notice of meeting · agenda items 5. confirmation of minutes ordinary meeting of 12 december 2017...

NOTICE OF MEETING

1. ACKNOWLEDGEMENT OF COUNTRY

2. OPENING PRAYER

3. LEAVE OF ABSENCE/APOLOGIES

4. CONFLICT OF INTEREST DECLARATIONS

5. CONFIRMATION OF MINUTES

6. DEPUTATIONS

2:30PM

Jon Curry and/or Representative

Re: Director Planning, Environment & Economic Development Report, Clause 5 (Item 11.3)

7. MAYORAL MINUTE

8. STANDING COMMITTEE REPORTS

9. NOTICES OF MOTION/NOTICES OF RESCISSION

10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS

11.1 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS

11.2 DIRECTOR ENGINEERING REPORT & SUPPLEMENTARY MATTERS

11.3 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT & SUPPLEMENTARY MATTERS

12. QUESTIONS ON NOTICE

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Agenda - Ordinary Meeting of Council - January 2018

13. CORRESPONDENCE REPORT

14. SUNDRY DELEGATES REPORT

15. BIRTHS AND CONDOLENCES

16. CONFIDENTIAL REPORTS

Section 10A (1) of the Local Government Act 1993 (the 'Act') provides as follows:

A council or a committee of the council of which all the members are councillors, may close to the public so much of its meeting as comprises:

(a)the discussion of any of the matters listed in subclause (2), or

(b) the receipt or discussion of any of the information so listed.

In accordance with the Act and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the business contained in the Confidential Reports listed in this Agenda is of a kind as referred to in Section 10A (2) of the Act and should be dealt with in a part of the meeting closed to the public.

On balance, the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings.

16.1 GENERAL MANAGER'S CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS

17. NOTICE OF URGENT BUSINESS

18. CLOSE OF MEETING

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Agenda Items

5. CONFIRMATION OF MINUTES Ordinary Meeting of 12 December 2017

9. NOTICES OF MOTION/NOTICES OF RESCISSION Notice of Motion A

Notice of Motion B

Notice of Motion C

10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Membership of Central Murray County Council

CLAUSE 2. National General Assembly of Local Government - Call for Motions

CLAUSE 3. National General Assembly of Local Government - Attendance

CLAUSE 4. Joint Organisation of Council Arrangements

CLAUSE 5. Consultation on the Proposed Councillor Induction & Professional Development Guidelines

CLAUSE 6. Draft Model Code of Meeting Practice for Local Councils in NSW

CLAUSE 7. Request from Byron Shire Council

CLAUSE 8. Request from NSW Rural Fire Service Association

11.1 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Financial Statements and Investments 31 December 2017

CLAUSE 2. Murray River Council Delegations of Authority Policy (re submitted from December 2017)

CLAUSE 3: MRC Media Relations Policy

CLAUSE 4. Moama Sporting Complex

11.3 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT REPORT & SUPPLEMENTARY MATTERS CLAUSE 1. Developments Approved in November & December 2017

CLAUSE 2. Community Living and Respite Care - Request to Waive Development Application Fees

CLAUSE 3. Project Manager Role

CLAUSE 4. Planning Proposal to Amend Murray Local Environmental Plan 2011 PP_2016_MRIVE_002_00 Rezoning of Lot 11 DP 285511, 312 Perricoota Road, MOAMA NSW 2731 from RU1 Primary Production to R1 General Residential, and Reduction of Minimum Lot Size Provision from 120 Hectares to 750m2

CLAUSE 5. Planning Proposal to Amend Murray Local Environmental Plan 2011 PP_2016_MRIVE_005_00 Rezoning of Tindarra Resort from E3 Environmental Management to SP3 Tourist

CLAUSE 6. Heritage Advisory Committee and Local Heritage Fund

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CLAUSE 7. 2018 Teddy Bear's Picnic

12. QUESTIONS ON NOTICE Questions on Notice - Councillor TE Weyrich

13. CORRESPONDENCE REPORT Correspondence Report - Part B

14. SUNDRY DELEGATES REPORT Mayor, Councillor CR Bilkey

Deputy Mayor, Councillor GS Campbell

Councillor A Aquino

Councillor NF Cohen

Councillor NH Gorey

Councillor A Crowe

Councillor AM Mathers

Councillor TE Weyrich

Councillor GW Wise

16.1 GENERAL MANAGER'S CONFIDENTIAL REPORT & SUPPLEMENTARY MATTERS

CLAUSE 1. Central Murray Regional Library - Appointment of Citizen Representative for Murray River Council

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Ordinary Meeting of 12 December 2017

REPORT PREPARED BY:

MANAGER OFFICE OF THE GENERAL MANAGER - Kerri Keogh

RECOMMENDATION:

That the minutes of the Ordinary Meeting of Murray River Council held on 12 December 2017 be confirmed as a true and correct record.

BACKGROUND:

Murray River Council held its Ordinary Meeting of the Council on Tuesday 12 December 17, commencing at 1:00pm at the Riverside Reception Centre, 15 Murray Street, Barham.

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

Attachment

# Attachment Type

1 MINUTES_ORDINARY_DEC17 PDF File

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Notice of Motion A

REPORT PREPARED BY:


RECOMMENDATION:aaaa

1. That Murray River Council approach the Shire of Campaspe to have a combined meeting, with a view to communicating to the Victorian Minister for Transport the councils' disappointment at having a single lane bridge built at Echuca Moama; and ascertain whether the structure and the approaches to the structure have the ability to be expanded to accommodate more lanes in the future.

2. That Murray River Council communicate and meet with other Victorian local government bodies where new bridges are being constructed on the NSW/Victorian border with Murray River Council's local government area.

aaaaBACKGROUND:

Councillor TE Weyrich has submitted the following motion for consideration by the Council.

MOTION

1. That Murray River Council approach the Shire of Campaspe to have a combined meeting, with a view to communicating to the Victorian Minister for Transport the councils' disappointment at having a single lane bridge built at Echuca Moama; and ascertain whether the structure and the approaches to the structure have the ability to be expanded to accommodate more lanes in the future.

2. That Murray River Council communicate and meet with other Victorian local government bodies where new bridges are being constructed on the NSW/Victorian border with Murray River Council's local government area.

aaaa

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Notice of Motion B

REPORT PREPARED BY:


RECOMMENDATION:

That in consideration of the potential negative financial impacts on the retailers within the Murray River Council local government area of the container collection scheme, that Murray River Council write to the NSW government and request that:

1. the NSW government acknowledges the negative impacts on NSW retailers as a result of the cross border issues created by the container collection scheme.

2. the NSW government actively consult with the Victorian state government and encourage that their government also participate in the container collection scheme, so as to eliminate the cross border impacts.

BACKGROUND:

Councillor NH Gorey has submitted the following motion for consideration by the Council.

MOTION that in consideration of the potential negative financial impacts on the retailers within the Murray River Council local government area of the container collection scheme, that Murray River Council write to the NSW government and request that:

1. the NSW government acknowledges the negative impacts on NSW retailers as a result of the cross border issues created by the container collection scheme.

2. the NSW government actively consult with the Victorian state government and encourage that their government also participate in the container collection scheme, so as to eliminate the cross border impacts.

aaaa

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Notice of Motion C

REPORT PREPARED BY:


RECOMMENDATION:

That Murray River Council remove the locked gate at the Murray Street Reserve (Moama).

BACKGROUND:

The Deputy Mayor, Councillor GS Campbell has submitted the following motion for consideration by the Council.

MOTION that Murray River Council remove the locked gate at the Murray Street Reserve (Moama).

Discussion:

The removal of the locked gate at the Murray Street Reserve (Moama) would give the ability for people trying to access river craft. At present, the Moama Wharf is under utilised and locked away from local ratepayers and river users wishing to take passengers to enjoy our river.

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CLAUSE 1. Membership of Central Murray County Council

DIRECTOR'S REPORTaaaaGENERAL MANAGERaaaaREPORT PREPARED BY

ACTING GENERAL MANAGER - Des Bilske

RECOMMENDATIONaaaa

1. That Murray River Council discontinue membership of the Central Murray County Council from the end of the 2017/2018 financial year, 30 June 2018.

2. That Murray River Council advise the other members of the Central Murray County Council (CMCC), namely Berrigan Shire Council and Edward River Council, of its decision to discontinue membership of CMCC from 30 June 2018.

3. That Murray River Council advises the Minister for Local Government of its decision to discontinue membership of the Central Murray County Council from 30 June 2018.

aaaaBACKGROUND

The Central Murray County Council (CMCC) has sought clarification from each of its member councils as to their desire for the continuation of the Noxious Weeds Management and Feral Animal Control role being undertaken by CMCC or whether the member councils desire to take up the role themselves.

Currently, CMCC provides services to the Greater Murray Ward and Moama Ward of Murray River Council, with some additional work being undertaken in these ward areas by Council's staff as demand dictates.

Noxious Weeds Management and Feral Animal Control within the Greater Wakool Ward of Murray River Council is undertaken by two designated staff members operating from the Moulamein Depot.

DISCUSSION

The current anticipated cost of CMCC providing the services for the Greater Murray and Moama Wards of Council for the 2017/2018 year from the CMCC meeting of November 2017 is $224,286.61, which is made up of current contributions of $118,262.21 plus $106,024.40 as budget shortfall. The budget shortfall consists of $51,882 committed for private works and an additional contribution of $54,142.40.

If services were to be extended to the Greater Wakool Ward area the estimated cost for CMCC to provide the service is $328,718 which could be partly offset by $55,055 in specific purpose grants that are received. This would mean an additional contribution of $273,663 from Murray River Council for the greater Wakool Ward.

This would mean a total cost of service of $547,040.61 for Murray River Council if the current specific purpose grants for Greater Murray Ward and Moama Ward of $50,000 is considered. This is partly offset by the expected specific purpose grants totalling $105,055 as revenue. The total cost to Murray River ratepayers would be $441,985.61 for a year.

Please find attached a spreadsheet which details the breakdown of the budget as provided by CMCC for the first quarter review of 2017/2018. It should be noted that within this budget the actual expenditure on employee costs and plant running costs is already at 37% of the annual total by the end of the first quarter. While there is a variation of $23,238.67 requested for employee costs it is considered that these budget lines will be significantly exceeded by end of year resulting in a further contribution requirement of Council of approximately $85,000 just for the Greater Murray and Moama Wards. This amount is not included in the above figures.

Staying with the CMCC means that Council will be contributing to the office and depot costs and administration of another council body on an ongoing basis, whereas these costs would be covered by current structures within the Murray River Council.

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STRATEGIC IMPLICATIONS

The inclusion of services for pest plant and animal management within the Murray River Council meets with the strategic objectives Theme 2 Strategic Area E for an Enhanced Natural Environment.

BUDGETARY IMPLICATIONS

Bringing the pest plant and animal management within the existing Murray River Council organisational structure will make provision for some small savings from not having to pay for administration, office and depot costs for another council.

POLICY IMPLICATIONS

There are no policy implications from this report.

LEGISLATIVE IMPLICATIONS

The determination to withdraw from the Central Murray County Council will require advice to all other parties involved to meet with the legislative requirements.

RISK ANALYSIS

The risks associated with the transfer of responsibilities for pest plant and animal management being transferred from CMCC to Council is minimal as it is anticipated that the same staff as are currently performing the functions will be transferred to Murray River as part of this process.

CONCLUSION

Following review of the CMCC budgets and costs of operation after their presentation in December 2017 it is evident that the best outcome for Murray River Council is for pest plant and animal management activities being undertaken within our own Council

Attachment

# Attachment Type

1 Central Murray County Council

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CLAUSE 2. National General Assembly of Local Government - Call for Motions

REPORT GROUPaaaaGENERAL MANAGERaaaaREPORT PREPARED BY


RECOMMENDATION

That Murray River Council consider possible motions for submission to the National General Assembly of Local Government to be held in Canberra on 17-20 June 2018 before the close off at Friday 30 March 2018.

BACKGROUND

The National General Assembly (NGA) of Local Government is held each year in Canberra during the month of June to discuss matters and make resolutions on motions that may strengthen the capacity of local government to provide services and infrastructure in Australia.

Each year the Australian Local Government Association (ALGA) calls for motions that fit within the published criteria of:

• be relevant to the work of local government nationally;• be consistent with the theme of the NGA;• compliment or build on the policy objectives of our state and territory local government

associations;• be submitted by a council which is a financial member of their state or territory local government

association;• propose a clear action and outcome;• not be advanced on behalf of external third parties that may seek to use the NGA to apply

pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interest of, local government.

aaaaDISCUSSION

ALGA has issued a discussion paper (attached) calling for motions to be submitted for the 2018 NGA of Local Government. The purpose of the paper is to provide guidance in the development of motions for debate at the 2018 NGA. The paper provides an overview of policy areas in which the NGA has a well-established position and identifies potentially new and emerging policy areas which are being developed by the ALGA and require detailed consideration. Councils are particularly encouraged to submit motions on these areas.

The theme for this year's NGA is "Australia's Future, Make it Local".

The established ALGA policy areas are as follows:

• Financial Assistance Grants;• Freight Strategy;• Roads to Recovery;• Additional Local Roads Funding for South Australia;• Climate Change Plans;• Indigenous;• Community Infrastructure.

The new and emerging policy areas to be considered for motions are as follows:

• Housing Affordability;

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• Financial Sustainability - Oppose Cost Shifting;• Innovation and Digital Transformation - Smart Communities;• Harmonising Local Government Data;• Cyber Security;• Environment;• Regional Development

Please refer to the attached discussion paper for a more detailed explanation of each of the existing and emerging policy areas when considering possible motions.


Motions considered for submission to the NGA should fall within the strategic direction of Council and be supported by Local Government New South Wales (LGNSW).


There are no budgetary implications of this report.

POLICY IMPLICATIONS

There are no policy implications of this report.


There are no legislative implications of this report.

RISK ANALYSIS

Not applicable to this report.

CONCLUSION

The opportunity to submit potential motions to the National General Assembly of Local Government 2018 in accordance with the theme of "Australia's Future, Make it Local" is a chance to influence the future direction of local government in Australia.

Attachment

# Attachment Type

1 NGA_Discussion_Paper PDF File

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CLAUSE 3. National General Assembly of Local Government - Attendance



RECOMMENDATIONaaaa

1. That Council approve the attendance of the Mayor and General Manager at the upcoming State of the Regions Forum and National General Assembly of Local Government from 17 to 20 June 2018 in Canberra ACT.

2. That Council approve the inclusion of a budget allocation of $3,500 to be added to the travel budgets for each of the Mayor and General Manager to cover attendance at both the State of the Regions Forum and the National General Assembly of Local Government.

aaaaBACKGROUND

The National General Assembly (NGA) of Local Government is held in Canberra each year in the month of June. The NGA is an opportunity to focus on motions that are aimed at strengthening the capacity of local government to provide services and infrastructure in Australia. The State of the Regions Forum is held on the Sunday prior to the NGA of Local Government.

DISCUSSION

The NGA of Local Government allows for motions to be discussed on strengthening Local Government in the areas of:

• Financial sustainability;• Delivering services in regional cities and townships;• Infrastructure;• Innovation and digital transformation.

The NGA also allows for facilitating collaboration between state and territory associations in Local Government's role in:

• Indigenous policy issues;• Scale and capacity;• Women in Local Government;• Diversity in representation.

The opportunity for attendance at the NGA also allows for networking with other councils and coordinating meetings with Australian Government Ministers and politicians on any urgent relevant matters being considered by Council.


The attendance at the National General Assembly of Local Government helps deliver against the Leadership targets set within the Community Strategic Plan and Delivery Program.


