Agenda, decisions and minutes

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.

Ordinary Council meeting 21 June 2023.

RESOLVED [34/23] (Humphrys/Gordon) that the Minutes of the meeting held 21 June 2023 be approved as presented.

RESOLVED [34/23] (Humphrys/Gordon) that the Minutes of the meeting held 21 June 2023 be approved as presented.

Cr Rob and Cr Gordon declared a significant, non-pecuniary interest in Confidential Item 13.1 Perradenya Estate – update report and will not be present during discussions on the matter. It was also noted Cr Rob and Cr Gordon did not receive a copy of this confidential report.

Cr Rob and Cr Gordon declared a significant and non-pecuniary interest in Item 11.1 Proposed changes to ownership – Lismore Levee Scheme and will not be present during discussions on the matter.

Nil.

Nil matters.

Nil.

(Refer to Item 12.6 – Chair’s Committee Performance report)

Brian Wilkinson, Chair of the ARIC Committee, presented to Council the ARIC Committee Performance Report 2022/23.

The Chair thanked Mr Wilkinson for his presentation.

It was also noted that Mr Wilkinson has resigned from his position as Chair of ARIC after ten years’ service.

The Chair thanked Mr Wilkinson for his time and effort during his role and wished him all the very best for the future.

Brian Wilkinson, Chair of the ARIC Committee, presented to Council the ARIC Committee Performance Report 2022/23.

The Chair thanked Mr Wilkinson for his presentation.

It was also noted that Mr Wilkinson has resigned from his position as Chair of ARIC after ten years’ service.

The Chair thanked Mr Wilkinson for his time and effort during his role and wished him all the very best for the future.

Nil matters.

Nil.

RESOLVED [35/23] (Bruem/Gordon) that Council:

1.       Receive and note the Preliminary 2022/23 End of Year Financial Summary Report, acknowledging that it is a preliminary summary prior to end of year adjustments and audit.

2.       Approve the funds to be carried forward as detailed in Tables 11 - 12 of the report.

RESOLVED [35/23] (Bruem/Gordon) that Council:

1.      Receive and note the Preliminary 2022/23 End of Year Financial Summary Report, acknowledging that it is a preliminary summary prior to end of year adjustments and audit.

2.      Approve the funds to be carried forward as detailed in Tables 11 - 12 of the report.

MOVED (Ndiaye/Humphrys):

1.       That Council defers the decision until the February 2024 Council meeting with no interest to be applied to the account during that period.

2.       Staff to continue to work with the customer for the debt recovery of $2,500.

On being put to the meeting the Motion was Carried.

RESOLVED [36/23] (Ndiaye/Humphrys):

1.       That Council defers the decision until the February 2024 Council meeting with no interest to be applied to the account during that period.

2.      Staff to continue to work with the customer for the debt recovery of $2,500.

MOVED (Ndiaye/Humphrys):

1.      That Council defers the decision until the February 2024 Council meeting with no interest to be applied to the account during that period.

2.      Staff to continue to work with the customer for the debt recovery of $2,500.

On being put to the meeting the Motion was Carried.

RESOLVED [36/23] (Ndiaye/Humphrys):

1.      That Council defers the decision until the February 2024 Council meeting with no interest to be applied to the account during that period.

2.     Staff to continue to work with the customer for the debt recovery of $2,500.

Cr Gordon and Cr Rob left the meeting at 10.27am.

Cr Cadwallader arrived 10.27am.

RESOLVED[37/23] (Cadwallader/Bruem) that Council:

1.    Acknowledges that the devastating and widespread impact of the 2022 Floods has highlighted the importance of local government partnering and working cooperatively for the benefit of the community.  

2.    Note that Lismore City Council has been successful in independently securing grant funding under the Northern Rivers Recovery and Resilience Program for upgrade and improvement works to the Lismore Levee Scheme and that Lismore is seeking to engage with Rous regarding consent to undertake those works.

3.    Recognising that the historic role of Rous in urban flood mitigation has changed and having regard to the Lismore Levee Scheme asset renewal, replacement and upgrade works independently completed and planned by Lismore City Council, resolve to transfer the Lismore Levee Scheme to Lismore City Council and enable centralised control, ownership, operation and maintenance by that Council as the local government entity serving the community directly benefited by the Scheme.

4.    Invite the Lismore City Council Mayor and General Manager to meet with the Rous Chair and General Manager to negotiate and agree next steps.

5.    Confirms its commitment to work with Lismore City Council to ensure no delay to any planned upgrade and improvement works for the Lismore Levee Scheme.  

6.    Write to relevant funding bodies to request financial assistance to affect the transfer of the Lismore Levee Scheme to ensure no cost is borne by either Lismore City Council or Rous.

7.    Revoke point 1(b) of resolution [84/22] arising from Council’s meeting of 14 December 2022.

8.    Authorise the General Manager to affect all necessary actions associated with and ancillary to the implementation of this resolution of Council.

9.    Receive a further update before December 2023.

Cr Rob and Cr Gordon returned to the meeting at 10.36am.

Cr Gordon and Cr Rob left the meeting at 10.27am.

Cr Cadwallader arrived 10.27am.

RESOLVED[37/23] (Cadwallader/Bruem) that Council:

1.    Acknowledges that the devastating and widespread impact of the 2022 Floods has highlighted the importance of local government partnering and working cooperatively for the benefit of the community.  

