Agenda, decisions and minutes

Rous County Council acknowledges the Traditional Custodians of the land upon which we work and live. We pay our respects to the Elders of the past, present and emerging and acknowledge their continuing connection to Country who will guide us on our shared journey to the future.

Rous County Council acknowledges the Traditional Custodians of the land upon which we work and live. We pay our respects to the Elders of the past, present and emerging and acknowledge their continuing connection to Country who will guide us on our shared journey to the future.

Ordinary Council meeting 19 October 2022.

RESOLVED [75/22] (Cadwallader/Bruem) that the Minutes of the meeting held 19 October 2022 be agreed to as presented.

RESOLVED [75/22] (Cadwallader/Bruem) that the Minutes of the meeting held 19 October 2022 be agreed to as presented.

Nil.

Nil.

RESOLVED [76/22] (Mustow/Rob) that Council receive and note the Chair’s Minute.

Nil.

Nil.

Nil.

Nil.

RESOLVED [77/22] (Humphries/Cadwallader) that Council in accordance with section 356 (1) of the Local Government Act 1993 and its ‘Retail Water Customer Account Assistance’ policy, approve financial assistance as listed in Table 1 of the report.

RESOLVED [77/22] (Humphrys/Cadwallader) that Council in accordance with section 356 (1) of the Local Government Act 1993 and its ‘Retail Water Customer Account Assistance’ policy, approve financial assistance as listed in Table 1 of the report.

RESOLVED [78/22] (Cadwallader/Humphries) that Council approve a request for the write-off of $18,240.79 in water charges from the SES Capital Pty Ltd water account in relation to the property at 61 Caniaba Road, Loftville due to the reasons outlined in the report

RESOLVED [78/22] (Cadwallader/Humphrys) that Council approve a request for the write-off of $18,240.79 in water charges from the SES Capital Pty Ltd water account in relation to the property at 61 Caniaba Road, Loftville due to the reasons outlined in the report

RESOLVED [79/22] (Rob/Cadwallader) that Council:

1. Endorse the Digital Strategy attached to the report, and

2. Note the commencement of the Digital Transformation program of work.

RESOLVED [79/22] (Rob/Cadwallader) that Council:

1. Endorse the Digital Strategy attached to the report, and

2. Note the commencement of the Digital Transformation program of work.

RESOLVED [80/22] (Rob/Cadwallader) that Council acknowledge that the audited 2021/22 Financial Reports were presented to the public and no submissions were received.

RESOLVED [80/22] (Rob/Cadwallader) that Council acknowledge that the audited 2021/22 Financial Reports were presented to the public and no submissions were received.

RESOLVED [81/22] (Gordon/Bruem) that Council:

1. Endorses the draft Bulk Water Supply Development Servicing Plan attached to the report for public exhibition for the period 19 December 2022 to 2 February 2023.

2. Write to the constituent councils advising of the proposed changes to the Bulk Water Supply developer charge and requesting the Constituent Councils consider providing this notification of change to existing unpaid development applicants.

3. Endorses the draft Retail Water Supply Development Servicing Plan attached to the report for public exhibition for the period 19 December 2022 to 2 February 2023.

RESOLVED [81/22] (Gordon/Bruem) that Council:

1. Endorses the draft Bulk Water Supply Development Servicing Plan attached to the report for public exhibition for the period 19 December 2022 to 2 February 2023.

2. Write to the constituent councils advising of the proposed changes to the Bulk Water Supply developer charge and requesting the Constituent Councils consider providing this notification of change to existing unpaid development applicants.

3. Endorses the draft Retail Water Supply Development Servicing Plan attached to the report for public exhibition for the period 19 December 2022 to 2 February 2023.

RESOLVED [82/22]  (Rob/Bruem) that Council:

(a) Take no further action to progress a pilot purified recycled water scheme at the Perradenya Estate as part of the Future Water Project 2060.