The budget necessary to be approved for attendance at the State of the Regions Forum and National General Assembly of Local Government is $7,000, which covers the cost of the forum and conference, travel, accommodation, meals, and out of pocket expenses.

POLICY IMPLICATIONS

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There are no legislative implications of this report.

RISK ANALYSIS

Not required for this report.

CONCLUSION

Attendance by the Mayor and General Manager at the State of the Regions Forum and National General Assembly of Local Government from 17-20 June 2018 in Canberra is recommended.

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CLAUSE 4. Joint Organisation of Council Arrangements



RECOMMENDATION

In accordance with Part 7 of Chapter 12 of the Local Government 1993 (Act), the Murray River Council (Council) resolves:

1. That the Council inform the Minister for Local Government (Minister) of the Council's endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (Joint Organisation) in accordance with this resolution;

2. To approve the inclusion of the Council's area in the Joint Organisation's area;3. That the Joint Organisation be established to cover the Council's area and any one or more of the

following Council areas:Albury City, Federation, Berrigan, Edward River, Murray River, Balranald, Wentworth, Narrandera, Leeton, Griffith, Murrumbidgee, Carathool and Hay;

4. That on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister:

a) with a copy of this resolution including the date on which Council made this resolution, and

b) inform the Minister that this resolution has not been rescinded,

for the purpose of the Minister issuing a certificate under section 400P of the Act.

BACKGROUND

The Local Government Amendment (Regional Joint Organisations) Act 2017 commenced on 15 December 2017. To ensure that Council is a part of the Joint Organisation network, a council resolution is a critical part of the process of getting Joint Organisations areas recommended to the Governor to enable proclamation.

Riverina and Murray Regional Organisation of Council (RAMROC) has undertaken a workshop on 18 December 2017 on the possibilities associated with the need for establishment of Joint Organisations.

The resolution from RAMROC meeting is as follows:

RESOLVED that it be recommended to the RAMROC member Councils that they resolve to adopt Option 3 in the Executive Officer's report, which proposes the establishment of two Joint Organisations within the Department of Planning Riverina Murray State Regional Boundaries, these being a Murray and Murrumbidgee Joint Organisation comprising eleven Council areas (i.e. generally comprising current RAMROC Councils), and a Riverina Joint Organisation comprising nine Council areas (generally comprising current Riverina East Regional Organisation of Councils);

and noting that Balranald and Wentworth Shires now have an option to adopt full Joint Organisation membership for a Murray and Murrumbidgee Joint Organisation.

DISCUSSION

The RAMROC meeting of 18 December 2017 was attended by the Mayor and General Manager of each of the participating councils. There was a presentation from the Office of Local Government Mr Chris Presland on the possible administrative and governance arrangements of joint Organisations under the new Act.

During the discussion there were numerous potential options that were considered including the

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possibilities of a Joint Organisation that ran along the Murray River from Albury city west to include Murray River Council. This option was not supported by the majority of Councils within the area.

There was also discussion on a possible north south JO that included Murray River and griffith City as a regional centre that was not supported by the majority of councils within the area.

The final resolution of RAMROC was as above which was supported by a significant majority of the Councils in attendance.

To not support the RAMROC resolution would leave the Murray River Council in isolation from the Councils in RAMROC area as all of the near neighbours have voted in favour of the resolution.


This report helps deliver against Theme 1: A Leading Community (Governance) of the Delivery Program as it helps establish strong government and regional networks and provides for sound governance and administrative frameworks.


The budgetary implications of this report will be similar to the current costs associated with membership of RAMROC and will be determined more closely as the detail of the Joint Organisation arrangements are formalised.

POLICY IMPLICATIONS



The resolution to become a member of a Joint Organisation ensures compliance with the new legislation.

RISK ANALYSIS

There is a risk that if Murray River Council does not become a member of a Joint Organisation that they will be isolated from regional advocacy programs and may miss opportunities for some areas of growth.

CONCLUSION

It is recommended that Murray River Council join the other councils within RAMROC and form one Joint Organisation for the RAMROC area.

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CLAUSE 5. Consultation on the Proposed Councillor Induction & Professional Development Guidelines

REPORT PREPARED BY:


RECOMMENDATION:aaaa

1. That the Council consider the Office of Local Government's consultation draft of the proposed "Councillor Induction and Professional Development Guidelines".

2. That the Council (or individual Councillors) make comments for inclusion in a submission in response to the consultation draft of the Councillor Induction and Professional Development Guidelines to meet the close of submissions on 16 March 2018.

aaaaBACKGROUND:

As reported to the Council at the Ordinary Meeting of Council of 26 September 2017, amendments made to the Local Government Act 1993 (the ‘Act’) by the Local Government Amendment (Governance and Planning) Act 2016 in August 16 saw the inclusion in the prescribed role of councillors under section 232 a responsibility "to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor".

In support of this, the amendments allow regulations to be made for induction and other professional development for mayor and councillors. The proposed regulations are described in the attachment to the attached Circular to Councils 17-39.

DISCUSSION:

Office of Local Government (OLG) Council Circular 17-39 (6 December 2017) has advised that the OLG has prepared guidelines to assist councils to develop and deliver induction and ongoing professional development activities for their mayor and councillors in compliance with the proposed regulations.

OLG has issued a consultation draft of the proposed guidelines for comment prior to their being finalised and is inviting submissions from councils and other stakeholders on the draft document "Councillor Induction and Professional Development Guidelines".

The consultation draft of the Councillor Induction and Professional Development Guidelines is available on OLG's website at www.olg.nsw.gov.au.

Submissions should be made by COB Friday 16 March 2018.

STRATEGIC IMPLICATIONS:

Nil.

BUDGETARY IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

It is possible that after the release of the Councillor Induction and Professional Development Guidelines, Council will need to adopt a Murray River Council Councillor Induction and Professional Development Policy or similar.

LEGISLATIVE IMPLICATIONS:aaaa

• Local Government Act 1993• Local Government Amendment (Governance and Planning) Act 2016

aaaa

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http://www.olg.nsw.gov.au/

RISK ANALYSIS:

Nil.

CONCLUSION:

Amendments made to the Local Government Act 1993 by the Local Government Amendment (Governance and Planning) Act 2016 in August 2016 saw the inclusion in the prescribed role of councillors under section 232 a responsibility "to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor". The Office of Local Government (OLG) has issued a consultation draft on the proposed guidelines to assist councils to develop and deliver induction and ongoing professional development activities for their mayor and councillors in compliance with the proposed regulations. The OLG is inviting submissions from councils and other stakeholders on the consultation draft of the "Councillor Induction and Professional Development Guidelines".

Attachment

# Attachment Type

1 Circular to Councils 17-39 PDF File

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CLAUSE 6. Draft Model Code of Meeting Practice for Local Councils in NSW

REPORT PREPARED BY:


RECOMMENDATION:aaaa

1. That the Council consider the consultation draft of the Model Code of Meeting Practice for Local Councils in NSW.

2. That the Council (or Councillors) make comments for inclusion in a submission in response to the draft of the Model Code of Meeting Practice for Local Councils in NSW to meet the close of submissions on 16 March 2016.

aaaaBACKGROUND:

Amendments made to the Local Government Act 1993 (the Act) in August last year by the Local Government Amendment (Governance and Planning) Act 2016 provide for a model code of meeting practice (Model Meeting Code) to be prescribed by regulation.

The Office of Local Government (OLG), in consultation with councils, has prepared a consultation draft of the proposed Model Meeting Code. Once this is finalised, it will replace the meeting rules currently prescribed in the Local Government (General) Regulation 2005 (the Regulation).

The Model Meeting Code has two elements:

• Mandatory provisions (indicated in black font) that reflect the existing meetings provisions of the Act and adopt those currently contained in the Regulation.

• Non-Mandatory provisions (indicated in red font) that cover areas of meeting practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances.

aaaaDISCUSSION:

OLG Council Circular 17-40 (6 December 2017) (attached) has advised that the OLG is inviting submissions from councils and other stakeholders on the consultation draft of the Model Meeting Code, which is available on OLG's website at www.olg.nsw.gov.au.


In making submissions on the draft Model Code, OLG would welcome feedback from councils on whether any of the proposed non-mandatory provisions should be mandated. If there is sufficient body of support for these from councils, these may be made mandatory in the final version of the Model Meeting Code.

Once the Model Meeting Code is finalised, councils will be given a period of 6 months in which to adopt a code of meeting practice based on the Model Meeting Code.

STRATEGIC IMPLICATIONS:

Nil.

BUDGETARY IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Council will need to update its adopted Murray River Council Code of Meeting Practice (POL101) to make provision for the changes as per the Model Meeting Code for Local Councils in NSW.

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LEGISLATIVE IMPLICATIONS:aaaa

• Local Government Act 1993• Local Government (General) Regulation 2005• Local Government Amendment (Governance and Planning) Act 2016

aaaaRISK ANALYSIS:

Nil.

CONCLUSION:

Amendments made to the Local Government Act 1993 (the Act) in August last year by the Local Government Amendment (Governance and Planning) Act 2016 provide for a model code of meeting practice (Model Meeting Code) to be prescribed by regulation. The Office of Local Government (OLG), in consultation with councils, has prepared a consultation draft of the proposed Model Meeting Code. The OLG is inviting submissions from councils and other stakeholders on the consultation draft of the Model Meeting Code.

Attachment

# Attachment Type

1 Circular to Councils 17-40 PDF File

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CLAUSE 7. Request from Byron Shire Council


PROJECT OFFICER - Rosemarie Lewandowski

RECOMMENDATION

That Murray River Council consider supporting Byron Shire Council in their request to the State Government to establish an expression of interest process seeking submissions from Local Government Areas to act as trial locations for the implementation and management of a trial tourism accommodation levy (bed tax).

BACKGROUND

A letter has been received from Mayor Simon Richardson of the Byron Shire Council seeking support for a trial of a Tourism Accommodation Levy (Bed Tax).

Byron Shire Council has 32,000 residents with just 15,000 ratepayers and the Council and community are straining under the weight of an extra 2.1 million people a year (and greater growth expected to come).

Byron Shire Council needs to explore and implement processes to raise revenue that go beyond requesting locals to pay more. They have recently had a special rate variation which requires locals to pay more for infrastructure improvements and upgrades but they are now seeking ways to obtain financial support from the visitors to the region.

DISCUSSION

Does Murray River Council wish to support Byron Shire Council in their request to the State Government to establish an expression of interest process seeking submissions from Local Government Areas to act as trial locations for the implementation and management of a trial tourism accommodation levy (bed tax).

NOTE:

A tourism accommodation levy (bed tax) has been used around the world for decades as a way to raise revenue from visitors in order to fund the infrastructure impacts by visitation. This tax/levy has had minimal negative impact on visitation numbers and/or expenditure.


None applicable


None applicable

POLICY IMPLICATIONS

There is no current policy relating to this item.


None currently applicable

RISK ANALYSIS

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Not applicable at this time.

CONCLUSION

Byron Shire Council would welcome the opportunity to trial the implementation of a tourism accommodation levy in Byron Shire to assist in alleviating the stress placed on their local communities and infrastructure and they seek Council's support.

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CLAUSE 8. Request from NSW Rural Fire Service Association



RECOMMENDATION

That Murray River Council consider supporting the NSW Rural Fire Service Association in their request to make the speed limit at emergency incidents in NSW 40 kilometres per hour by writing to the NSW Premier, Minister for Roads and Maritime, State Member of Parliament and the Roads and Maritime Services advocating for new legislation to protect all emergency service personnel.

BACKGROUND

Correspondence has been received from the NSW Rural Fire Service Association (RFSA) appealing to Council to assist them in advocating change for the safety of the everyday men and women who volunteer their time to work together in keeping NSW safe and allow the emergency service agencies to provide the excellent emergency response in a safe environment.

The RFSA believes that the speed limit passing emergency incidents should be limited by legislation to 40 kilometres per hour in NSW. Implementing this speed limit will make work situations much safer for volunteer and career personnel (from all emergency service agencies) as they attend to the tasks of saving lives in and around our roads.

Both South Australia and Victoria have taken steps to facilitate a safe speed limit when traveling past an emergency incident, ie. when emergency lights are activiated and an appliance is parked on the road.

DISCUSSION

Does Murray River Council wish to support the NSW Rural Fire Service Association in their request to establish the speed limit at emergency incidents to 40 kilometres an hour by advocating for new legislation to protect all emergency service personnel to the NSW State Government?


None applicable


None applicable

POLICY IMPLICATIONS

There is no current policy relating to this item.


None currently applicable

RISK ANALYSIS

Not applicable at this time.

CONCLUSION

The NSW Rural Fire Service Association would welcome the implementation of legislation of a 40 kilometre per hour speed limit at Emergency incidents within NSW and they seek Council's support by

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making representations to the NSW Government.

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CLAUSE 1. Financial Statements and Investments 31 December 2017

DIRECTOR'S REPORTaaaaDIRECTOR CORPORATE SERVICESaaaaREPORT PREPARED BY

MANAGER RISK - Sandy Gordon

RECOMMENDATION

1. That the report detailing Council’s cashbook balance of $57,142,000.00 as at 31st December 2017 is received.

2. That the report detailing Council’s investment balance of $53,422,185.05 as at 31st December 2017 is received.

BACKGROUND

The purpose of this report is to update Council on the Cash Position and Investment of the surplus funds as required in the regulation No 264 (Part 19) of the Local Government Act 1993.

DISCUSSION

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Nil


Current low interest rate may reduce the expected interest revenue.

POLICY IMPLICATIONS

Investments have been made in accordance with the Council Investment Policy which was adopted on 17th October 2017.


• Section 625 of the Local Government Act 1993.• Regulation 212 of the Local Government (General) Regulations 2005.

RISK ANALYSIS

Under the Council’s Investment policy, investments are made with range of banks, with Council’s fund invested with single institution has not gone above the maximum amount specified in the Council’s Investment Policy.

CONCLUSION

Murray River Council’s liquidity is in a satisfactory position at this point in time

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CLAUSE 2. Murray River Council Delegations of Authority Policy (re submitted from December 2017)


DIRECTOR CORPORATE SERVICES - Lesley Palmer

RECOMMENDATION

1. That Council approve the Delegations of Authority Policy POL102.V4 which details the delegation given to the Mayor and General Manager.

BACKGROUND

In accordance with legislation, the Delegation of Authority must be reviewed within 12 months of each term of office.The policy provides delegation to the Mayor and General Manager in exercising their respective roles and duties for the organisation and meets legislative requirements.

DISCUSSION

In 2016 advice was sought from the council's lawyers, Kell Moore, on the adequacy of the information contained in the Delegation of Authority Policy, legislative references and currency have been checked, amendments made where necessary.


Nil


Nil

POLICY IMPLICATIONS

The updated Policy document is attached.


Section 377 of the Local Government Act 1993 – Authority to Delegate.

RISK ANALYSIS

Nil – it is a requirement of the Act.

CONCLUSION

Council should approve the review Delegation of Authority to the Mayor and General Manager as required by legislation and approve the attached policy.

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Attachment

# Attachment Type

1 MRC POL102.V4 Delegations of Authority Policy PDF File

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CLAUSE 3: MRC Media Relations Policy



RECOMMENDATION

That Council approve the Media Relations Policy

BACKGROUND

Murray River Council will take advantage of interest from the media to further its reputation. In dealing with the media, Councillors and Council officers must be careful to protect the best interests of the Council.

Council welcomes inquiries from the media. All media persons are to be treated in the same manner as any other customer of Council. That is, we will attend to media requests with promptness and courtesy, honesty and respect. Council believes that a good relationship based on trust and confidence is important between Council and the news media.

