declared a conflict of interests in Item 10.5 of the General Manager’s Report on Building Better Regions Fund – Infrastructure Projects Stream – Round 4 – Application for Moama Preschool. Cr Gen Campbell declared a conflict of interests in Item 13.1 of the Director Planning, Waste & Regulatory Services Report on Review of Determination (Development Application 10.2019.131.1) – 4 Lot Subdivision (Boundary Realignment). Cr Gen Campbell declared a conflict of interests in Item 17.3 of the Confidential Reports on Moama Riverside Caravan Park – New Lease.

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5 CONFIRMATION OF MINUTES

5.1 CONFIRMATION OF MINUTES - ORDINARY MEETING OF COUNCIL OF 26 NOVEMBER 2019

RESOLUTION 011219 Moved: Cr Nikki Cohen Seconded: Cr Thomas Weyrich That the minutes of the Ordinary Meeting of Murray River Council held on 26 November 2019 be confirmed as a true and correct record. CARRIED

6 DEPUTATIONS

There were no deputations to be heard on any matter within the meeting.

7 MAYORAL MINUTE

There was not a Mayoral Minute submitted by the Mayor to the meeting.

8 STANDING COMMITTEE REPORTS

There were no standing committee reports submitted to the meeting.

9 NOTICES OF MOTION/NOTICES OF RESCISSION

9.1 NOTICE OF MOTION - INTERNAL AUDIT

RESOLUTION 021219 Moved: Cr Gen Campbell Seconded: Cr Neil Gorey That the Council supports the release of the RSD Internal Audit Report - Procurement, Accounts Payable and Credit Cards dated July 2019 to all Councillors. CARRIED

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10 GENERAL MANAGER’S REPORT & SUPPLEMENTARY MATTERS

10.1 RESOLUTIONS OF THE COUNCIL - RESOLUTION TRACKER & INFOCOUNCIL ACTION REPORT

RESOLUTION 031219 Moved: Cr Geoff Wise Seconded: Cr Nikki Cohen That the Council receives and notes the status of previous resolutions of the Council (in open Council) contained in both the manual Resolution Tracker and InfoCouncil Action Report. CARRIED

10.2 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT 2020

RESOLUTION 041219 Moved: Cr Alan Mathers Seconded: Cr Geoff Wise 1. That Councillors notify the General Manager of possible motions for submission to the National General Assembly of Local Government 2020 to be held in Canberra on 14-17 June before the close off at 11:59pm AEST on Friday 27 March 2020. 2. That the Council approve the attendance of the Mayor and General Manager at the State of the Regions Forum and National General Assembly 2020 to be held in Canberra on 14- 17 June. 3. That the Council approve the inclusion of a budget allocation of $3,500 to be added to the travel budgets for both the Mayor and General Manager to cover attendance at the State of the Regions Forum and National General Assembly 2020 to be held in Canberra on 14-17 June. CARRIED

10.3 MURRAY RIVER COUNCIL COMMUNITY ENGAGEMENT STRATEGY, INCORPORATING COMMUNITY PARTICIPATION PLAN

RESOLUTION 051219 Moved: Cr Alan Mathers Seconded: Cr Ann Crowe That Council adopts the Murray River Council Community Engagement Strategy which incorporates a Community Participation Plan, as required under the Environmental Planning & Assessment Act 1979. CARRIED

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10.4 COUNCILLOR ATTENDANCE AT 2020 DAY EVENTS

RESOLUTION 061219 Moved: Cr Ann Crowe Seconded: Cr Nikki Cohen That Councillor attendance at each of the seven Australia Day events across the Murray River Council area be as follows:  Barham – 7:00am, Riverside Park ...... Deputy Mayor, Cr Alan Mathers  – 7:00am, Koraleigh Recreation Reserve ...... Cr Ann Crowe  – 8:00am, Soldiers Memorial Gardens ... Cr Thomas Weyrich & Cr Geoff Wise  Moama – 8:00am, Moama Echuca Botanic Gardens ...... Mayor, Cr Chris Bilkey  – 8:00am, The Triangle ...... Cr Neil Gorey  – 7:30am, Mensforth Park ...... Cr Tony Aquino  – 8:00am, Wakool Hall ...... Cr Nikki Cohen CARRIED

