Agenda, decisions and minutes

Ordinary meeting Minutes 15 June 2022.

RESOLVED [37/22] (Cadwallader/Gordon) that the Minutes of the meeting held 15 June 2022 be confirmed as presented.

Council would like to show its respect and acknowledge the Traditional Custodians of the Land, of Elders past and present on which this meeting takes place.

Council showed its respect and acknowledged the Traditional Custodians of the Land, of all Elders, on which this meeting took place.

Nil.

Brian Wilkinson, Chair of Audit Risk and Improvement Committee (refer Item 13.6 of the agenda)

Brian Wilkinson, Chair of Audit Risk and Improvement Committee, presented to Council on the Committee Performance Review 2021-2022 (refer to Item 13.6 of the agenda).

Cr Rob expressed his appreciation for the work done by all members of the ARIC.

Cr Mustow extended his thanks to Mr Wilkinson for his informative presentation.

Nil items.

ALTERING ORDER OF BUSINESS

RESOLVED [38/22] (Rob/Humphrys) that the order of business be altered to debate the Report: Notice of Motion: Local Government NSW Annual Conference) – Item 17.1.

  i).       Notice of Motion: Local Government NSW Annual Conference

RESOLVED [39/22] (Rob/Gordon) that Council support the proposed motions outlined in the report and their submission to Local Government NSW for consideration at its annual conference being held on 23-25 October 2022.

ALTERING ORDER OF BUSINESS

RESOLVED [38/22] (Rob/Humphrys) that the order of business be altered to debate the Report: Notice of Motion: Local Government NSW Annual Conference) – Item 17.1.

  i).       Notice of Motion: Local Government NSW Annual Conference

RESOLVED [39/22] (Rob/Gordon) that Council support the proposed motions outlined in the report and their submission to Local Government NSW for consideration at its annual conference being held on 23-25 October 2022.eting – refer above.

RESOLVED [42/22] (Gordon/Lyon) that Council:

1.       Receive and note the Preliminary 2021/22 End of Year Financial Summary Report, acknowledging that it is a preliminary summary prior to end of year adjustments and audit.

2.       Approve the transfers to and from reserve as detailed in Tables 2 - 8 of the report.

3.       Approve the funds to be carried forward as detailed in Tables 9 - 16 of the report.

RESOLVED [42/22] (Gordon/Lyon) that Council:

1.       Receive and note the Preliminary 2021/22 End of Year Financial Summary Report, acknowledging that it is a preliminary summary prior to end of year adjustments and audit.

2.       Approve the transfers to and from reserve as detailed in Tables 2 - 8 of the report.

3.       Approve the funds to be carried forward as detailed in Tables 9 - 16 of the report.

RESOLVED [43/22] (Ndiaye/Rob) that Council, in accordance with its Debt Management and Financial Hardship policy:

1.    Approve the write-off of one (1) Water Filling customer due to bankruptcy.

2.     Approve the write-off of three (3) Retail Water Billing customers due to cyble unit issues not accurately recording water usage.

RESOLVED [43/22] (Ndiaye/Rob) that Council, in accordance with its Debt Management and Financial Hardship policy:

1.    Approve the write-off of one (1) Water Filling customer due to bankruptcy.

2.     Approve the write-off of three (3) Retail Water Billing customers due to cyble unit issues not accurately recording water usage.

RESOLVED [44/22] (Ndiaye/Rob) 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 [44/22] (Ndiaye/Rob) 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 [45/22] (Ndiaye/Lyon) that Council:

1.      Endorses the draft Rous Regional Demand Management Plan (2023-2026) attached to the report, for public exhibition for the period 22 August to 12 September 2022. 

2.      If public submissions are made during the public exhibition period, a report be furnished to Council’s October 2022 meeting, including staff comment on how the submissions have been considered, for Council to determine a position on endorsement of the Plan.

3.      If no public submissions are made during the public exhibition period, the version of the draft Rous Regional Demand Management Plan (2023-2026) placed on public exhibition, is deemed to be adopted by Council.

4.      Note that constituent councils will be advised in writing once the draft Regional Demand Management Plan is on public exhibition.