DISCUSSION

This is a new policy based on the Broken Hill City Council Media Relation Policy.


Nil


Nil

POLICY IMPLICATIONS

Aligns with the MRC Code of Conduct


Local Government Act 1993 s226

RISK ANALYSIS

Implementation of this policy will substantially reduce the risk of inappropriate, incorrect or conflicting information being supplied to the media and that material created by council staff properly checked and approved before release.

CONCLUSION

The Media Relations Policy is attached.

Attachment

# Attachment Type

1 MRC Media Relations Policy 2 PDF File

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CLAUSE 4. Moama Sporting Complex

REPORT GROUPaaaaDIRECTOR CORPORATE SERVICESaaaaREPORT PREPARED BY


RECOMMENDATION

That Council

1. Approves a lease to be negotiated and signed with the Community Living and Respite Services Inc. for the lease of the Moama Sporting Complex building for use in sorting collection material for sale and recycling pending approval from Crown Lands for a change of purpose. AND

2. Approves that in the event of Crown Lands declining a change of purpose for the Moama Sporting Complex that the property is offered for tender to secure an operator for the Sporting Complex. OR

3. Decline the request from with the Community Living and Respite Services Inc. for the lease of the Moama Sporting Complex building and approve the property to be offered for tender to secure an operator for the Sporting Complex

BACKGROUND

Suzanna Barry, CEO of Community Living and Respite Services Inc (CLRS) contacted council staff to confirm that the YMCA have given up the Moama Sporting Complex and that a request be out to Council for Community Living and Respite Services Inc. to take over the building.

Information provided verbally

• CLRS operates the tea rooms opposite the MRC Moama Council office, it provides employment for physically and/or intellectually disabled people.

• CLRS undertake a kerbside collection service, issuing flyers one week and returning a week later to take up the collection.

• Donations are taken to a shed for sorting for use in the tea rooms shop, moving on to other op shoos or to another facility for bailing (rags for sale).

• The current shed has been sold and CKLRS has to vacate in February. New sheds that have been considered are leasing for around $25,000 a year, the existing shed was leased for $9,000.

• CLRS also offer a cooking programs as well.DISCUSSION

Moama Sporting Complex contains a basketball court that cannot be used for basketball games because the run off area – the area around the outside edge of the playing area – is inadequate being under minimum allowed distances to the walls. The area of the building covers 852sq.m. it contains an office area, reception, toilets and change room and kitchen; parking area and landscaped grounds (see 2013 Valuation Report attached).

There are several complicating factors in this proposal.

• The Sporting complex has been used by 5 individuals and groups while operating under the YMCA sub lease – 2 personal trainers; Tumble Tots, a Badminton Club and the Baptist Church every Sunday. An enquiry has been received from a pre-school for casual hire of the complex.

• Charges are done on an hours basis $33/hr or daily basis $264, this money going to the YMCA. Council has not received material revenue from the complex.

• The Sporting Complex has been a white elephant, Council spent about $50,000 in 2013 improving toilets, storage facility, entry carpets, improving the office (carpets, paint air con) , repairs in the kitchen, air conditioning, upgrades in the meeting room paint, carpet, security doors and windows). . Another $21,400 was spent under the Stronger Communities program for painting and heating to be installed. The complex was leased to the YMCA for a peppercorn rent.

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• Change of purpose could have a community backlash as a sporting complex is lost however there a multipurpose building funded for Moama so the current users have another venue option.

• The Sporting Complex is in an area zoned residential however it is also on Crown Land, in a Valuer’s Report done prior to the YMCA taking over the building, there is mention of this situation and the complex was able to remaining operating to existing use for sporting activities. Changing the use to recycling would have to be approved by Crown Lands.

Council could

• Takeover the operation of the complex however this will have significant costs attached for staff time and activities associated with operating the building, maintaining it clean and ready for the next hirer etc.

• Seek another operator through a tender process to run the sporting complex for community use, this would take time to undertake and given the lack of past financial performance could be difficult to maintain the facility as a sporting complex.

• Approve a lease to the Community Living and Respite Care pending approval for change of purpose from Crown Lands.


Aligns to the Community Strategic Plan Theme 3 – Social Wellbeing and Theme 4 Economic Growth.


Move from an essentially nil revenue system to a revenue generating facility. Maintenance responsibility to be clearly defined in any lease agreement.

POLICY IMPLICATIONS

Nil


Nil

RISK ANALYSIS

Moderate likelihood of complaints from current users. Addressed in the longer term by the multi-function building development.

High risk that Crown Lands declines change of purpose, in order to continue to operate the sporting complex council would have to find another operator. It is not proposed that council attempt to operate the facility due the staff resources that would be needed to keep the premises open and fit for the next user.

High risk that if the Community Living and Respite Services is unable to find a venue for sorting collected items that a number of staff with disabilities will be unemployed and the tea shop in Moama will have limited ability to offer recycled goods for sale.

High risk that the tender process fails to secure an operator based on past history of earnings and competing venues that are now available in the area. This would leave council with an unused building and placed in a situation to committing more resources to maintaining the building for limited community group use.

CONCLUSION

Given the basketball court cannot be used for competition and may not be suitable for any games due to proximity of walls, limited current use as a sporting venue and peppercorn rent arrangement, the best option appears to be to negotiate with Community Living and Respite Services Inc. for a lease arrangement at least $9,000p.a. pending approval from Crown Lands for the change of use.

Should Crown lands refuse approval the building should be put out to a tender process to secure an

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operator.

Attachment

# Attachment Type

1 Moama Sporting Complex - Mart in Street - Murray Shire PDF File

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CLAUSE 1. Developments Approved in November & December 2017

REPORT PREPARED BY:

DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT - Simon Arkinstall

RECOMMENDATION:

That the information be received and noted by the Council.

BACKGROUND:

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CLAUSE 2. Community Living and Respite Care - Request to Waive Development Application Fees

DIRECTOR'S REPORTaaaaDIRECTOR PLANNING, ENVIRONMENT AND ECONOMIC DEVELOPMENTaaaaREPORT PREPARED BY


RECOMMENDATION

That Council support the waiving of the applicable development application fees associated with any development application from CLRS for a dwelling house and two independent living units where utilised for the provision of assistance for people requiring high support care.

BACKGROUND

Council has received correspondence from Community Living and Respite Services (CLRS) who have advised that they are proposing to submit a development application with Council for a respite dwelling house and units (2) and have requested that Council waive the applicable development application fees.

DISCUSSION

The CLRS are submitting an application to the Building Better Regions Fund to assist with the funding of the development of a dwelling house and two (2) units. These buildings will be utilised to provide specialist support accommodation for people with physical and intellectual disabilities within regional NSW.

The project will aim to strengthen partnerships with Government and community by constructing independent living facilities for people who require 24-hour assistance and/or have high support needs.

The project will assist in addressing housing infrastructure shortages for vulnerable people in regional NSW and will provide opportunities for people with a disability to maximise independence and community inclusion.

To assist in offsetting a number of the cost components of the overall project, the CLRS have requested that Council consider waiving any applicable development application fees.

Under normal circumstances Council would consider any requests to waive development application fees once the development application has been received, as this would enable the Council to have an understanding of the fee component to be waived. Based on the information provided, Staff are unable to advise Council of the figure to be waived as any application is yet to be received.


Nil implications


Council’s income would be reduced if the fees were waived, the value of the fees waived should be transferred from the budget to MM Ward - Development Applications Fee (02015.0110.0064) and MM Ward Planning NSW – Planning Reform Fund Fee (19230.9190.9211).

POLICY IMPLICATIONS

Nil implications


Nil implications – please note that Council will not be able to waive applicable State Government fees

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and charges such as Plan First and Long Service Levy.

RISK ANALYSIS

What can happen?

The Council could lose an unknown income

How can it happen?

By not being aware of the project cost as no DA has been submitted.

What are the consequences of the event happening?

Decreased income

What is the likelihood of the event happening?

High

Adequacy of existing controls?

High

Treatment options to mitigate the risk?

Accept the loss of income due to benefit of the overall project

CONCLUSION

Council has received a request from CLRS to waive all applicable development application fees associated with a proposal to construct independent living units in Maiden Street, Moama. This project is dependent on receiving grant funding and if successful a development application will be submitted to Council for consideration.Council has received a request from CLRS to waive all applicable development application fees associated with a proposal to construct independent living units in Maiden Street, Moama. This project is dependent on receiving grant funding and if successful a development application will be submitted to Council for consideration.

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CLAUSE 3. Project Manager Role



RECOMMENDATION

That Council advertise for a Project Manager on a two year term contract with a minimum of 16 hours per week.

BACKGROUND

The Stronger Communities Fund – Major Projects was an initiative of the NSW State Government to provide funding for newly amalgamated Councils. The funding was allocated to significant capital projects within the Murray River Council.

The NSW Government committed $9 million towards this process and Council allocated this funding to nine major infrastructure projects across the Local Government Area. The respective consultants have commenced the design phase of all projects.

To assist in the development and implementation of the projects it is recommended that through the project funding a Project Manager be engaged on a part time basis.

DISCUSSION

As indicated above, the Stronger Communities Fund – Major Projects supported local infrastructure projects that included:

• Mathoura Football Netball Club Kitchen Redevelopment ($516,000.00)• Moama Recreation Reserve Zone 1 ($3,965,000.00)• Barham Recreation Reserve Multi-Purpose Complex ($2,000,000.00) • Moulamein South Recreation Reserve upgrade of sporting facilities ($410,812.00)• Moulamein Pre-school Making room for the next generation ($446,000.00)• Tooleybuc River Precinct Redevelopment ($650,000.00)• Picnic Point Improvements ($200,000.00)• Barham Skate Park Redevelopment ($407,000.00)• Merran Creek Bridge Rehabilitation ($525,000.00)

Built into each of the project cost component is an allocation for professional fees, which can incorporate the employment of a Project Manager.

It is suggested that the time that a Project Manager will be required to allocated on each project will vary depending on its complexity. As an example, the time required on the Moulamein Recreation Reserve, Picnic Point and Merran Creek Bridge projects would be minimal, as these are being managed internally or the design component is near completion.

Staff are suggesting that due to the number of the existing projects, and the high potential for further projects to be funded via the Stronger Country Fund program, assistance is required. This assistance could also be utilised for additional projects under the waste areas, such as the implementation of the green waste bin.

The engagement of a Project Manager will also assist staff in focusing on their core responsibilities such as planning or similar.


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Nil implications


If Council were to employ a Project Manager funding would be required, which has not been allocated in the budget. Council did advertise and award a Project Manager position to an internal employee, however this offer was not accepted and the position has not been able to be filled.

The GroupGSA report developed for determining project cost incorporated an allocation of 15% of the project cost for ‘professional fees’. It is emphasised that the time required to be spent on each project by a Project Manager will vary depending on its nature and complexity.

This cost component includes all professional fees including architects and similar. Based on this figure it is suggested that appropriate funds have been allocated, which could be utilised to engage a Project Manager.

POLICY IMPLICATIONS

Nil implications


Clause 34 of the Local Government Award 2017 permits Council to employ a person on a term contract in situations which include but are not limited to the following:

• For the life of, such as for the life of a specific project that has a definable work activity, or • To perform the duties associated with a vacant position until the vacant position is filled …

provided that the duration is no longer than is reasonably necessary.

It is therefore suggested that Council can engage a Project Manager on a term contract and the parameters attached to any contract would be:

• Due to the number and scope of the projects it would be for a minimum of a two year period; and• Initially the position would cover a minimum of 16 hours per week.

It is noted that if required the role is able to be extended if and where projects have not be finalised.

RISK ANALYSIS

What can happen?

The Council not complete the projects within the required time frame

How can it happen?

Varying work commitments and limited resources

What are the consequences of the event happening?

Poor public perception & potential loss of funding

What is the likelihood of the event happening?

Medium

Adequacy of existing controls?

Low

Treatment options to mitigate the risk?

Engage Project Manager to assist in project implementation.

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CONCLUSION

To assist in delivering the projects that Council has received funding for, or recommended implementation, it is recommended that a Project Manager be engaged for a two year period.

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CLAUSE 4. Planning Proposal to Amend Murray Local Environmental Plan 2011 PP_2016_MRIVE_002_00 Rezoning of Lot 11 DP 285511, 312 Perricoota Road, MOAMA NSW 2731 from RU1 Primary Production to R1 General Residential, and Reduction of Minimum Lot Size Provision from 120 Hectares to 750m2


TOWN PLANNER - Christopher O'Brien

RECOMMENDATION

i. That the Officer’s report be received and noted;

ii. Council proceed with the Planning Proposal and send the Planning Proposal to the NSW Parliamentary Counsel’s Office (PCO) requesting Parliamentary Counsel’s opinion and drafting of a new Murray Local Environmental Plan 2011 (Murray LEP 2011), in accordance with Planning Proposal PP_2016_MRIV_002_00;

iii. As Council does not have delegation to make the new Murray LEP 2011, once PCO Opinion is received, Council request the Minister make the new Murray LEP 2011 in accordance with Section 59 of the Environmental Planning and Assessment Act 1979;

iv. Council forward the new Murray LEP 2011 to NSW Department of Planning and Environment (DPE) for gazettal and online notification on the NSW Legislation Website.

BACKGROUND

At Murray River Council’s Ordinary Meeting held on Tuesday 28 June 2016, Council resolved that the subject ‘Planning Proposal’ be submitted to the NSW Department of Planning and Environment (DPE) with a request for Gateway Determination to amend the Murray Local Environmental Plan 2011 (Murray LEP 2011). The subject planning proposal seeks to rezone Lot 11 DP 285511, 312 Perricoota Road, MOAMA NSW 2731 from RU1 Primary Production to R1 General Residential, and reduce the minimum lot size provisions affecting the land from 120 hectares to 750m2. A copy of the planning proposal is attached as Appendix 1 Planning proposal.

Council submitted the Planning Proposal to DPE on Tuesday 5 July 2016 requesting a Gateway Determination be made. A Gateway Determination was subsequently received by Council dated 3 August 2016, attached as Appendix 2 Gateway.

DISCUSSION

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It is noted if the planning proposal is supported, the Murray LEP 2011 will be amended to rezone the subject land to R1 General Residential and amend the minimum lot size provisions from 120 hectares to

Page - 44


750m2. This is considered an appropriate outcome as outlined in all previous documentation.


Not applicable.

POLICY IMPLICATIONS

Not applicable.


It is noted if the planning proposal is supported, the Murray LEP 2011 will be amended to rezone the subject land to R1 General Residential and amend the minimum lot size provisions from 120 hectares to 750m2. This is considered an appropriate outcome as outlined in all previous documentation.

RISK ANALYSIS

Not applicable.

CONCLUSION

It is considered that the Planning Proposal is a suitable outcome for the Council. The planning proposal is consistent with the objects of the Environmental Planning and Assessment Act 1979 and will allow for the sustainable and economic use and development of the land within Murray River Council. The planning proposal is not inconsistent with the aims of the Murray Local Environmental Plan 2011 or any other Environmental Planning Instrument relevant to the Council. The Planning Proposal has been notified to the public, and no public submissions were received. All conditions of the Gateway Determination have been complied with (it is noted that Council staff are finalising the final LEP Maps in accordance with Condition 6. These maps are to be compliant with DPE’s ‘Standard Technical Requirements for Spatial Datasets and Maps 2015). It is therefore recommended Council proceed with the proposal in accordance with the recommendations at the start of this report.