(b) Continue to investigate the possibility of implementing a Purified Recycled Water pilot at the most advantageous location to meet strategic objectives of the Future Water Project 2060.

(c) Delay any significant investigations into a Purified Recycled Water pilot until such time as the Purified Recycled Water for Drinking Investigations – Option Assessment of Indirect and Direct Potable Reuse Schemes has been completed.

(d) Consider the comparative viability of Purified Recycled Water as a potential Stage 3 option when assessing whether to proceed with additional pilot investigations.

RESOLVED [82/22]  (Rob/Bruem) that Council:

(a) Take no further action to progress a pilot purified recycled water scheme at the Perradenya Estate as part of the Future Water Project 2060.

(b) Continue to investigate the possibility of implementing a Purified Recycled Water pilot at the most advantageous location to meet strategic objectives of the Future Water Project 2060.

(c) Delay any significant investigations into a Purified Recycled Water pilot until such time as the Purified Recycled Water for Drinking Investigations – Option Assessment of Indirect and Direct Potable Reuse Schemes has been completed.

(d) Consider the comparative viability of Purified Recycled Water as a potential Stage 3 option when assessing whether to proceed with additional pilot investigations.

RESOLVED [83/22] (Gordon/Bruem)

1. That based on the contents of the report, Council authorises the General Manager to:

a) Finalise negotiations for the purchase of The Russellton Property identified in the report at the agreed price, and

b) Execute all relevant documents required for the purchase, including any heads of agreement, planning documents and the Contract for Sale.

2. That upon settlement of the purchase, the land be classified as Operational Land for the purposes of Part 2 Division 1 of the Local Government Act 1993.

RESOLVED [83/22] (Gordon/Bruem)

1. That based on the contents of the report, Council authorises the General Manager to:

a) Finalise negotiations for the purchase of The Russellton Property identified in the report at the agreed price, and

b) Execute all relevant documents required for the purchase, including any heads of agreement, planning documents and the Contract for Sale.

2. That upon settlement of the purchase, the land be classified as Operational Land for the purposes of Part 2 Division 1 of the Local Government Act 1993.

RESOLVED [84/22] (Rob/Gordon) that Council:

1. Endorse the following actions to be taken concurrently:

(a) Progress action 1.2.2 of the Delivery Program, being a strategic review of flood mitigation function, incorporating data arising from 2022 flood events, and report back with recommendations in relation to Rous’s future role in the region; and

(b) Authorise the General Manager to negotiate an interim solution to effectively manage risk associated with Rous’s function and operation in urban flood mitigation with respect to the Lismore Levee Scheme (to have effect pending finalisation of (1a)).

2. Reaffirm action 1.2.2 of the Delivery Program and endorse writing to Ballina Shire Council, Lismore City Council and Richmond Valley Council to advise of the strategic review of Flood Mitigation and that it is expected to be completed by June 2024.

RESOLVED [84/22] (Rob/Gordon) that Council:

1. Endorse the following actions to be taken concurrently:

(a) Progress action 1.2.2 of the Delivery Program, being a strategic review of flood mitigation function, incorporating data arising from 2022 flood events, and report back with recommendations in relation to Rous’s future role in the region; and

(b) Authorise the General Manager to negotiate an interim solution to effectively manage risk associated with Rous’s function and operation in urban flood mitigation with respect to the Lismore Levee Scheme (to have effect pending finalisation of (1a)).

2. Reaffirm action 1.2.2 of the Delivery Program and endorse writing to Ballina Shire Council, Lismore City Council and Richmond Valley Council to advise of the strategic review of Flood Mitigation and that it is expected to be completed by June 2024.