10.5 BUILDING BETTER REGIONS FUND – INFRASTRUCTURE PROJECTS STREAM – ROUND FOUR - APPLICATION FOR MOAMA PRESCHOOL

Cr Geoff Wise declared a significant non-pecuniary conflict of interests in this matter, as he owns a day care centre which is a direct conflict, took no part in discussion, tabled a written notice to the General Manager and left the meeting at 6:27pm.

RESOLUTION 071219 Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino That Council endorse the grant application to the Building Better Regions Fund for the new Moama Preschool project. CARRIED

At this stage of the meeting, being 6:28pm, Cr Geoff Wise returned to the meeting.

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11 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS

11.1 FINANCIAL STATEMENTS & INVESTMENTS AS AT 30 NOVEMBER 2019

RESOLUTION 081219 Moved: Cr Ann Crowe Seconded: Cr Alan Mathers 1. That the Officer’s report on Council’s Financial Statements, Bank Reconciliations and Investments as at 30 November 2019 be received and noted by the Council. 2. That the report detailing Council’s position of $57,407,049.83 as at 30 November 2019 is received by the Council. 3. That the report detailing Council’s investment balance of $49,826,738.66 as at 30 November 2019 is received by the Council. CARRIED

11.2 REVIEW OF MOAMA LIONS AND MATHOURA COMMUNITY VILLAGES

RESOLUTION 091219 Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the Council defer consideration of the item on the Review of Moama Lions and Mathoura Community Villages. CARRIED

12 DIRECTOR ENGINEERING REPORT & SUPPLEMENTARY MATTERS

12.1 MAJOR PROJECTS PROGRESS UPDATE

RESOLUTION 101219 Moved: Cr Nikki Cohen Seconded: Cr Neil Gorey That the Officer’s report on the Major Projects Progress Update as at 3 December 2019 be received and the information noted by the Council. CARRIED

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13 DIRECTOR PLANNING, WASTE & REGULATORY SERVICES REPORT & SUPPLEMENTARY MATTERS

13.1 REVIEW OF DETERMINATION (DEVELOPMENT APPLICATION 10.2019.131.1) – 4 LOT SUBDIVISION - (BOUNDARY RE-ALIGNMENT)

Cr Gen Campbell declared a significant non-pecuniary conflict of interests in this matter, as she is currently utilising services, took no part in discussion, tabled a written notice to the General Manager and left the meeting at 6:33pm.

RESOLUTION 111219 Moved: Cr Alan Mathers Seconded: Cr Tony Aquino 1. That the Officer’s report be received and noted by the Council. 2. That the decision to refuse Development Application 10.2019.131.1 be upheld as a result of the Review of Determination under Section 8.2(1)(a) of the Environmental Planning & Assessment Act 1979 for the reasons listed in the Executive Summary section of the report. CARRIED In Favour: Crs Chris Bilkey, Nikki Cohen, Tony Aquino, Ann Crowe, Neil Gorey, Alan Mathers and Thomas Weyrich Against: Cr Geoff Wise Declared Interest: Cr Gen Campbell CARRIED 7/1

At this stage of the meeting, being 6:40pm, Cr Gen Campbell returned to the meeting.

14 QUESTIONS ON NOTICE

There were no questions on notice submitted to the meeting.