Attachment

# Attachment Type

1 Appendix 1 - Planning Proposal PDF File

2 Appendix 2 - Gateway PDF File

Page - 45


CLAUSE 5. Planning Proposal to Amend Murray Local Environmental Plan 2011 PP_2016_MRIVE_005_00 Rezoning of Tindarra Resort from E3 Environmental Management to SP3 Tourist



RECOMMENDATION


ii. Council proceed with the Planning Proposal and send the Planning Proposal to the NSW Parliamentary Counsel’s Office (PCO) requesting Parliamentary Counsel’s opinion and drafting of a new Murray Local Environmental Plan 2011 (Murray LEP 2011), in accordance with Planning Proposal PP_2016_MRIV_005_00;

iii. Once PCO Opinion is received, the Acting General Manager exercise the Minister’s functions under Section 59 of the Environmental Planning and Assessment Act 1979 and make (signs) the new Murray LEP 2011;

iv. Council forward the new Murray LEP 2011 to NSW Department of Planning and Environment (DPE) for gazettal and online notification on the NSW Legislation Website.

BACKGROUND

At Murray River Council’s Ordinary Meeting held on Tuesday 20 September 2016, Council resolved that the subject ‘Planning Proposal’ be submitted to the NSW Department of Planning and Environment (DPE) with a request for Gateway Determination to amend the Murray Local Environmental Plan 2011 (Murray LEP 2011). The subject planning proposal seeks to rezone Lots 1, 2, 3 and 4 DP 270496 from E3 Environmental Management to SP3 Tourist. The subject land is currently known as ‘Tindarra Resort’, located at 79 Perricoota Road, MOAMA NSW 2731. A copy of the planning proposal is attached as Appendix 1 Planning proposal.

Council submitted the Planning Proposal to DPE on Friday 23 September 2016 requesting a Gateway Determination be made. Council received a response from DPE dated 1 November 2016 requesting additional information be provided. The Applicant subsequently provided additional information which resulted in a Gateway Determination being received by Council on 24 February 2017, attached as Appendix 2 Gateway.

DISCUSSION

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It is noted if the planning proposal is supported, the Murray LEP 2011 will be amended to rezone the subject land to SP3 Tourist. This is considered an appropriate outcome as outlined in all previous documentation.


Not applicable.

POLICY IMPLICATIONS

Not applicable.


It is noted if the planning proposal is supported, the Murray LEP 2011 will be amended to rezone the subject land to SP3 Tourist. This is considered an appropriate outcome as outlined in all previous documentation.

RISK ANALYSIS

Not applicable.

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CONCLUSION

It is considered that the Planning Proposal is a suitable outcome for the Council. The planning proposal is consistent with the objects of the Environmental Planning and Assessment Act 1979 and will allow for the sustainable and economic use and development of the Tindarra Resort site within Murray River Council. The planning proposal is not inconsistent with the aims of the Murray Local Environmental Plan 2011 or any other Environmental Planning Instrument relevant to the Council. The Planning Proposal has been notified to the public, and submissions received have been considered and addressed appropriately. All conditions of the Gateway Determination have been complied with (it is noted that Council staff are finalising the final LEP Maps in accordance with Condition 6. These maps are to be compliant with DPE’s ‘Standard Technical Requirements for Spatial Datasets and Maps 2015). It is therefore recommended Council proceed with the proposal in accordance with the recommendations at the start of this report.

Attachment

# Attachment Type

1 Appendix 1 - Planning Proposal PDF File

2 Appendix 2 - Gateway Determin ation PDF File

3 Appendix 3 - Flood Study PDF File

4 Appendix 4 - Public Submissions PDF File

5 Appendix 5 - Applicant response to Submissions PDF File

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CLAUSE 6. Heritage Advisory Committee and Local Heritage Fund



RECOMMENDATION


ii. That the Recommendations of the Murray River Council Heritage Advisory Committee (the Committee) be supported; being that Council allocates the 2017/18 Local Heritage Fund in the following way:

• $6,592.00 for Restoration of Victoria Memorial, Moama;• $2,533.00 for roof restoration works at Cranford House, Moama; and• $1,375.00 for Reinstatement of front steps at Cranford House, Moama;

iii. Council adopt the Minutes of the Murray River Council Heritage Advisory Committee Meeting held on 6 December 2017;

iv. A new Murray River Council Heritage Advisory Committee be established, which is a single committee which represents all three wards of Council, being Greater Murray Ward, Greater Wakool Ward, and Moama Ward;

v. That Council appoints two (2) Councillor delegates/representatives to the new Murray River Council Heritage Advisory Committee;

vi. Council thank the current Committee members for their service over the last three years, as the current committee has completed its three-year term; and

vii. Council call for applications for members of the public to serve on the new Murray River Council Heritage Advisory Committee for a three year term.

BACKGROUND

The Murray River Council Heritage Advisory Committee (the Committee) held its Ordinary Meeting on Tuesday 6 December 2017 at the Moama Seniors and Community Centre. A copy of the Minutes are attached as Appendix 1 HAC Minutes. This was the last meeting of the current Committee as the three year term has come to an end. The Committee is responsible for reviewing and assessing the Local Heritage Fund and subsequent applications received. At its ordinary meeting held 6 December 2017, the 2017/18 applications were assessed and discussed.

The 2017/18 Local Heritage Fund for the Murray River Council has a total of $10,500 available for eligible projects. A total of three (3) applications were received by Council for this round of funding. The three submitted applications are attached as Appendix 2 LHF Applications. The Local Heritage Fund Application Guidelines are attached as Appendix 3 LHF Guidelines.

DISCUSSION

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Not applicable.


Not applicable.

POLICY IMPLICATIONS

Not applicable.


Not applicable.

RISK ANALYSIS

Not applicable.

CONCLUSION

The 2017/18 Local Heritage Fund will provide financial assistance for a range of projects within Murray River Council. This is considered an appropriate outcome and supports the preservation of heritage

Page - 56


items within the Council. A new Murray River Council Heritage Advisory Committee is required as the current three year term has concluded. A single Committee across all three wards of Council will ensure consistent decisions are made. This new Committee will help to ensure heritage matters are given appropriate consideration and endeavour to protect and preserve heritage items/values within the entirety of Murray River Council for current and future generations to enjoy.

Attachment

# Attachment Type

1 Appendix 1 - HAC Minutes PDF File

2 Appendix 2 - LHF Applications PDF File

3 Appendix 3 - LHF Guidelines PDF File

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CLAUSE 7. 2018 Teddy Bear's Picnic


ECONOMIC DEVELOPMENT OFFICER - Beck Hayward

RECOMMENDATION

That Council increases the annual allocation provided to run the Teddy Bears Picnic to $5,000 delivery of the 2018 event be outsource to an event organiser.

BACKGROUND

The Teddy Bear’s Picnic is an annual, family event that is free to attend, and generally attracts over one thousand people. The event has been running at the Kerrabee Soundshell (Moama) for almost twenty years. Council has always played a role in driving the event, as well as providing a cash contribution ($3,500). Local business sponsors also provide cash and in-kind contributions.

The objectives of the event are to:1. provide a local event, where families can enjoy an evening of free entertainment and fun in a relaxed atmosphere 2. develop and strengthen community capacity, partnerships and the skills of young people

The event organising committee has changed over the years, however there has always been some involvement from Council and for the past seven years, the event has been organised by a committee of young people, with support from the Moama Anglican Grammar School.

Coordination of the event is a significant task and organisers expend around $7,000 to deliver it. The students involved are provided an opportunity to learn a variety of valuable skills in event management and community and business liaison. The project offers potential for learning, development and community participation, aligning with the philosophies of Council, the school and other community organisations.

Due to a change in staff roles and competing priorities, the Grammar School are no longer in a position to continue their involvement in coordinating the event. This leaves Council with the challenge of finding a new organiser for the event, should it continue. The 2018 Picnic will be held on Friday 2 March, so time is limited to prepare the event.

DISCUSSION

It will take time and consideration to source a local organisation willing to take on the role of running the event (and involving young people).Due to the time restrictions, it is highly unlikely that a local organisation would have the capacity to coordinate the event for the first time, in such a limited period of time.

The event provides numerous benefits to the community, including a skills development opportunity for young people, a free family event, and various opportunities for partnerships and for local groups to fundraise (e.g. Lion, CLRS and Apex).

It will be possible to run the 2018 Picnic if a local event organiser is contracted to deliver the event. This will provide a temporary solution, until a more youth driven model can be established to run future events (potentially in conjunction with Councils Youth Engagement Program).


N/A

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There is currently an allocation of $3,500 in the 2017-2018 budget as councils contribution to the 2018 Teddy Bears Picnic.

Using an event coordinator will require an additional contribution of $1,500 from council. The remainder of the funding will be sourced through sponsorships as in previous years.

POLICY IMPLICATIONS

N/A


N/A

RISK ANALYSIS

N/A

CONCLUSION

It is appropriate for Council to support this initiative, as it provides various opportunities for different community members and groups to come together for a free, family friendly social event, while also providing young people with an opportunity to learn new skills, and feel more included in their community.

Attachment

# Attachment Type

1 TeddyBearPicnic Poster A4 201 7v5 PDF File

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Questions on Notice - Councillor TE Weyrich

REPORT PREPARED BY:


RECOMMENDATION:

That the Questions on Notice put forward by Councillor TE Weyrich be discussed at the Ordinary Meeting of Council of 16 January 2018 and answered by the relevant Councillor or Senior Staff member.

BACKGROUND:

Councillor TE Weyrich has submitted the following questions on notice for discussion and/or response by a relevant Councillor or Senior Staff member.

1. What is the current budget for Council's rural road network and is there an opportunity to mount a case to apply some of those funds towards the rail line from Barnes Crossing to Wakool?

2. The proliferation of vehicles for sale particularly at the intersection of the Cobb Highway and Perricoota Road in Moama is causing a distraction to drivers, and to a lesser extent the main street (Meninya Street) of Moama.

3. Is it possible to have a quick visit to Picnic Point to view the serious bank erosion at the beach and to discuss the back to front parking issues which is also causing concern?

4. Is it possible to have a think tank committee to discuss some ideas for future development, eg some sort of industry or some infrastructure, perhaps a university?

aaaa

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Correspondence Report - Part B

REPORT PREPARED BY:


RECOMMENDATION:

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

BACKGROUND:

B1/01: Local Government NSW Weekly

Indices of General Circular, Number 48/17 has been forwarded to Councillors and Senior Staff via email.

B2/01: Australian Local Government Association (ALGA) News

Newsletters dated 8 December, 15 December and 21 December 2017 have been forwarded to Councillors and Senior Staff via email.

B3/01: Member for Murray, Austin Evans

Forwarding a Media Release dated 14 December 2017 announcing that Murray River Council will receive funding of over $3.3M under the third round of the NSW Government's Fixing Country Roads program to widen the Deniliquin Barham Road. A copy of the Media Release is attached.

B4/01: Member for Murray, Austin Evans

Forwarding a Media Release dated 22 December 2017 announcing that two community organisations in Mathoura and Barham will benefit from the NSW Government's 2017 Community Building Partnership Program. A copy of the Media Release is attached.

Attachment

# Attachment Type

1 B3/01 Member for Murray - Media Release 14Dec17 PDF File

2 B4/01 Member for Murray - Media Release 22Dec17 PDF File

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Mayor, Councillor CR Bilkey

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of the Mayor, Councillor CR Bilkey be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 12 Dec: Recruitment of General Manager EOI Evaluation - Barham• 12 Dec: MRC Staff Christmas Break Up Function - Barham• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 14 Dec: Councillor Workshop on Evaluation on Membership of Central Murray Council Council

and Discussion on Joint Organisations - Moama• 14 Dec: Mayor's Christmas Function - Moama• 15 Dec: Department of Planning Councillor Workshop & Bus Tour - Moama• 17 Dec: Carols By Candlelight - Moama• 18 Dec: Special Riverina and Murray Regional Organistion of Councils (RAMROC) Meeting on

Joint Organisations - Jerilderie• 18 Dec: Meeting with Monica Morgan, Yorta Yorta, in company with Council's Director

Engineering, Johan Louw RE: access to Barmah Bridge• 20 Dec: MRC Communications Officer Interviews - Moama• 8 Jan: Radio EMFM Segment - Echuca

aaaa

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Deputy Mayor, Councillor GS Campbell

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of the Deputy Mayor, Councillor GS Campbell be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 12 Dec: Recruitment of General Manager EOI Evaluation - Barham• 12 Dec: MRC Staff Christmas Break Up Function - Barham• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 14 Dec: Councillor Workshop on Evaluation on Membership of Central Murray Council Council

and Discussion on Joint Organisations - Moama• 14 Dec: Mayor's Christmas Function - Moama• 15 Dec: Department of Planning Councillor Workshop & Bus Tour - Moama

aaaa

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Councillor A Aquino

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of Councillor A Aquino be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 14 Dec: Councillor Workshop on Evaluation on Membership of Central Murray Council Council

and Discussion on Joint Organisations - Moama• 14 Dec: Mayor's Christmas Function - Moama

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Page - 64


Councillor NF Cohen

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of Councillor NF Cohen be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

Councillor NF Cohen reported on her attendance at the following meetings and functions:

• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 14 Dec: Mayor's Christmas Function - Moama

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Page - 65


Councillor NH Gorey

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of Councillor NH Gorey be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 9 Dec: Moulamein Race Day - Moulamein• 11 Dec: Barham Recreation Reserve Management Committee Meeting - Barham• 12 Dec: Recruitment of General Manager EOI Evaluation - Barham• 12 Dec: MRC Staff Christmas Break Up Function - Barham• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 12 Dec: Moulamein Public School Annual Presentation Evening - Moulamein• 13 Dec: Barham High School Annual Presentation Evening - Barham• 14 Dec: Councillor Workshop on Evaluation on Membership of Central Murray Council Council

and Discussion on Joint Organisations - Moama• 14 Dec: Mayor's Christmas Function - Moama• 15 Dec: Department of Planning Councillor Workshop & Bus Tour - Moama• 20 Dec: Meeting to discuss changes to the Billabong Creek's system - Moulamein

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Page - 66


Councillor A Crowe

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of Councillor A Crowe be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 14 Dec: Councillor Workshop on Evaluation on Membership of Central Murray Council Council


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Page - 67


Councillor AM Mathers

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of Councillor AM Mathers be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 12 Dec: Recruitment of General Manager EOI Evaluation - Barham• 12 Dec: MRC Staff Christmas Break Up Function - Barham• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 14 Dec: Barham Public School Annual Presentation Day - Barham• 14 Dec: Councillor Workshop on Evaluation on Membership of Central Murray Council Council


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Page - 68


Councillor TE Weyrich

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of Councillor TE Weyrich be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 14 Dec: Mathoura Public School Annual Presentation Evening - Mathoura• Picnic Point Inspection

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Page - 69


Councillor GW Wise

REPORT PREPARED BY:


RECOMMENDATION:

That the Sundry Delegates Report of Councillor GW Wise be received by the Council and reasonable out of pocket expenses be met by Council.

BACKGROUND:

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

• 12 Dec: Councillors & Staff Christmas Lunch - Barham• 12 Dec: Ordinary Meeting of Council - Barham• 15 Dec: Department of Planning Councillor Workshop & Bus Tour - Moama• 15 Dec: Bunnaloo Public School Annual Presentation Evening - Bunnaloo

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Page - 70


Section: 5. CONFIRMATION OF MINUTES

Agenda Item: Ordinary Meeting of 12 December 2017

Attachment 6.1.1 MINUTES_ORDINARY_DEC17

MINUTES of the Ordinary Meeting

1:00PM - 12 December 2017 Barham Riverside Centre 15 Murray Street BARHAM

Page | 1

PRESENT

Mayor Chris Bilkey Acting General Manager Des Billske

Deputy Mayor Gen Campbell Director Corporate Lesley Palmer

Cr Tony Aquino Director Planning Simon Arkinstall

Cr Nikki Cohen Director Engineering Johan Louw

Cr Ann Crow Minutes Secretary Rosemarie Lewandowski

Cr Neil Gorey

Cr Tom Weyrich

Cr Geoff Wise

ABSENT Cr Alan Mathers

IN ATTENDANCE OUT IN Mayor Chris Bilkey 14:50 15:10

Deputy Mayor Gen Campbell

Cr Tony Aquino

Cr Nikki Cohen

Cr Ann Crow

Cr Neil Gorey 15:58

Cr Tom Weyrich

Cr Geoff Wise



Page | 2

OPENING OF MEETING

Chair of the meeting

The Mayor Chris Bilkey chaired the meeting

Gallery members

5 (1 media, 2 staff, 2 members of the public) present in the gallery.