RESOLVED [45/22] (Ndiaye/Lyon) that Council:

1.      Endorses the draft Rous Regional Demand Management Plan (2023-2026) attached to the report, for public exhibition for the period 22 August to 12 September 2022. 

2.      If public submissions are made during the public exhibition period, a report be furnished to Council’s October 2022 meeting, including staff comment on how the submissions have been considered, for Council to determine a position on endorsement of the Plan.

3.      If no public submissions are made during the public exhibition period, the version of the draft Rous Regional Demand Management Plan (2023-2026) placed on public exhibition, is deemed to be adopted by Council.

4.      Note that constituent councils will be advised in writing once the draft Regional Demand Management Plan is on public exhibition.

RESOLVED [46/22] (Bruem/Gordon) that Council:

1.      Accept the tender submitted by Australian Valve Group Pty Ltd for a contract lump sum price of $261,293.41 incl. GST for the supply of backflow prevention devices.

2.      Approve an additional $25,000 (incl. GST) as a contingency amount.

Cr Lyon left the meeting at 11.24am and returned at 11.27am.

Cr Lyon was absent during voting on the above resolution.

RESOLVED [46/22] (Bruem/Gordon) that Council:

1.      Accept the tender submitted by Australian Valve Group Pty Ltd for a contract lump sum price of $261,293.41 incl. GST for the supply of backflow prevention devices.

2.      Approve an additional $25,000 (incl. GST) as a contingency amount.

Cr Lyon left the meeting at 11.24am and returned at 11.27am.

Cr Lyon was absent during voting on the above resolution.

RESOLVED [47/22] (Rob/Gordon) that Council:

1.         Revoke the Code of Meeting Practice dated 19 June 2019 and any other document revived as a result of the revocation; and

2.         Adopt the revised Code of Meeting Practice (Attachment 1).

RESOLVED [47/22] (Rob/Gordon) that Council:

1.         Revoke the Code of Meeting Practice dated 19 June 2019 and any other document revived as a result of the revocation; and

2.         Adopt the revised Code of Meeting Practice (Attachment 1).

RESOLVED [48/22] (Cadwallader/Lyon) that Council approve the instrument of delegation for the position of General Manager as presented in Attachment 2.

Cr Rob left the meeting at 11.36am and returned at 11.38am.

Cr Rob was absent during voting on the above resolution.

RESOLVED [48/22] (Cadwallader/Lyon) that Council approve the instrument of delegation for the position of General Manager as presented in Attachment 2.

Cr Rob left the meeting at 11.36am and returned at 11.38am.

Cr Rob was absent during voting on the above resolution.

RESOLVED [49/22] (Cadwallader/Bruem) that Council:

1.         Receive and note the report.

2.         Endorse the termination of the lease of 207 Molesworth Street, Lismore.

3.         Endorse the reallocation of funds to the catchment and cultural awareness budget for progressing reconciliation activities.

4.         Receive a progress report at the February 2023 Council meeting.

Voting against: Cr Gordon

RESOLVED [49/22] (Cadwallader/Bruem) that Council:

1.         Receive and note the report.

2.         Endorse the termination of the lease of 207 Molesworth Street, Lismore.

3.         Endorse the reallocation of funds to the catchment and cultural awareness budget for progressing reconciliation activities.

4.         Receive a progress report at the February 2023 Council meeting.

Voting against: Cr Gordon

RESOLVED [50/22] (Rob/Humphrys) that Council:

1.      Receive and note the report.

2.      Publicly exhibit the revised Retail Water Customer Account Assistance policy and Debt Management and Financial Hardship policy (Attachment 1 and 2) for a period of 28 days, and:

                i).         Should no public submissions be received:

(a)   The following policies be revoked and any policies revived as a result of the revocation:

·       Debt Management and Financial Hardship policy dated 15 April 2020; and

·       Retail Water Customer Account Assistance policy dated 19 September 2018.

                   (b)  The revised policies attached to the report be adopted.

  (c)   The revised Retail Water Customer Account Assistance policy be applied to those properties identified as staff having excess water usage in flood affected areas for Quarter 4 (February to May 2022).

                  ii).      Should any public submission be received, those submissions be considered by Council at its next meeting in conjunction with consideration of revoking the above policies and adopting the revised policies.