15 CORRESPONDENCE REPORT

15.1 CORRESPONDENCE REPORT

RESOLUTION 121219 Moved: Cr Nikki Cohen Seconded: Cr Neil Gorey That the Correspondence Report be received and the information noted by the Council. CARRIED

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16 SUNDRY DELEGATES REPORT

16.1 SUNDRY DELEGATES REPORT

RESOLUTION 131219 Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino 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. CARRIED

The Mayor, Cr Chris Bilkey advised the Council that, as reported, he did not attend the Southern 80 Ski Race Launch at the Moama Beach on 3 December 2019. The Deputy Mayor, Cr Alan Mathers advised the Council that, in addition to his report, he also attended:  10 Dec: MRSG Workshop response to NSW Water Sharing Plan (meet with Senator Malcolm Roberts & preparation for Senate hearing in Griffith) –  10 Dec: Wakool Public School Presenation Evening – Wakool  11 Dec: MRSG Meeting with Senate Hearing Management & Execution of the Murray Darling Basin Plan – Griffith  17 Dec: Barham Public School Presentation Day – Barham Cr Gen Campbell advised the Council that, in addition to her report, she also attended the Moama Lions Community Village Management Committee Meeting in Moama on 10 December 2019. Cr Ann Crowe advised that Council that, in addition to her report, she also attended:  28 Nov: Meeting with representative of Wamba Wamba, in company with Council’s Manager Economic Development & Tourism, John Harvie –  1 Dec: Murray Downs Advancement Group Christmas Party – Murray Downs  16 Dec: Tooleybuc Central School Presentation Function – Tooleybuc Cr Neil Gorey tabled his attendance at the following meetings and functions:  25 Oct: Official Opening of Barham Preschool Early Learning Centre – Barham  28 Oct: Tooleybuc Action Group Mensforth Park Committee RE: inspection of pontoon project – Tooleybuc  28 Oct: ‘Meet the Council’ Session – Tooleybuc  29 Oct: ‘Meet the Council’ Session – Koraleigh  30 Oct: Murray River Council Community Grants Assessment Panel Meeting – Moama  1 Nov: Murray Downs Advancement Group Meeting – Murray Downs  11 Nov: Official Opening of Murray Connect – Barham  18 Nov: ‘Meet the Council’ Session – Moulamein  1 Dec: Murray Downs Advancement Group Christmas Party – Murray Downs  3 Dec: ‘Meet the Council’ Session – Wakool Cr Thomas Weyrich advised the Council that, in addition to his report, he also attended the Riverine Herald Echuca Brekky in Echuca on 13 December 2019.

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17 CONFIDENTIAL REPORTS

RESOLUTION 141219 Moved: Cr Thomas Weyrich Seconded: Cr Nikki Cohen 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 6:42pm to consider the confidential report(s) listed below: 17.1 Confidential Resolutions of the Council - InfoCouncil Action Report This matter is considered to be confidential under Section 10A(2) - d(iii) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, reveal a trade secret. 17.2 Murray River Council 2020 Australia Day Awards This matter is considered to be confidential under Section 10A(2) - d(iii) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, reveal a trade secret. 17.3 Moama Riverside Caravan Park - New Lease This matter is considered to be confidential under Section 10A(2) - c of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 17.4 Strategic Support for Water Dependent Community Businesses This matter is considered to be confidential under Section 10A(2) - c of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 17.5 Strategic Support for Rural Ratepayers (Murray Irrigation) - Council Bridges Funding Application This matter is considered to be confidential under Section 10A(2) - c, d(i) and d(ii) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council. 17.6 Barham Pontoon Project Gangway Incident This matter is considered to be confidential under Section 10A(2) - d(i) 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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

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17.7 Tender C1802 for Road Paving Patcher Truck This matter is considered to be confidential under Section 10A(2) - c of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 17.8 Draft Murray River Council Local Strategic Planning Statement This matter is considered to be confidential under Section 10A(2) - d(iii) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, reveal a trade secret. CARRIED

ADOPTION

RESOLUTION 151219 Moved: Cr Nikki Cohen Seconded: Cr Alan Mathers That the Council moves out of Closed Council into Open Council at 7:21pm. CARRIED

RESOLUTION 161219 Moved: Cr Neil Gorey Seconded: Cr Nikki Cohen That the Council brings forward the resolutions from Closed Council into Open Council and these be read aloud. CARRIED

17.1 Confidential Resolutions of the Council – InfoCouncil Action Report Moved: Cr Alan Mathers Seconded: Cr Geoff Wise RESOLVED That the Council receives and notes the status of previous resolutions of the Council (in Closed Council) contained in the InfoCouncil Action Report.