Declaration of the meeting open

The Mayor Chris Bilkey formally declared the meeting open at 1pm and welcomed everyone

to the meeting.

1. ACKNOWLEDGEMENT OF COUNTRY

The Mayor delivered the Acknowledgement of Country.

2. OPENING PRAYER

The Mayor delivered the prayer.

3. LEAVE OF ABSENCE/APOLOGIES

Moved Councillor - Thomas Weyrich Seconded Councillor - Neil Gorey

011217 RESOLUTION

That the apology tendered on behalf of Cr Mathers be accepted and that leave of absence

from the meeting be granted.

Carried

4. CONFLICT OF INTEREST DECLARATIONS

Mayor Chris Bilkey declared a pecuniary conflict of interest in item 11.3 Clause 7 and

advised that he would not participate in discussion on the item and will leave the meeting.

Councillor Neil Gorey declared a significant non-pecuniary conflict of interest in Item 16

Clause 4 and advised that he would not participate in discussion on the item and will leave

the meeting.



Page | 3

5. CONFIRMATION OF MINUTES

Ordinary Meeting of 28 November 2017

Moved Deputy Mayor - Gen Campbell Seconded Councillor - Tony Aquino

021217 RESOLUTION

That the minutes of the Ordinary Meeting of Murray River Council held on

Tues 28 November 2017 be confirmed as a true and correct record.

Carried

6. DEPUTATIONS

Deputations to council on the following items held later in the meeting:

Item 11.3 Clause 5

Director Planning, Environment & Economic Development Report

Deputation from Michael Alexander CEO Club Barham and James Goldsworthy representing

Club Barham.

Item 11.3 Clause 8

Director Planning, Environment & Economic Development Report

Letter submitted to the General Manager, Des Bilkey from Cate Jorgenson by way of

deputation.

7. MAYORAL MINUTE

None submitted.

8. STANDING COMMITTEE REPORTS

None submitted.



Page | 4

9. NOTICES OF MOTION/NOTICES OF RESCISSION

Notice of Motion

CONFIDENTIAL

Item 16 Clause 4

Motion from Cr Weyrich to withdraw delegates from organisations not directly related to

council business be discussed in the confidential section

10. GENERAL MANAGER'S REPORT & SUPPLEMENTARY MATTERS

Selection of Recruitment Agency for Recruitment of General Manager

REASON FOR CONFIDENTIAL REPORT:

Local Government Act 1993 - Section 10A(2)(c): information that would, if disclosed, confer

a commercial advantage on a person with whom the council is conducting (or proposes to

conduct) business

Local Government Act 1993 - Section 10A(2)(d)(i): commercial information of a confidential

nature that would, if disclosed, prejudice the commercial position of the person who supplied

it.

This matter is ongoing and discussed in confidential.

11.1 DIRECTOR CORPORATE SERVICES REPORT & SUPPLEMENTARY MATTERS

CLAUSE 1. Financial Statements & Investments

Moved Councillor - Geoff Wise Seconded Councillor - Tony Aquino

031217 RESOLUTION

1. That the report detailing Council’s cashbook balance of $57,045,122.76 as at 30 November 2017 be received.

2. That the report detailing Council’s investment balance of $55,420,322.65 as at 30 November 2017 be received.

Carried



Page | 5

CLAUSE 2. Murray River Council Delegations of Authority Policy

Moved Councillor - Tony Aquino Seconded Councillor - Neil Gorey

041217 RESOLUTION

1. That the Delegations of Authority Policy POL102.V4 be deferred for consideration at the January meeting.

2. That each Councillor be provided with a copy of the Delegations of Authority policy prior to the January meeting.

Carried

CLAUSE 3. Murray River Council 2016/2017 Annual Report

Moved Councillor - Neil Gorey Seconded Councillor - Nikki Cohen

051217 RESOLUTION

That Council approve the Annual Report 2016-2017 without the Financial Statements, which

will be added when the audit process is finalised and with the following:

Amendments to page 110 Local Representation Committee (LRC):

Delete "providing input to the operational plans 2016-17 and 2017-18

Insert "The process was considered ineffective and LRC members were disappointed with the effectiveness of their role."

Deputy Mayor Campbell wished to have it noted that she was not in favour of the

Annual Report 2016-2017.

Carried

CLAUSE 4. Murray River Council Procurement Policy

Moved Councillor - Thomas Weyrich Seconded Councillor - Neil Gorey

061217 RESOLUTION

That Council:

1. Endorse the draft Procurement Policy for the purpose of public exhibition.

2. Place the draft Procurement Policy on public exhibition for 28 days for public comment.

3. Receives a further report at the conclusion of this exhibition, detailing submissions and any recommended changes arising, with a view of adopting the Procurement Policy.

Carried



Page | 6

11.2 DIRECTOR ENGINEERING REPORT & SUPPLEMENTARY MATTERS

CLAUSE 1. Murray River Council Light Motor Vehicle Policy

Moved Councillor - Thomas Weyrich Seconded Councillor - Geoff Wise

071217 RESOLUTION

1. That Council approves the Murray River Council Light Motor Vehicle Policy.

2. That a Policy number be generated.

3. That the Policy be distributed to affected staff for sign off.

Carried

CLAUSE 2. Development Application 163/17 - Proposed Road Closure & Opening

Moved Councillor - Thomas Weyrich Seconded Deputy Mayor - Gen Campbell

081217 RESOLUTION

That Council approves the:

1. Closure of a section of Boyes Street in conjunction with the opening of a section of land

on Lot 131 DP751152 to be transferred to Council and dedicated as a Road Reserve.

2. Proposal to be advertised in accordance the Road Act 1993.

3. Approves affixing of Council's seal to all relevant documentation regarding this matter.

COUNCILLOR FOR AGAINST ABSTAINED ABSENT

Mayor Chris Bilkey X

Deputy Mayor Gen Campbell X

Cr Nikki Cohen X

Cr Ann Crowe X

Cr Tony Aquino X

Cr Neil Gorey X

Cr Alan Mathers X

Cr Geoff Wise X

Cr Tom Weyrich X

Carried



Page | 7

11.3 DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT

REPORT & SUPPLEMENTARY MATTERS

CLAUSE 1. Moulamein Landfill - Asbestos Management

Information was received and noted

CLAUSE 2. Native Title

Information received and noted

CLAUSE 3. Fruit Fly

Moved Deputy Mayor - Gen Campbell Seconded Councillor - Neil Gorey

091217 AMENDED MOTION ACCEPTED AS RESOLUTION

That Council:

1. Acquire and distribute appropriate control mechanisms.

2. Continues to advocate on behalf of the farming communities for greater control.

3. Provide education about fruit fly across the council area.

Carried

CLAUSE 4. PLANNING PROPOSAL – REZONING OF LOT 11 DP 847550, LOT 1 DP 776105

AND LOT 1 DP 977223, EAST BARHAM ROAD, BARHAM

2PM - Deputation was received from Michael Alexander, CEO Club Barham and James

Goldsworthy, consultant representing Club Barham on item 11.3 Clause 4.

Moved Councillor - Neil Gorey Seconded Councillor - Thomas Weyrich

101217 RESOLUTION

1. That the Officer's report be received and noted.

2. That Council proceed with the gateway determination process for the planning proposal.



Page | 8




Cr Nikki Cohen X

Cr Ann Crowe X

Cr Tony Aquino X

Cr Neil Gorey X

Cr Alan Mathers X

Cr Geoff Wise X

Cr Tom Weyrich X

Carried

CLAUSE 5. PLANNING PROPOSAL – RU1 TO RE2 – SWAN HILL ROAD, MURRAY DOWNS

Moved Deputy Mayor - Gen Campbell Seconded Councillor - Neil Gorey

111217 RESOLUTION

1. That the Officer’s report be received and noted.

2. That Council support the Planning Proposal to amend Wakool Local Environmental Plan 2013 to rezone Lot 1 DP 1134973, Lots 1, 3, 5 & 6 DP 270228, Lots 1-13 DP 285640 and Lot 21 DP 1017769, Swan Hill Road, Murray Downs from RU1 Primary Production to RE2 Private Recreation Zone and remove the minimum lot size; and

3. That the approved proposal be referred to the Office of the Parliamentary Counsel (PCO) to draft the legal instrument that gives effect to the planning proposal.

4. That as approved in the gateway determination for Planning Proposal PP_2015_ WAKOO_002_00, the Acting General Manager exercise the Minister’s functions under section 59 of the Environmental Planning and Assessment Act 1979 and the amendment to the Wakool Local Environmental Plan 2013 be made without variation of the proposal and forward the Opinion of Parliamentary Counsel and the amended plan to the Department of Planning and Environment requesting notification.




Cr Nikki Cohen X

Cr Ann Crowe X

Cr Tony Aquino X

Cr Neil Gorey X

Cr Alan Mathers X

Cr Geoff Wise X

Cr Tom Weyrich X

Carried



Page | 9

CLAUSE 6. NATIONAL CARP CONTROL PLAN (NCCP) - WORKSHOP

Noted as an information only document.

General Manager Bilske advised that community consultation was only just commencing.

Moved Councillor - Neil Gorey Seconded Councillor - Ann Crowe

121217 RESOLUTION

1. That the Officer’s report be received and noted

2. That Council monitor the progress of the National Carp Control Plan

Carried

CLAUSE 7. DEVELOPMENT APPLICATION: 298/17 FOR: USE OF THE FIRST (1ST) STOREY OF

EXISTING BUILDING AS TOURIST AND VISITOR ACCOMMODATION (BED AND

BREAKFAST ACCOMMODATION) ZONE: R1 GENERAL RESIDENTIAL ADDRESS: 4/40

REGENT STREET, MOAMA NSW 2731 PROPERTY: LOT 4 SP 39030 OWNER: JESSICA

NICOLE SNELSON ASSESSMENT NUMBER: 122991 APPLICANT: JESS SNELSON

Deputation was withdrawn.

Councillor Mayor - Chris Bilkey left the meeting at 02:55 PM

Deputy Mayor Gen Campbell took the chair.

Moved Councillor - Thomas Weyrich Seconded Councillor - Tony Aquino

131217 RESOLUTION

1. That the Officer’s report be received and noted; and

2. That Development Application 298/17 be granted deferred commencement development consent subject to the conditions outlined at the end of this report.




Cr Nikki Cohen X

Cr Ann Crowe X

Cr Tony Aquino X

Cr Neil Gorey X

Cr Alan Mathers X

Cr Geoff Wise X

Cr Tom Weyrich X

Carried



Page | 10

Councillor Mayor - Chris Bilkey entered the meeting at 03:05 PM

CLAUSE 8. DEVELOPMENT APPLICATION 108/13 AMENDMENT 2

MODIFICATION: AMEND LOCATION AND DESIGN OF APPROVED DWELLING HOUSE

ORIGINAL APPLICATION: SINGLE STOREY DWELLING WITH ATTACHED GARAGE

ADDRESS: OLD BARMAH ROAD, MOAMA NSW 2731

PROPERTY: LOT 129 DP 751152

OWNER: PA BARBER

ZONE: RU1 PRIMARY PRODUCTION

APPLICANT: PETER BARBER

141217 RESOLUTION

1. That the Officer’s report be received and noted.

2. That Development Application 108/13 Amendment Two (2) be granted development consent subject to the conditions outlined at the end of this report with the exception of condition 8.




Cr Nikki Cohen X

Cr Ann Crowe X

Cr Tony Aquino X

Cr Neil Gorey X

Cr Alan Mathers X

Cr Geoff Wise X

Cr Tom Weyrich X

Carried

CLAUSE 9. 2018 ECHUCA MOAMA CYCLING CLUB JUNIOR CARNIVAL SPONSORSHIP

REQUEST

Moved Deputy Mayor - Gen Campbell Seconded Councillor - Thomas Weyrich

151217 RESOLUTION

That Council supports the 2018 Echuca Moama Cycling Club with sponsorship to the value

of $1,000 based on the attached sponsorship proposal.

Carried



Page | 11

CLAUSE 10. UPDATE ON PROGRESS OF MOAMA AND DISTRICT RURAL RESIDENTIAL

STRATEGY 2017

Moved Councillor - Ann Crowe Seconded Councillor - Neil Gorey

161217 RESOLUTION

That the Officer's report is received and noted.

Carried

12. QUESTIONS ON NOTICE

None submitted

13. CORRESPONDENCE REPORT

Correspondence Report - Part B

Moved Deputy Mayor - Gen Campbell Seconded Councillor - Ann Crowe

171217 RESOLUTION

That the report be received and the information be noted by the Council.

Carried

14. SUNDRY DELEGATES REPORT


That the Councillors sundry delegates report, including the following amendments, be

received by the Council and reasonable out of pocket expenses be met by Council.

AMENDMENTS:

Deputy Mayor Gen Campbell

Additional item:

08 Dec: Central Murray Regional Library Strategic Planning meeting at Deniliquin

Cr Nikki Cohen

Additional items:

12 Dec: MRC Staff Christmas function – Barham

12 Dec: Ordinary Meeting of Council - Barham



Page | 12

Cr Ann Crowe

Additional items:

28 Nov: Councillor workshop – Moama 28 Nov: Ordinary Meeting of Council – Moama 30 Nov: Meeting between Alan Mathers, Neil Gorey - Murray Downs 01 Dec: Meeting with Des Bilske, Johan Louw, Luke Keogh, John Hackett - Tooleybuc Rec Reserve options review 02 Dec: Murray Downs Advancement Group Christmas Party - Federal Hotel 04 Dec: Meeting with Stephen Pykett, Deb Porteous, Mel Waite, Tracey Domaille and other community members with landscape Architects Liesl Malan furthering plans for the $651,000 grant monies from SCF major projects program. 11 Dec: Presentation of MRC award at Tooleybuc Central School - Tooleybuc Sporting Club 12 Dec: MRC staff Christmas function – Barham 12 Dec: Ordinary Meeting of Council – Barham

Cr Neil Gorey

Additional items:

12 Dec: MRC staff Christmas function – Barham

12 Dec: Ordinary Meeting of Council - Barham

Cr Geoff Wise

Additional item:

12 Dec: MRC staff Christmas function.

Carried

15. BIRTHS AND CONDOLENCES

Council held one minutes silence for Mr Vinecombe.

16. CONFIDENTIAL REPORTS

Moved Councillor - Thomas Weyrich Seconded Councillor - Ann Crowe

191217 RESOLUTION

That council move into confidential at 3.30pm

Carried



Page | 13

CLAUSE 1. Water & Sewage Treatment Plant - Deep Creek, Lot 13 & 40,

Neighbourhood Plan 285882

CONFIDENTIAL

Local Government Act 1993 - Section 10A(2)(g): advice concerning litigation, or advice that

would otherwise be privileged from production in legal proceedings on the ground of legal

professional privilege

Moved Deputy Mayor - Gen Campbell Seconded Councillor - Tony Aquino

201217 RESOLUTION

That Council

1. Has a representative from Kell Moore Solicitors address Council in relation to Deep Creek.

2. Enter into negotiations with the owner of the water and sewage treatment plant with the aim of entering into an agreement for Council to manage same.