3.         Fix the amount above which debts may be written off only by resolution of Council at $5,000 (incl. GST).

4.          Approve the removal the paragraph referring to write-offs: Rates, Charges and Debts to Council from the Revenue policy (Fees and Charges 2022-23) as it is captured in the General Manager’s delegation.

Cr Ndiaye left the meeting at 11.50am and returned at 11.52am.

Cr Ndiaye was absent during voting on the above resolution.

RESOLVED [50/22] (Rob/Humphrys) that Council:

1.      Receive and note the report.

2.      Publicly exhibit the revised Retail Water Customer Account Assistance policy and Debt Management and Financial Hardship policy (Attachment 1 and 2) for a period of 28 days, and:

                i).         Should no public submissions be received:

(a)   The following policies be revoked and any policies revived as a result of the revocation:

·       Debt Management and Financial Hardship policy dated 15 April 2020; and

·       Retail Water Customer Account Assistance policy dated 19 September 2018.

                   (b)  The revised policies attached to the report be adopted.

  (c)   The revised Retail Water Customer Account Assistance policy be applied to those properties identified as staff having excess water usage in flood affected areas for Quarter 4 (February to May 2022).

                  ii).      Should any public submission be received, those submissions be considered by Council at its next meeting in conjunction with consideration of revoking the above policies and adopting the revised policies.

3.         Fix the amount above which debts may be written off only by resolution of Council at $5,000 (incl. GST).

4.          Approve the removal the paragraph referring to write-offs: Rates, Charges and Debts to Council from the Revenue policy (Fees and Charges 2022-23) as it is captured in the General Manager’s delegation.

Cr Ndiaye left the meeting at 11.50am and returned at 11.52am.

Cr Ndiaye was absent during voting on the above resolution.

RESOLVED [51/22] (Cadwallader/Rob) that Council:

1.      Revoke the ‘Public Interest Disclosures’ policy dated 17 June 2020 and any policies revised as a result of the revocation; and

2.       Adopt the revised ‘Public Interest Disclosures’ policy attached to the report.

RESOLVED [51/22] (Cadwallader/Rob) that Council:

1.      Revoke the ‘Public Interest Disclosures’ policy dated 17 June 2020 and any policies revised as a result of the revocation; and

2.       Adopt the revised ‘Public Interest Disclosures’ policy attached to the report.

RESOLVED [53/22] (Rob/Humphrys) that Council:

1.        Revoke the following policies and any policies revived as a result of the revocation:

a.    Asset Management policy adopted on 21 June 2017; and

b.    Asset Capitalisation policy adopted on 21 June 2017.

2.      Adopt the following revised policies attached to this report:

a.    Asset Management policy; and

b.     Asset Capitalisation policy.

RESOLVED [53/22] (Rob/Humphrys) that Council:

1.        Revoke the following policies and any policies revived as a result of the revocation:

a.    Asset Management policy adopted on 21 June 2017; and

b.    Asset Capitalisation policy adopted on 21 June 2017.

2.      Adopt the following revised policies attached to this report:

a.    Asset Management policy; and

b.     Asset Capitalisation policy.

RESOLVED [54/22] (Ndiaye/Cadwallader) that Council publicly exhibit the revised ‘Councillor fees, expenses and facilities’ policy (Attachment 3) for a period of 28 days, and:

1.      Should no public submission be received, the following policies be revoked and the revised ‘Councillor fees, expenses and facilities’ policy is adopted:

(a)  ‘Chairperson and member fees’ policy dated 21 December 2016; and

(b)  ‘Payment of expenses and provision of facilities for chairperson and councillors’ policy dated 19 April 2017,

and any policies revived as a result of the revocation.

2.       Should any public submission be received, those submissions be considered by Council at its next meeting in conjunction with consideration of revoking the above policies and adopting a revised ‘Councillor fees, expenses and facilities’ policy.

3.       Carers’ allowance be increased from $1,000 to $2,000 ex GST per councillor – any increases to that amount be at the discretion of the General Manager.