17.2 Murray River Council 2020 Australia Day Awards Moved: Cr Thomas Weyrich Seconded: Cr Alan Mathers RESOLVED That Council award a Citizen of the Year, Young Citizen of the Year, Sportsperson of the Year, Young Sportsperson of the Year, Community Event of the Year, Community Group of the Year and Arts/Cultural Award (person or group) for the Murray River Council 2020 Australia Day Awards.

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17.3 Moama Riverside Caravan Park – New Lease Cr Gen Campbell declared a significant non-pecuniary conflict of interests in this matter, as she is a landholder in the neighbourhood, took no part in discussion, tabled a written notice to the General Manager and left the meeting at 6:48pm. Moved: Cr Geoff Wise Seconded: Cr Neil Gorey RESOLVED That Council authorise the entering into a new 21 year lease with the Moama Riverside Caravan Park following the completion of an agreed capital works program by 31 December 2020. Cr Gen Campbell returned to the meeting at 6:51pm.

17.4 Strategic Support for Water Dependent Community Businesses The motion LAPSED for want of a mover and seconder.

17.5 Strategic Support for Rural Ratepayers (Murray Irrigation) – Council Bridges Funding Application Moved: Cr Geoff Wise Seconded: Cr Neil Gorey RESOLVED 1. That Murray River Council supports rural ratepayers and approves Murray Irrigation’s request to apply for funding under the NSW Government’s ‘Fixing Country Roads’ program as Council’s delegated asset manager by 30 December 2019. 2. That Council protects 546 of its rural ratepayers from a necessary increase in Murray Irrigation’s fees and charges worth approximately $650,000 per annum.

17.6 Barham Pontoon Project Gangway Incident Moved: Cr Alan Mathers Seconded: Cr Nikki Cohen RESOLVED That the Officer’s report on the Barham Pontoon Project Gangway Incident as at 2 December 2019 be received and noted by the Council.

17.7 Tender C1802 for Road Paving Patcher Truck Moved: Cr Nikki Cohen Seconded: Cr Tony Aquino RESOLVED That Council approves the termination of the purchase order contract number 74949 dated 29 August 2018 with Paveline International Pty Ltd and accepts the revised proposal dated 22 October 2019 received from Ausroad Jetmaster Trucks for the supply of one (1) Road Paving Patcher Truck for the sum of $451,011 including GST.

17.8 Draft Murray River Council Local Strategic Planning Statement Moved: Cr Ann Crowe Seconded: Cr Neil Gorey RESOLVED That Council: 1. Provide in-principle support for the draft Murray River Council Local Strategic Planning Statement. 2. Proceed to public consultation of the finalised draft Local Strategic Planning Statement in February 2020, or as soon as practicable.

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18 NOTICE OF URGENT BUSINESS

Cr Gen Campbell referred to notice she had received on the Local Government NSW Annual Tourism Conference, to be co-hosted by Snowy Monaro Regional Council and held from 16-18 March 2020 at Rydges Horizons Snowy Mountains Jindabyne, and advised the Council that she wished to attend. The General Manager advised that a report on the matter will be presented to the Ordinary Meeting of Council of 28 January 2020 whereby Councillors will be able to consider attendance at same.

19 CLOSE OF MEETING

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 7:28PM.

The next Ordinary Meeting of Murray River Council will be held on Tuesday 28 January 2020, commencing at 6:00pm, in the 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 17 DECEMBER 2019, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 28 JANUARY 2020.

...... MAYOR

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