Cr Nikki Cohen X

Cr Ann Crowe X

Cr Tony Aquino X

Cr Neil Gorey X

Cr Alan Mathers X

Cr Geoff Wise X

Cr Tom Weyrich X

Carried



Page | 14

CLAUSE 2. 2017 MURRAY RIVER COUNCIL AUSTRALIA DAY AWARDS

CONFIDENTIAL


Local Government Act 1993 - Section 10A(2)(a): personnel matters concerning particular

individuals (other than councillors)


211217 RESOLUTION

1. That council evaluate nominees against criteria provided and meet at 4pm Thurs 14 Dec to determine the winners for each category.

2. That council announce award recipients prior to Australia day with presentations occurring at their nearest community breakfast event.

Carried

CLAUSE 3. Tender Number 2017/2018-006 Construction of Reinforced Concrete

Bridges at Pee Vee Creek, Deadmans Creek and Waugorah Creek in Waugorah

CONFIDENTIAL


Local Government Act 1993 - Section 10A(2)(c): information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

Local Government Act 1993 - Section 10A(2)(d)(i): commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it

Local Government Act 1993 - Section 10A(2)(d)(ii): commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council


221217 RESOLUTION

That Council approves that Tender Number 2017/2018-006 for Construction of Reinforced

Concrete Bridges at Pee Vee Creek, Deadmans Creek, and Waugorah Creek in Waugorah

be awarded to Murray Construction Pty Ltd for the sum of $1,434,500 (excluding GST).

Carried

Cr Neil Gorey left the meeting at 03:58 PM



Page | 15

CLAUSE 4. Withdrawal of council delegate to Barham Medical Centre

CONFIDENTIAL

REASON FOR CONFIDENTIAL MOTION::

Local Government Act 1993 - Section 10A(2)(c): information that would, if disclosed, confer

a commercial advantage on a person with whom the council is conducting (or proposes to

conduct) business


231217 RESOLUTION

1. That the council delegate at the Barham Medical Centre be withdrawn.

2. That the withdrawal of council delegates to other organisations not directly related to council business be reviewed at the January council meeting.

3. That a letter be sent to all organisations that are not directly related to council business regarding their requirement for a council delegate.

Carried


241217 RESOLUTION

That the council move out of confidential and that the meeting resume in open session

Cr Neil Gorey did not return to the meeting.

17. NOTICE OF URGENT BUSINESS

ECHUCA/MOAMA BRIDGE

That the Mayor, Deputy Mayor and another councillor urgently meet with the same from

Campaspe Shire Council to discuss the need to provide dual carriage way on the proposed

Echuca/Moama Bridge.

Moved Councillor - Thomas Weyrich Seconded Not Selected

251217 RESOLUTION

That the Mayor, Deputy Mayor and another Councillor urgently meet with the same from

Campaspe Shire Council to discuss the need to provide dual carriage way on the proposed

Echuca/Moama Bridge

The motion was rejected by the Mayor Chris Bilkey

Lapsed



Page | 16

BARHAM CARAVAN PARK LEASE

That council delegate to the Mayor and General Manager the authority to execute lease documents for the Barham Caravan Park and affix council seal thereto.

Moved Councillor - Thomas Weyrich Seconded Councillor - Geoff Wise

261217 RESOLUTION

That council delegate to the Mayor and General Manager the authority to execute lease documents for the Barham Caravan Park and affix council seal thereto.

Carried

18. CLOSE OF MEETING

THE MEETING CLOSED AT 5:01pm.The next Ordinary Meeting of Murray River Council will

be held on Tues 16 January, commencing at 1:00pm at the MVBC 23 Moama Street (Cobb

Highway) Mathoura.

These minutes are signed as a true and accurate record of the proceedings of the ordinary

meeting of the Murray River Council held on Tues 12 December 2017, in accordance with a

resolution of council on Tues 16 January 2018.

Confirmed:

Chair

Date:

Section: 10. GENERAL MANAGER'S REPORT & SUPPLEMENTARYMATTERS

Agenda Item: CLAUSE 2. National General Assembly of Local Government- Call for Motions

Attachment 11.2.1 NGA_Discussion_Paper

National Convention Centre Canberra 17-20 June 2018 NGA 2018

National General Assembly of Local Government Call for Motions Discussion Paper

Australia’s Future, Make it Local

The purpose of this discussion paper is to provide guidance to councils for the development of Motions for debate at the 2018 National General Assembly. The paper provides an overview of policy areas in which the NGA has well-established positions and identifies potential new and emerging policy areas which are being developed by ALGA and require detailed consideration. Councils are particularly encouraged to submit Motions on these policy areas.

Highlighting the issues below contributes to implementing ALGA’s Strategic Plan 2017-2020 and its objectives to:

strengthen Local Government in the areas of financial sustainability; delivering services in regional cities; infrastructure; and innovation and digital transformation, as well as,

facilitating collaboration between state and territory associations in Local Government’s role in Indigenous policy issues, scale and capacity; women in Local Government; and diversity in representation.

Criteria for Motions

Your Opportunity

The primary focus of all Motions should be to strengthen the capacity of local government to provide services and infrastructure in Australia. Providing clear actions within areas that are still emerging provides councils with an opportunity to influence the development of ALGA policy and advocacy by ALGA on federal election commitments.

Motions must meet the following criteria:

be relevant to the work of local government nationally

be consistent with the theme of the NGA

complement or build on the policy objectives of your state and territory local government association

be submitted by a council which is a financial member of their state or territory local government association

propose a clear action and outcome

not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

Emerging Issues

Councils across Australia are constantly being asked to do more with less. Changing community needs, including ageing populations, technological advancements and changing economic circumstances, are a challenge for all communities.

Analysis suggests that a Commonwealth election may well be called between August 2018 and May 2019. The 2018 NGA therefore provides an important opportunity to progress Local Government issues in the Federal agenda. Below are some critical areas in which Local Government needs to consider the role it can in local communities on the national stage. In particular, the 2018 NGA is calling for Motions that provide clear policy advice and/or policy initiatives that will help Local Government to address the following policy challenges:

Housing Affordability

Housing affability is a major challenge in many communities. The Commonwealth frequently asserts that housing affordability is a problem because of the supply of housing. As such there has been a focus on planning reform.

Motions are called for on ways to improve housing supply and improve land use planning and associated local government infrastructure to support increased housing supply.

Financial Sustainability – Oppose Cost Shifting

In 2005 The House of Representatives Inquiry into Cost Shifting from States onto Local Government estimated that cost shifting amounted to between $500m - 1.4b annually. This includes regulatory and other services that Local Government provided on behalf of states without adequate compensation.

Motions are called for on ways to reduce cost shifting from states and the Commonwealth on to Local Government and on areas of regulatory reform and services that Local Government could provide efficiently and effectively on behalf of states or the Commonwealth if appropriately funded.

Innovation and Digital Transformation – Smart Communities

Technological advancements are changing the way councils communicate with citizens and deliver services and infrastructure.

Motions are called for on ways to improve the ability of councils to support their community to understand and benefit from digital transformation, ways to improve data, protect privacy and increase security of council-held data.

Harmonising Local Government Data

National Local Government data is held in a variety of places and is often of variable quality. National advocacy on behalf of Local Government needs a strong evidence base. ALGA has been working with JRA on the State of the Assets project which collects data on the quality and condition of all local government assets. Increasingly, councils are being required to provide data to third parties.

Motions are called for on ways to improve the collection of local government data, how data could be better linked across the sector, and ways to improve the quality of data.

Cyber Security

Recent malware attacks have highlighted the vulnerability of business and government computer systems. Strong measurers are required to ensure that all Australians and Australian businesses and governments are aware of the risks and take appropriate measures to ensure cyber security.

Motions are called for on ways to improve local government cyber security.

Environment

Local Government plays a critical role in environmental management, with actions often embedded into other day to day operations as well as included in economic management considerations

Motions are called for on what should be national priorities and on ways to improve environmental management systems, waste management, product stewardship and biodiversity.

Regional Development

Local Government plays a critical role in regional development, with an active role working with neighbouring councils, industry, state government agencies, community and other key stakeholders to set and achieve regional goals.

Motions are called for on ways to improve regional policy approaches, funding ideas on regional sustainability and equity.

Motions should be lodged electronically using the online form available on the NGA webpage at: alga.asn.au. All Motions require, among other things, a contact officer, a clear national objective, a summary of the key arguments in support of the motion, and the endorsement of your Council. Motions should be received by ALGA no later than 11:59pm on Friday 30 March 2018.

Established ALGA Policy Areas

Financial Assistance Grants

Adequate and appropriate Local Government services and infrastructure are critical to all communities. The Commonwealth Financial Assistance Grants are important to all councils. Success has been achieved in the last 12 months by restoration of the indexation of the Financial Assistance Grants (FAGs). ALGA’s priority in this area is to continue advocating for FAGs funding

to be increased to a level equal to at least one per cent of commonwealth taxation revenue.

Freight Strategy

Local government manages around 75 per cent of Australia’s local roads network. These roads were generally built decades ago and today are required to carry increasing amounts of freight, including higher productivity vehicles. Poor and unsafe roads are a barrier to increased productivity. ALGA’s priority is the promotion and development of a freight strategy with funding of $200m per year for five years to address first and last mile access issues, leading to an increase in local, regional and national productivity.

Roads to Recovery

The Roads to Recovery Program provides councils with essential additional funding to help address the backlog of maintenance and renewal of local roads. Success was achieved with Roads to Recovery by having the expiration date removed and essentially creating an ongoing program. Further work in this area is being undertaken to ensure Roads to Recovery funding is permanently doubled.

Additional Local Roads Funding for South Australia

Additional funding for South Australian local roads to address an anomaly in FAGs ceased in 2014. It was reinstated in 2017– 18 but only for two years. The focus is now on securing ongoing additional funding for South Australian local roads, indexed annually in line with FAGs.

Climate Change Plans

Many councils are addressing or wish to address climate change. With the important role Local Government can play helping the Australian Government to achieve internationally agreed climate change targets, a priority has been placed on supporting councils to work with local

businesses and communities to implement local and regional Climate Change Adaptation Plans.

Indigenous

Addressing Indigenous disadvantage across Australia is a priority for all Australian governments. Advocacy is about closing the gap between Indigenous and non-Indigenous Australians in the areas of housing, health, early childhood development, education, economic participation and remote service delivery.

Community Infrastructure

Funding support for community infrastructure will enable all local councils to plan and deliver adequate and appropriate community infrastructure. ALGA is urging political parties to commit to specific local government community infrastructure funding at the level of $300 million per annum over the next four years.


Agenda Item: CLAUSE 5. Consultation on the Proposed CouncillorInduction & Professional Development Guidelines

Attachment 11.5.1 Circular to Councils 17-39

Office of Local Government 5 O’Keefe Avenue NOWRA NSW 2541 Locked Bag 3015 NOWRA NSW 2541 T 02 4428 4100 F 02 4428 4199 TTY 02 4428 4209 E [email protected] W www.olg.nsw.gov.au ABN 44 913 630 046

Circular Details Circular No 17-39 / 6 December 2017 / A573908

Previous Circular 16-52 Induction and Professional Development for Mayors and Councillors

Who should read this Mayors / Councillors / General Managers / Council governance staff

Contact Council Governance Team – 02 4428 4100

Action required Response to OLG

Consultation on the Proposed Councillor Induction and Professional Development Guidelines What’s new or changing

Amendments made to the Local Government Act 1993 (the Act) by the Local Government Amendment (Governance and Planning) Act 2016 in August 2016 saw the inclusion in the prescribed role of councillors under section 232 a responsibility “to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor”.

In support of this, the amendments allow regulations to be made for induction and other professional development for mayors and councillors. The proposed regulations are described in the attachment to this circular.

The Office of Local Government (OLG) has prepared guidelines to assist councils to develop and deliver induction and ongoing professional development activities for their mayor and councillors in compliance with the proposed regulations. These will be issued under section 23A of the Act.

OLG has issued a consultation draft of the proposed guidelines for comment prior to their being finalised.

What this will mean for your council

Under the guidelines, councils’ induction and professional development programs are to consist of three elements:

o Pre-election candidate sessions – these are to ensure prospective candidates are aware of what will be expected of them if elected (these are not mandatory but are encouraged)

o Induction program – this aims to equip mayors and councillors with the information they need to perform their role effectively over the first few months and has a particular focus on building positive, collaborative relationships between councillors and with staff

o Professional development program – this is to be developed in consultation with all councillors and delivered over the term of the council to build the skills, knowledge and personal attributes necessary to be an effective mayor or councillor.

Councils will be required to report to the council on the induction and ongoing professional development activities offered to the mayor and each councillor and whether they participated in them and to make this information publicly available on their websites.

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Key points

OLG is inviting submissions from councils and other stakeholders on the consultation draft of the Councillor Induction and Professional Development Guidelines.

The consultation draft of the Councillor Induction and Professional Development Guidelines is available on OLG’s website at www.olg.nsw.gov.au.

Submissions may be made by email to [email protected].

Submissions should be labelled “Councillor Induction and Professional Development Guidelines Consultation” and marked to the attention of OLG’s Council Governance Team.

Submissions should be made by COB Friday 16 March 2018. Where to go for further information

For further information, contact OLG’s Council Governance Team on (02) 4428 4100.

Penny Holloway Acting Chief Executive


mailto:[email protected]

3

Attachment

Proposed Amendments to the Local Government (General) Regulation 2005

Councillor Induction and Professional Development Programs

The general manager is to ensure an induction program is delivered for newly elected and returning councillors and a specialised supplementary induction program for the mayor within six months of their election.

The general manager is to ensure an ongoing professional development program is delivered for the mayor and each councillor over the term of the council for the purposes of assisting them to acquire and maintain the knowledge and skills necessary to perform their roles.

The content of the ongoing professional development program to be delivered to the mayor and councillors is to be determined in consultation with the mayor and each councillor and is to have regard to the specific knowledge and skills required by the mayor, each individual councillor and the governing body as a whole to perform their roles.

Mayors and councillors must make all reasonable efforts to participate in the activities offered to them as part of an induction or ongoing professional development program.

The general manager is to report to the first council meeting held following the completion of the delivery of the induction program identifying the activities offered to the mayor and each councillor as part of the induction program, and whether or not the mayor and each councillor participated in the activities offered to them.

The general manager is to report to the first council meeting held following 30 June in each year identifying the ongoing professional development activities offered to the mayor and each councillor in the year to 30 June as part of the professional development program, and whether or not the mayor and each councillor participated in the activities offered to them under the program.

The general manager is to ensure these reports are published on the council’s website.

The Chief Executive of the Office of Local Government may, at the request of a general manager, exempt the council from the requirement to publish details of induction and ongoing professional development activities offered to the mayor or an individual councillor where he or she is satisfied that there are exceptional circumstances.


Agenda Item: CLAUSE 6. Draft Model Code of Meeting Practice for LocalCouncils in NSW

Attachment 11.6.1 Circular to Councils 17-40


Circular Details Circular No 17-40 / 6 December 2017 / A573892

Previous Circular 16-46 Development of a Model Code of Meeting Practice for Local Councils in NSW

Who should read this Mayors / Councillors / General Managers / Council governance staff

Contact Council Governance Team – 02 4428 4100

Action required Response to OLG

Consultation on the draft Model Code of Meeting Practice for Local Councils in NSW What’s new or changing

Amendments made to the Local Government Act 1993 (the Act) in August last year by the Local Government Amendment (Governance and Planning) Act 2016 provide for a model code of meeting practice (Model Meeting Code) to be prescribed by regulation.