RESOLVED [54/22] (Ndiaye/Cadwallader) that Council publicly exhibit the revised ‘Councillor fees, expenses and facilities’ policy (Attachment 3) for a period of 28 days, and:

1.      Should no public submission be received, the following policies be revoked and the revised ‘Councillor fees, expenses and facilities’ policy is adopted:

(a)  ‘Chairperson and member fees’ policy dated 21 December 2016; and

(b)  ‘Payment of expenses and provision of facilities for chairperson and councillors’ policy dated 19 April 2017,

and any policies revived as a result of the revocation.

2.       Should any public submission be received, those submissions be considered by Council at its next meeting in conjunction with consideration of revoking the above policies and adopting a revised ‘Councillor fees, expenses and facilities’ policy.

3.       Carers’ allowance be increased from $1,000 to $2,000 ex GST per councillor – any increases to that amount be at the discretion of the General Manager.

RESOLVED [55/22] (Rob/Cadwallader) that Council:

1.        Revoke the Privacy Management policy adopted on 14 June 2015 and any policies revived as a result of the revocation.

2.        Adopt the proposed Privacy policy attached to the report.

3.        Note that, subject to the adoption of the proposed policy that a Privacy Management Plan be developed, approved by the General Manager and made available as open access information.  

Cr Bruem left the meeting at 12.10pm and returned at 12.12pm.

Cr Bruem was absent during voting on the above resolution.

RESOLVED [55/22] (Rob/Cadwallader) that Council:

1.        Revoke the Privacy Management policy adopted on 14 June 2015 and any policies revived as a result of the revocation.

2.        Adopt the proposed Privacy policy attached to the report.

3.        Note that, subject to the adoption of the proposed policy that a Privacy Management Plan be developed, approved by the General Manager and made available as open access information.  

Cr Bruem left the meeting at 12.10pm and returned at 12.12pm.

Cr Bruem was absent during voting on the above resolution.

RESOLVED [56/22] (Cadwallader/Lyon) that Council:

1.         Revoke the Related Party Disclosure policy dated 17 May 2017, and

2.       Approve the revised Related Party Disclosure policy (Attachment 2).

RESOLVED [56/22] (Cadwallader/Lyon) that Council:

1.         Revoke the Related Party Disclosure policy dated 17 May 2017, and

2.       Approve the revised Related Party Disclosure policy (Attachment 2).

RESOLVED [57/22] (Cadwallader/Rob) thatthe followinginformation reportsbe receivedand noted:

1.             Investments- July2022

2.             Debt write-off information summary

3.             Waterconsumption - July 2022

4.             Delivery program progress update: January to June 2022

5.             AuditRisk andImprovement Committee:meeting update including the Committee Performance report for the period 2021 - 2022.

6.             Reports/actionspending

RESOLVED [57/22] (Cadwallader/Rob) thatthe followinginformation reportsbe receivedand noted:

1.             Investments- July2022

2.             Debt write-off information summary

3.             Waterconsumption - July 2022

4.             Delivery program progress update: January to June 2022

5.             AuditRisk andImprovement Committee:meeting update including the Committee Performance report for the period 2021 - 2022.

6.             Reports/actionspending

MOVED TO CLOSED COUNCIL

RESOLVED [58/22] (Cadwallader/Ndiaye) 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 12.17pm.

RESUME TO OPEN COUNCIL

RESOLVED [59/22] (Ndiaye/Rob)that the meeting resume to Open Council.

The meeting moved to Open Council at 1.00pm.

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

MOVED TO CLOSED COUNCIL

RESOLVED [58/22] (Cadwallader/Ndiaye) 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 12.17pm.

RESUME TO OPEN COUNCIL

RESOLVED [59/22] (Ndiaye/Rob)that the meeting resume to Open Council.

The meeting moved to Open Council at 1.00pm.

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

RESOLVED [60/22] (Cadwallader/Bruem) that Council receive and note the information provided and adopt Option 3 as recommended in the report.

RESOLVED [60/22] (Cadwallader/Bruem) that Council receive and note the information provided and adopt Option 3 as recommended in the report.

Nil.

Matter dealt with earlier in the meeting – refer Item 5.

Matter dealt with earlier in the meeting – refer Item 5.

Meeting closed at 1.02pm.