RESOLVED [86/22] (Bruem/Cadwallader) that the following information reports be received and noted:

1. Investments - November 2022

2. Water consumption - October 2022

3. Reports/actions pending

4. Annual ‘Model Code of Complaint Statistics’

5. Audit Risk and Improvement Committee 28 November 2022 - meeting update

6. Licence Agreement: Ngulingah Local Aboriginal Land Council - Level 2, 218-232 Molesworth Street, Lismore

7. Disclosure of Interest Returns

8. Draft North Coast Regional Water Strategy - shortlisted actions - consultation paper - Council submission.

RESOLVED [86/22] (Bruem/Cadwallader) that the following information reports be received and noted:

1. Investments - November 2022

2. Water consumption - October 2022

3. Reports/actions pending

4. Annual ‘Model Code of Complaint Statistics’

5. Audit Risk and Improvement Committee 28 November 2022 - meeting update

6. Licence Agreement: Ngulingah Local Aboriginal Land Council - Level 2, 218-232 Molesworth Street, Lismore

7. Disclosure of Interest Returns

8. Draft North Coast Regional Water Strategy - shortlisted actions - consultation paper - Council submission.

RESOLVED[85/22] (Cadwallader/Humphries) that Council:

1. Revoke the policy titled ‘Feedback and Complaints Handling’ dated 19 December 2018 attached to the report, and any policy revived as a result of that revocation; and

2. Adopt the draft policy titled ‘Customer feedback, complaints and unreasonable conduct’ attached to the report.

RESOLVED[85/22] (Cadwallader/Humphrys) that Council:

1. Revoke the policy titled ‘Feedback and Complaints Handling’ dated 19 December 2018 attached to the report, and any policy revived as a result of that revocation; and

2. Adopt the draft policy titled ‘Customer feedback, complaints and unreasonable conduct’ attached to the report.

MOVED TO CLOSED COUNCIL

RESOLVED [87/22] [Gordon/Humphries] that Council move into Closed Council with the press and public excluded from the meeting based on the grounds detailed below:

The meeting moved to Closed Council at 10.41.

RESUME TO OPEN COUNCIL

RESOLVED [88/22] (Cadwallader/Lyon) that the meeting resume to Open Council.

The meeting moved to Open Council at 10.56am

The General Manager read to the meeting the following resolution of Council:

RESOLVED [89/22] (Gordon/Rob) that Council, as part of implementation of the Future Water Project 2060 in relation to the Woodburn Groundwater Scheme, authorise:

(a) the General Manager to progress negotiations for access to and purchase of land identified in the report and establishment of easements.

(b) the General Manager to sign any documents including options, agreements, contracts or other documents required to secure access to the land identified.

(c) the Chair and General Manager to sign necessary documentation under seal to effect the purchase of land required for the Woodburn Groundwater Scheme.

2. In the event agreement cannot be reached with the landowners, then the General Manager is authorised to:

(a) apply to the Minister for approval to commence the Compulsory Acquisition process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991

(b) issue a Proposed Acquisition Notice to each affected landowner, following the Minister’s approval being granted, for the portions of land identified in this report, along with any easements for access as required.

3. That upon acquisition of land by agreement or acquisition, the land to be classified as Operational Land for the purposes of s25 of the Local Government Act 1993.

The General Manager read to the meeting the following resolution of Council:

RESOLVED [89/22] (Gordon/Rob) that Council, as part of implementation of the Future Water Project 2060 in relation to the Woodburn Groundwater Scheme, authorise:

(a) the General Manager to progress negotiations for access to and purchase of land identified in the report and establishment of easements.

(b) the General Manager to sign any documents including options, agreements, contracts or other documents required to secure access to the land identified.

(c) the Chair and General Manager to sign necessary documentation under seal to effect the purchase of land required for the Woodburn Groundwater Scheme.

2. In the event agreement cannot be reached with the landowners, then the General Manager is authorised to:

(a) apply to the Minister for approval to commence the Compulsory Acquisition process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991

(b) issue a Proposed Acquisition Notice to each affected landowner, following the Minister’s approval being granted, for the portions of land identified in this report, along with any easements for access as required.

3. That upon acquisition of land by agreement or acquisition, the land to be classified as Operational Land for the purposes of s25 of the Local Government Act 1993.

Meeting closed 10.59am