The Office of Local Government (OLG), in consultation with councils, has prepared a consultation draft of the proposed Model Meeting Code. Once this is finalised, it will replace the meeting rules currently prescribed in the Local Government (General) Regulation 2005 (the Regulation).

Once the Model Meeting Code is finalised, councils will be given a period of 6 months in which to adopt a code of meeting practice based on the Model Meeting Code.

What this will mean for your council

OLG is inviting submissions from councils and other stakeholders on the consultation draft of the Model Meeting Code.

The consultation draft of the Model Meeting Code is available on OLG’s website at www.olg.nsw.gov.au.

Submissions may be made by email to [email protected].

Submissions should be labelled “Model Meeting Code Consultation” and marked to the attention of OLG’s Council Governance Team.


Key points

The Model Meeting Code has two elements: o It contains mandatory provisions (indicated in black font) that reflect the

existing meetings provisions of the Act and adapt those currently contained in the Regulation. The existing meetings provisions of the Regulation have been updated and supplemented to reflect contemporary meetings practice by councils and to address ambiguities and areas of confusion in the existing provisions based on feedback from councils.

o It contains non-mandatory provisions (indicated in red font) that cover areas of meetings practice that are common to most councils but where

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mailto:[email protected]


there may be a need for some variation in practice between councils based on local circumstances. The non-mandatory provisions will also operate to set a benchmark based on what OLG sees as being best practice for the relevant area of practice.

In making submissions on the draft Model Meeting Code, OLG would welcome feedback from councils on whether any of the proposed non-mandatory provisions should be mandated. If there is a sufficient body of support for these from councils, these may be made mandatory in the final version of the Model Meeting Code.

Where to go for further information

For further information, contact OLG’s Council Governance Team on (02) 4428 4100.

Penny Holloway Acting Chief Executive

Section: 11.1 DIRECTOR CORPORATE SERVICES REPORT &SUPPLEMENTARY MATTERS

Agenda Item: CLAUSE 2. Murray River Council Delegations of AuthorityPolicy (re submitted from December 2017)

Attachment 12.2.1 MRC POL102.V4 Delegations of Authority Policy

Title: Delegations of Authority Policy

Policy No: POL102.V4

Adopted By: General Manager

Next Review Date: During the first 12 months of each term of office

Responsibility: Director Corporate Services

CM9 Document Number:

Version Decision Number Adoption Date History

4 POL102.3

1 Policy Summary

This document provides the Murray River Council delegation of authority comprising

Delegations of Council to the Mayor and the General Manager

2 Policy Objectives

The objectives of the Procurement Policy are to:

a. Provide delegations that meet legislative requirements;

b. Clearly delineate lines of delegation;

c. Provide financial delegations to support delivery of council business

3 Background

In accordance with section 377 of the Act, the Murray River Council (the “Council”), by resolution at its meeting held on 20 September 2016, delegated its powers, authorities, duties and functions as set out in this Part 1: Delegations of Authority to the Mayor and the General Manager.

All Council delegations contained are subject to the following limitations:

1. The delegated power, authority, duty or function being performed in accordance with Council Policy;

2. The delegated power, authority, duty or function being performed in accordance with the Law.

The delegations of Council will remain in force until they are revoked or amended by a resolution of the Council.

The amendments to this policy are the result of changes to Acts named in version 3 and legal advice form Council lawyers Kell Moore on version 3 of the Delegations of Authority Policy.

The Council notes that the General Manager may delegate his or her powers, authorities, duties and functions at his or her discretion.

4 Policy Statement

This policy provides a Delegation of Authority to support the efficient and effective operation of the council business by setting out the delegation of the mayor in relation to the General Manager as detailed in Section 6.

This policy also details the Delegation of Authority to the General Manager in the delivery of the operations of Council. The General Manager may delegation his or her authority to staff in accordance with Council Policy.

5 Legislation, Terminology and References

Section 377 of the Local Government Act 1993 (the “Act”) provides:

377 General power of the council to delegate

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following: (a) the appointment of a general manager, (b) the making of a rate, (c) a determination under section 549 as to the levying of a rate, (d) the making of a charge, (e) the fixing of a fee, (f) the borrowing of money, (g) the voting of money for expenditure on its works, services or operations, (h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or

other property (but not including the sale of items of plant or equipment), (i) the acceptance of tenders which are required under this Act to be invited by the

council, (j) the adoption of an operational plan under section 405, (k) the adoption of a financial statement included in an annual financial report, (l) a decision to classify or reclassify public land under Division 1 of Part 2 of

Chapter 6, (m) the fixing of an amount or rate for the carrying out by the council of work on private

land, (n) the decision to carry out work on private land for an amount that is less than the

amount or rate fixed by the council for the carrying out of any such work, (o) the review of a determination made by the council, and not by a delegate of the

council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister, (t) this power of delegation, (u) any function under this or any other Act that is expressly required to be exercised

by resolution of the council.

(2) A council may, by resolution, sub-delegate to the general manager or any other person

or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council.

Definitions

Act ............................ means Local Government Act 1993

Authority .................. means any government (state or federal), government department,

statutory corporation or other body having power to legally direct the

Council or its officers

Chief Executive ....... means the Chief Executive of the Office of Local Government or the

Chief Executive of any other government department which has the

carriage of the administrative functions of the Act and the portfolio of

Local Government

Law ........................... means the requirements of all statutes, rules, ordinances, codes,

regulations, proclamations, by-laws, environmental planning

instruments, directions and consents of any Authority

Minister .................... means the Minister for Local Government or any future title given to a

ministerial position of a future New South Wales State Government

portfolio that includes governance of Local Government

Office ....................... means the Office of Local Government, Department of Premier &

Cabinet, or any future department (or combined department) carrying

out the functions of the present Division of Local Government for the

State of New South Wales

6 Implementation and Delegation

Delegation to the Mayor

The Mayor, and in the absence of the Mayor, the Deputy Mayor for the period of the Mayor’s

absence, is delegated authority under section 377 of the Act to exercise and/or perform on

behalf of the Council the following powers, authorities, duties and functions:

1. Powers or Duties under Local Government Act 1993 To give effect to the law, Council’s adopted policies, resolutions and directions, provided that such delegation is not sub-delegated without the specific approval of the Council or as prescribed under the Local Government Act 1993.

2. Powers or Duties under other Legislation If, under any other Act other than the Local Government Act 1993, a function is conferred or imposed on the Mayor of Council, the function is taken to be conferred or imposed on the Council and the Mayor of the Council has delegated authority to exercise and/or perform on behalf of the Council the powers, authorities, duties and functions as prescribed under that other Act.

3. Preside at Meetings and Functions of Council To preside at all meetings of the Council, Committees, Community Committees and Public Meetings convened by the Council at which the Mayor is present, unless the Council otherwise appoints another Councillor or person to perform this function.

4. Represent Council – Government and Other Forums To represent the Council, in conjunction with the General Manager, in deputations to government, inquires and other forums where it is appropriate that the Mayor should present the Council’s position.

5. Sign and Execute Documents To sign correspondence and other documents, subject to the limitation that execution of any documents under Council Seal must be carried out in compliance with Regulation 400 of the Local Government (General) Regulations 2005.

6. Media Releases To make Media Statements and issue Press Releases in respect of Council Resolutions/Recommendations and decisions. The Mayor may delegate this function to the Deputy Mayor, a specific Councillor or the General Manager as he or she may determine.

7. Leave To approve applications of leave of absence of the General Manager for three or more consecutive business days.

Delegation to the General Manager

The General Manager, and in the absence of the General Manager their nominee as the Acting

General Manager for the period of the General Manager’s absence, is delegated authority

under section 377 of the Act, to exercise and/or perform on behalf of the Council the powers,

authorities, duties and functions of the Council, subject to the following:

1. The General Manager is restrained from carrying out any of those functions of Council excluded from delegation by operation of section 377(1) of the Act;

2. The General Manager is entitled to carry out any functions delegated to the Council by the Departmental Chief Executive or the Minister, subject to any express limitations imposed by the Departmental Chief Executive or Minister;

3. The delegation to the General Manager is limited in accordance with Council’s adopted policies in force from time to time.

If a function is conferred or imposed on an employee of the Council under any other legislation,

the function is deemed to be conferred or imposed on the Council and is delegated to the

General Manager.

Financial Delegation – Orders up to $149,999.

7 Evaluation and Review

It is the responsibility of the General Manager to monitor the adequacy of this policy

and recommend appropriate changes. This policy will be formally reviewed following

a Council election or as needed, whichever comes first.

Other related MRC policies

Delegations from General Manager to staff.


Agenda Item: CLAUSE 3: MRC Media Relations Policy

Attachment 12.3.1 MRC Media Relations Policy 2

1 Insert policy name

Title: Media Relations Policy

Policy No: XXXX

Adopted By: Council

Next Review Date: Three years

Responsibility: Director Corporate Services

CM9 Document Number: DOC/18/46

Version Decision Number Adoption Date History

1 Original document

1 Policy Summary

The Media Relations Policy provides information on the authorised spokespersons for Council, appropriate ways to handle enquiries from media representatives and the approval process for Council generated material being released.

Council recognises that a well-run, competent, ethical and reputable organisation is the best way to promote a favourable image and recognises that it can actively promote a favourable image through successful management of its communications processes with the media.

2 Policy Objectives

The objectives of the Procurement Policy are to:

a. ensure all communication from Council to the media is consistent, accurate, timely

and appropriate;

b. clearly indicate Council’s authorized spokespersons;

c. maintain positive relations with the media by providing them with accurate timely

information;

d. improve communication with internal and external customers and enhance Council’s

public image;

e. ensure that full and complete details of all issues relevant to Council activities are

fairly presented to the community.

3 Background

This policy applies to all Councillors, Council employees and volunteers.

Murray River Council will take advantage of interest from the media to further its reputation.

In dealing with the media, Councillors and Council officers must be careful to protect the best

interests of the Council.

Council welcomes inquiries from the media. All media persons are to be treated in the same

manner as any other customer of Council. That is, we will attend to media requests with


promptness and courtesy, honesty and respect. Council believes that a good relationship

based on trust and confidence is important between Council and the news media.

Accordingly, Council will endeavour to:

Be a reliable source of information; Never provide false information;

Be as co-operative as possible;

Be available, even outside normal working hours;

Check second hand sources of “facts” or opinions for accuracy before repeating;

Provide up to date information;

Always give a direct and honest answer;

Respond promptly

4 Policy Statement

Consideration should always be given to the Council decisions, policy or stated opinion on a

matter.

The Code of Conduct applies to Councillors and staff in dealing with media enquiries and

responses.

Written documents created at Council should meet the requirements of the style guide for

use of templates, logos, minimum font size etc.

Once approved, the policy will be issued to all Councillors and staff.

5 Legislation, Terminology and References

This policy document is based on the Local Government Act 1993 s226, s231.

Media – includes all types of media – printed material, emails, websites, social media, radio,

television and any other means of distribution and communication of information.

6 Implementation and Delegation

Authorised Spokespersons

a. Council has nominated the following persons to act as official spokespersons to the

media:

(i) Mayor

(ii) General Manager

b. The following authorised officers may handle a media enquiry where the request

is for simple, factual information:


(i) Director Corporate Services

(ii) Director Engineering

(iii) Director Planning, Environment and Economic Development.

c. No other staff member is authorised to handle an enquiry from the media on

Council’s behalf unless requested by one of the above to provide simple, factual

information.

Role of Councillors

a. It is commonplace for Councillors to be asked by the media to comment on

Council policy or decisions. Only the Mayor and the General Manager, or where

appropriate, the Chairperson of a Standing Committee of the Council, are

permitted to speak on behalf of Council. Individual Councillors remain free to

make personal comments to the media, but not to speak on Council’s behalf;

b. Defamation law covers Councillors as it does everyone else. It is illegal to harm

another person’s reputation verbally or through the written word.

c. Under the law, a level of qualified privilege does apply. It recognises that

Councillors may need to speak freely and publicly in undertaking their civic duties.

However, this should be treated with great caution. It covers only statements

made at Council or Committee meetings in carrying out a Councillor’s duties.

Such statements must not be made maliciously but in good faith.

Enquiries from media representatives

a. Most journalists call the Mayor’s or the General Manager’s office when they need

information about the Council or wish to arrange an interview. The Mayor or General

Manager are to be available to receive requests and provide appropriate background

and follow up to the media. Often the Mayor or the General Manager are able to

handle inquiries directly. Occasionally, however, more complex questions require

input from appropriate Council officers. In these cases, while journalists may be

under deadline pressures, it is important that Council officer’s provide information to

the Mayor or General Manager to support their response as promptly as possible.

Such co-operation enhances Council’s reputation for integrity with the news media.

b. Journalists may on occasions contact a senior officer directly. No staff member,

other than those authorised and listed above, has approval to handle an enquiry from

the media.

c. When contacted directly by the media, authorised officers may only handle the

enquiry where the request is for simple, factual information. If the media request is


for a comment on Council policy or official opinion, the enquiry must be directed to

the General Manager.

d. The Mayor or General Manager are to handle all enquiries made by television or

radio media.

Written material for media use

a. All media releases, media kits, feature stories, flyers, and other materials written

for the media or public distribution should comply with the Council style guide and

checked for editing, photographic support and policy proofing and then sent to the

General Manager for review and approval for release.

b. In the absence of the General Manager, authorised officers may approve media

releases.

c. Where a media release is prepared by another organisation which relates to a

Council project or in which Council is involved, the Council officer involved is to

ensure that a copy of the release is provided to the General Manager for review and

content approval is supplied back to the requesting organisation.

Media alerts

Any Council officer who is aware of an occurrence that may be of interest to the media should immediately contact the General Manager.

Crisis communication

Council recognises that ill-considered and uninformed comments can cause dire consequences and legal implications in the event of an emergency, disaster, crisis, or sensitive issue. Accordingly, only the Mayor and General Manager are authorised to speak to the media on these occasions.

Monitoring of Media Liaison

Where possible and cost effective, monitoring of media uptake of Council media releases and alerts will be undertaken; visitors to the council website will be counted and reported.

Non-compliance with this policy

a. Councillors

i. An alleged breach of this policy by a Councillor other than the Mayor may be

reported to the Council by the Mayor;

ii. An alleged breach by the Mayor may be reported to the Council by the

General Manager;

iii. The Council may investigate an alleged breach of this policy in such a


manner that is considered appropriate.

b. Employees – An alleged breach of the policy by an employee may result in disciplinary procedures and/or dismissal.

7 Evaluation and Review

It is the responsibility of the Director of Corporate Services to monitor the adequacy

of this policy and recommend appropriate changes. This policy will be formally

reviewed every three years or as needed, whichever comes first.

Other related MRC policies

Code of Conduct


Appendix 1: Media relations flow chart

Print Media Enquiry

(The Mayor or General Manager

handle all enquiries made by TV and

radio media

Official Spokespersons

Mayor

General Manager

Authorised Spokespersons

To provide simple, factual information only

Director Corporate Services

Director Engineering

Director Planning, Environment and

Economic Development

Other Staff

If requested by one of the General manger

or Director - provide simple factual

information only

Request for Council

Policy or official

opinion

All media

enquiries and

answers given

are to be

provided to

the General

Manager


Agenda Item: CLAUSE 4. Moama Sporting Complex

Attachment 12.9.1 Moama Sporting Complex - Mart in Street - Murray Shire

OF THE ‘MOAMA SPORTING COMPLEX’

LOCATED AT CNR. OF ECHUCA STREET & MARTIN STREET,

MOAMA NSW 2731

ON BEHALF OF

MURRAY SHIRE COUNCIL AND BENDIGO REGIONAL YMCA

AS AT NOVEMBER 2013

Property Report and Valuation

Independent & Confidential Property Advice 545 High Street, Echuca P.O. Box 2049 Echuca VIC 3564 A.C.N. 106 480 193

P 03 5480 3055 F 03 5480 3066 E [email protected] W www.eisholdproperty.com.au

Property Report and Valuation

1.0 INSTRUCTIONS

Further to our recent discussion and formal instructions, we have been requested to provide our opinion of the current rental valuation of the property known as:

Moama Sporting Complex, Echuca Street, Moama NSW 2731

This rental valuation is required to assist Murray Shire Council with their prospective rental and negotiations with a prospective new tenant, Bendigo Regional YMCA. We are informed that a licence agreement is proposed to be adopted.

The property was inspected on Friday 8th November 2013.

2.0 MARKET RENTAL VALUE

The valuation of this property has been undertaken in accordance with the definition of Market Rental Value as defined by The Australian Property Institute.

Market Rental Value is defined as:

“the estimated amount for which an asset should lease for on the date of valuation between a willing Lessor and a willing Lessee in an arms length transaction, after property marketing, wherein the parties had each acted knowledgeable, prudently, and without compulsion”.

Note that the valuation is subject to the limitation and qualification clauses contained in the Report and at the end of the Report. Due to possible changes in market forces and circumstances in relation to the subject property the Report can only be regarded as representing our opinion of value of the property at the date of valuation.

GST Status: The calculations and valuation(s) in this Report are assessed on a GST exclusive basis as this is the recommended property industry treatment of this tax in relation to valuations.

3.0 BRIEF DESCRIPTION OF PROPERTY

The subject property comprises the Moama Sporting Complex, a large community hall/basketball court that is situated on the north eastern corner of Martin Street and Echuca Street in generally a mixed commercial, residential and community precinct of Moama, approximately 750 metres east of the Moama Post Office. The sporting complex comprises a total building area of approximately 857 square metres.

The complex includes an office administration area, kitchen, storage room, separate male and female change room and toilet facilities together with ambulant toilet. The remainder of the complex provides generally a large modified basketball court contained on a sprung timber floor. The property also comprises a large extensive grassed, landscaped area and an onsite bitumen paved and line-marked car park area.

The facility has not been actively utilised for basketball for quite an extended period of time. In more recent times the facility has been utilised for a variety of functions including play gym, bingo hall and other community necessities.

Our Ref: 131017 Client: Murray Shire Council Property: Moama Sporting Complex, Echuca Street, Moama NSW 2731

November 2013 Page 3 of 12

strategies valuations investments

A prospective new License Agreement is proposed to be put in place on the property between the Murray Shire Council and Bendigo Regional YMCA. This License Agreement is to offer occupancy of the premises to the YMCA in order to provide beneficial community sporting and recreational pursuits. These pursuits are unknown at this point in time, however, we understand the facility is proposed to be more regularly occupied and further developed i.e. recreation programs, after school programs and community programs, to improve its use, functionality and service to the broader community.

We have been requested to assess a Rental Value for the property based on its current presentation, fit out and appeal.

We are also informed that internal renovation works may be completed, subject to appropriate government funding being provided. These works are to enhance and modernise the current office administration area.

4.0 LOCATION

The subject property is situated on the north east corner of Martin Street and Echuca Street in a mixed commercial, industrial, residential and community precinct of the Moama township. Adjoining the property is a local child care facility, the Martin Street Medical Clinic together with senior citizens, with an industrial estate further to the east and residential development to the west.

5.0 DESCRIPTION OF IMPROVEMENTS

The subject property comprises the Moama Sporting Complex, a public hall providing a modified basketball court facility, office and administration facilities and change room/toilet facilities.




5.1 Construction

Building details can be summarised as follows with it noted that the building complex was opened circa 1977:

Component Construction

External Walls Concrete block and metal deck

Roof Steel portal roof frame and skillion roof frame

Flooring Timber and concrete

Internal linings Concrete block, metal deck, plasterboard and suspended ceiling

Roof Colourbond metal deck

5.2 Accommodation

Entry to forecourt with waiting area, small office, kitchen facilities with built in timber cupboards, laminated bench tops, single bowl sink, electric stove, separate store room/dining room and large basketball court area/arena. There are separate male and female change room facilities including shower, toilet and wash troughs and an ambulant toilet facility.

5.3 Ancillary Improvements

Ancillary improvements to the complex include:

• Front concrete paved forecourt with stairs and ramped access;

• Onsite bitumen paved and line marked car parking area;

• Garden and grassed treed surround.




5.4 Building Areas

Our measurements completed on site indicate the following:

Gross Building Area m2

Court facility incl. small run off 581

Administration office and toilet area 276

TOTAL 857

Building area is a gross building measurement undertaken by external measurement via measuring tape.

5.5 Condition of Improvements

At the date of inspection the subject building appeared to be structurally sound and typically reflective of its original condition, fit out and appointments. It appears to be in original condition. It is fair to suggest the building would benefit from refurbishment and renovation, modernising the existing accommodation and fit out. These refurbishment/fit out works would include modernising change rooms, showers and toilet facilities together with kitchen and store room. The basketball court flooring appears to be aged and weathered and requires floor sanding, staining and possible new line marking. The line marking will need to provide the ability to offer multi games and include various court markings. There is evidence of some floor splintering with recessed metal bolt exposed above the flooring. This is critical to the use for ball sports on site. The distinct lack of storage space on site has an impact on the ability to multi use this sporting complex. Further, the lack of compliance/run off area to the basketball court restricts the age and use of the facility for particular ball sports i.e. in particular basketball.

6.0 TOWN PLANNING

Based on inspection of the Shire of Murray Local Environmental Plan, we note that the subject property is situated within an area zoned “RZ - Residential Zone”. The current use of the property as a sporting complex enjoys existing use rights.




7.0 LEASE DETAILS/OCCUPANCY

We have been provided with a copy of the proposed License Agreement to be placed on the property. This is a typical agreement for such public community facility that shall be providing benefits in regards to activities, community functions and facilities to the general public. A summary of the prospective license details can be provided as follows:

Licensor: Murray Shire Licensee: YMCA Bendigo Region Commencement Date: To be advised Current Rental: To be assessed Term: 2 to 5 years Options: As above Outgoings: Standard commercial outgoings of council rates and

water charges and use, Insurances - reinstatement, plate glass and public liability and Repairs and Maintenance, but excluding structural repairs.

Rental Review: Annually between parties Permitted Use: Community sporting and recreational uses

Importantly, in typical commercial leasing activities, most prospective occupancies generally include a net rental together with a payment for statutory outgoings. Service charges (electricity, water, telephone, gas) are incurred directly by the occupier.

Importantly, outgoings would include council water rates and taxes, insurances including building reinstatement, public liability and plate glass and general repair and maintenance expenses. Structural maintenance works would be the requirement of the landlord, either lessor and/or licensor. We note that gaining popularity in the current market place is the assessment of a gross rental payment. This reflects an annualised rental occupancy cost including rent and outgoings. This form of rental payment provides a licensee/lessee with an opportunity to pay calendar monthly rental cost of a consistent amount as opposed to a net rental. A net rental payment, plus all outgoings which occur frequently but irregularly throughout a calendar year make if more difficult for new business to budget as they seek to develop an income stream. This provides a greater ability of the licensee/lessee to budget and spread costs over an annual period.




7.1 Annual Costs

Details provided by the Murray Shire Council identify the following costs have been incurred in regards to maintenance, occupancy and operation of the Moama Sporting Complex over the last four (4) years. These are not itemised but they have been totalled and are summarised as follows:

Year Expenses

2010 $12,405.91

2011 $19,586.32

2012 $14,112.95

2013 (to date) $20,257.05

TOTAL $66,262.23

Average $16,590

There has been no registered income against this expense allocation. The annual cost in maintaining the premises is between $15,000 - $20,000 per annum. We would encourage for any prospective License or Lease being placed on the property, that the occupancy costs/expenses associated with the running and operation of the complex be “moved across to the prospective occupier”. This would benefit the Lessor by removing expenses or the costs of operation from the Murray Shire Council to a third party.

7.2 Sporting Complex/Public Hall

There is very little (if any) market evidence that can be provided in order to gauge a rental assessment for the property. Obviously, many occupiers reflect a public community use facilitator who provides various sporting facilities and events to the general public and community. The importance of these facilities generally outweigh the occupancy cost of the premises. Typically, a license or lease would result in the occupier paying the annual operating costs of the facility.

8.0 RENTAL VALUE ASSESSMENT

In assessing a rental value of the property, we have taken into account the following items:

(a) Age, condition, fit out and accommodation provided within the Moama Sporting Complex;

(b) Limitations of the existing sporting complex relative to rules, regulations and compliance requirements for new sporting facilities;

(c) The inability to provide onsite storage (accessible and locked) enabling multi use and multi-function facilities of the sporting complex;

(d) The requirement to provide public use facility, activity and program for general public and community in Moama;

(e) The opportunity cost for the licensor/lessor (Murray Shire Council) to receive some income to offset an expense (negative cost) in regards to continual ownership, occupancy and maintenance of this facility.




8.1 Rental Assessment

8.1.1 Direct Comparison Approach

This approach considers sales of properties of the same type as far as possible and either compares them directly with the subject property making appropriate adjustments for differences in the properties, circumstances of sale and market factors, or where appropriate applies a comparative per unit rate to the subject property which has been deduced from sales evidence. In assessing a rental based on Direct Comparison of other like facilities, we have found the following charges are incurred:

(a) A return based on gross income derived from the premises reflective of an

occupancy cost, payment and assessment in arrear and reliant upon annualised accounts;

(b) A payment made by the landlord/licensor/lessor to assist in the operation expenses incurred by the occupier i.e. payment towards rates, taxes, insurances or repairs/maintenance.

(c) Peppercorn rental assessment Our valuation research is summarised below:

“Rental cost for Hall Usage” generally reflects a casual use rate payable by the individual group/organiser of an event, with the property owner (Shire) overseeing the use and maintenance of the Stadium.

8.1.2 Occupancy Cost

We would encourage the assessment of rental cost in this particular instance reflects the continued occupancy and operating expenses that are to be incurred in utilising the facilities. Thus annualised costs/expenses incurred by the Murray Shire Council to cover a variety of costs but not limited to council water rates and charges, insurances including Public Liability, Plate Glass and Building Reinstatement Insurance and repairs and maintenance would reflect a “rental cost” to the general occupier. This would therefore provide the lessor/licensor a neutral cost (zero cost) to the property ownership under such form of occupancy.

9.0 VALUATION ASSESSMENT

We believe in this instance that a “Peppercorn Rental” should be incurred by the licensee together with the apportionment of all operating expenses associated with the complex in the short term. This would enable the Licensee to commenced programs, increase use, gain an income (stream) and improve the activity in the stadium. We recommend these costs include council water rates and taxes if applicable in both instances, repairs and maintenance but excluding any works of a structural or fixed requirement i.e. replacement of roofing material and other such major works and insurances incorporating building reinstatement, public liability and plate glass.




This would then provide an opportunity for the lessor/licensor to reduce costs in owning and maintaining the public facility. It would then provide an opportunity for public use to recommence/commence within the facility. This is the overall requirement for the Murray Shire Council in order to provide their local rate payers and constituents with an active sporting complex/venue providing a multi-use facility and/or operations. Accordingly, over time as the Licensee becomes more established and financially viable, a greater rental income may then become available.

10.0 GST

Our valuation assessment noted above is considered to be exclusive of any GST charges that would be applicable to the subject property. The level of GST to be incurred on the property, if it was to be sold, will be reflective of the individual circumstances of the vendor and purchaser and whether they are registered for GST.




11.0 DISCLAIMER

• This valuation is for the use only of the instructor and for no other purpose. No responsibility is accepted to any third party who may use or rely on the whole or any part of the content of this valuation.

• Neither the whole nor any part of this report, nor any other advice given in respect of the property which is the subject of this report, nor any reference thereto, may be relied upon or included in any document, circular or statement without our written approval of the form and context in which it will appear.

• Eishold Property hereby declares that it makes no guarantee, promise, warranty, representation or undertaking that the lodgement of this valuation report will result in any predetermined requirements of the instructing party or client being satisfied.

• This valuation is current as at the date of valuation only. The value assessed herein may change significantly and unexpectedly over a relatively short period (including as a result of general market movements or factors specific to the particular property). We do not accept liability for losses arising from such subsequent changes in value. Without limiting the generality of the above, we do not assume responsibility or accept any liability in circumstances where this valuation is relied upon after the expiration of three months from the date of valuation.

• We hereby certify that we do not have any direct, indirect or financial interest in the property described herein.

• We direct your attention to the other qualifying statements contained within this report document.

• This valuation does not propose to be a structural survey.

• Our Valuations exclude any allowance for the removal of asbestos related materials where they may exist. They also exclude the cost to rectify and make good those sites which may have become contaminated as a result of the continued occupation of the sites. We are not qualified to ascertain whether any building was constructed or altered using deleterious materials or techniques (including, by way of example, calcium chloride or asbestos). Unless we are otherwise informed, our valuations are on the basis that no such materials or techniques have been used.

Unless specifically stated to the contrary, this valuation takes no account of the actual or possible effect on the value of the subject property of any environmental hazard or the cost of, or necessity for, ceasing or cleaning up any environmental hazard. Further, unless this valuation specifically states that the client has requested:

a) Advice on whether the property is, or might be, affected by an environmental hazard or a requirement to cease or clean up an environmental hazard; or

b) A recommendation as to whether or not to investigate whether the property is or might be affected by an environmental hazard or a requirement to cease or clean up an environmental hazard; or

c) A recommendation as to whether or not to conduct an environmental audit;

This valuation includes no advice or recommendation and the valuer accepts no responsibility for the omission. For the purpose of this clause, “environmental hazard” means:

a) Pollution;

b) Contamination;

c) Noxious emission or discharge




We have not carried out any investigations into environmental issues nor do we have the required expertise and therefore cannot accept responsibility for the affect that such conditions may have on value or the ability to dispose of the properties as appropriate.

• Information on town planning is, wherever possible, obtained verbally from the local planning authority and, if confirmation is required, we recommend that verification be obtained from lawyers that:

i. the position is correctly stated in our report;

ii. the property is not adversely affected by any other decisions made, or conditions prescribed, by public authorities;

iii. that there are no outstanding statutory notices.

Our valuations are prepared on the basis that the premises (and any works thereto) comply with all relevant statutory regulations, including enactments relating to explosion and fire regulations.




12.0 VALUATION

In assessing the valuation of the property we have scrutinised and analysed current available rental evidence for comparable district properties, and considered prevailing trends and other economic indicators affecting the existing real estate property market. In our opinion, subject to the comments contained within this report, the current market rental value of the unencumbered estate in fee simple of the land known as the Moama Sporting Complex, Echuca Street, Moama NSW 2731 as at the date of inspection is:

12.1 Open Market Rental Value

$1 per annum plus all operating, maintenance, insurance and statutory costs incurred on the property* ONE DOLLAR plus all operating, maintenance, insurance and statutory costs incurred on the property *

* These amounts are GST exclusive. EISHOLD PROPERTY Simon F. Eishold B.Bus (Property) FAPI, CEA (REIV) Director API Accredited Specialist Retail Valuer API Accredited Specialist Water Valuer Certified Practising Valuer Unrestricted Reg No. 3539 in the State of New South Wales Membership No. 1437 in the State of Victoria Unrestricted Reg No. 3539 in the State of New South Wales

Liability limited by a scheme approved under Professional Standards Legislation