2.    Note that Lismore City Council has been successful in independently securing grant funding under the Northern Rivers Recovery and Resilience Program for upgrade and improvement works to the Lismore Levee Scheme and that Lismore is seeking to engage with Rous regarding consent to undertake those works.

3.    Recognising that the historic role of Rous in urban flood mitigation has changed and having regard to the Lismore Levee Scheme asset renewal, replacement and upgrade works independently completed and planned by Lismore City Council, resolve to transfer the Lismore Levee Scheme to Lismore City Council and enable centralised control, ownership, operation and maintenance by that Council as the local government entity serving the community directly benefited by the Scheme.

4.    Invite the Lismore City Council Mayor and General Manager to meet with the Rous Chair and General Manager to negotiate and agree next steps.

5.    Confirms its commitment to work with Lismore City Council to ensure no delay to any planned upgrade and improvement works for the Lismore Levee Scheme.  

6.    Write to relevant funding bodies to request financial assistance to affect the transfer of the Lismore Levee Scheme to ensure no cost is borne by either Lismore City Council or Rous.

7.    Revoke point 1(b) of resolution [84/22] arising from Council’s meeting of 14 December 2022.

8.    Authorise the General Manager to affect all necessary actions associated with and ancillary to the implementation of this resolution of Council.

9.    Receive a further update before December 2023.

Cr Rob and Cr Gordon returned to the meeting at 10.36am.

RESOLVED [37/23] (Bruem/Gordon) that Council:

1.     Receive and note the report.

2.     Provide an exemption as per Section 55(3)(i) of the Local Government Act 1993 (NSW) to carry out services valued at over $250,000 without going to tender because of the bespoke nature of the work and the extremely limited supplier options.

3.     Endorse the continuing engagement of ACS Equip Pty Ltd to a maximum amount of $415,000 (incl GST), as they have a unique set of skills and equipment required to execute the completion of this task with the Lumley Park Bore.

RESOLVED [37/23] (Bruem/Gordon) that Council:

1.    Receive and note the report.

2.    Provide an exemption as per Section 55(3)(i) of the Local Government Act 1993 (NSW) to carry out services valued at over $250,000 without going to tender because of the bespoke nature of the work and the extremely limited supplier options.

3.    Endorse the continuing engagement of ACS Equip Pty Ltd to a maximum amount of $415,000 (incl GST), as they have a unique set of skills and equipment required to execute the completion of this task with the Lumley Park Bore.

RESOLVED [39/23] (Rob/Cadwallader) thatthe followinginformation reportsbe receivedand noted:

1.    Investments – July 2023

2.    Water production and consumption – July 2023

3.    Retail Water Customer Account Assistance

4.    Debt write-off information summary

5.    Overview - Local Government NSW Water Conference 26-28 June 2023

6.    Audit Risk and Improvement Committee – meeting update

7.    Operational Plan 2022-2023 Scorecard - (Y1-Q4) 01 April 2023 to 30 June 2023

8.    Tenders awarded by the General Manager under Delegation

9.    Annual Report: Rous Regional Demand Management Plan 2023-2024

10. Reports/actions pending

RESOLVED [39/23] (Rob/Cadwallader) thatthe followinginformation reportsbe receivedand noted:

1.    Investments – July 2023

2.    Water production and consumption – July 2023

3.    Retail Water Customer Account Assistance

4.    Debt write-off information summary

5.    Overview - Local Government NSW Water Conference 26-28 June 2023

6.    Audit Risk and Improvement Committee – meeting update

7.    Operational Plan 2022-2023 Scorecard - (Y1-Q4) 01 April 2023 to 30 June 2023

8.    Tenders awarded by the General Manager under Delegation

9.    Annual Report: Rous Regional Demand Management Plan 2023-2024

10. Reports/actions pending

Cr Rob and Cr Gordon left the meeting at 10.47am.

MOVED TO CLOSED COUNCIL

RESOLVED [40/23] (Humphrys/Cadwallader) 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 10.48am.

Cr Rob and Gordon returned to the meeting at 11.04am.

RESUME TO OPEN COUNCIL

RESOLVED [41/23] (Cadwallader/Ndiaye) that the meeting resume to Open Council.

The meeting moved to Open Council at 11.05am.

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

Cr Rob and Cr Gordon left the meeting at 10.47am.

MOVED TO CLOSED COUNCIL

RESOLVED [40/23] (Humphrys/Cadwallader) 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 10.48am.

Cr Rob and Gordon returned to the meeting at 11.04am.

RESUME TO OPEN COUNCIL

RESOLVED [41/23] (Cadwallader/Ndiaye) that the meeting resume to Open Council.

The meeting moved to Open Council at 11.05am.

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

RESOLVED [42/23) (Bruem/Cadwallader) that Council:

1.    Receive and note the report.

2.    Take all necessary steps outlined in the report to finalise the Perradenya Land Development. If any prior resolution is inconsistent with this resolution, that outstanding resolution is deemed to be revoked.

3.    Authorise the General Manager to take all steps outlined in the report to finalise the Perradenya Land Development. 

RESOLVED [42/23) (Bruem/Cadwallader) that Council:

1.    Receive and note the report.

2.    Take all necessary steps outlined in the report to finalise the Perradenya Land Development. If any prior resolution is inconsistent with this resolution, that outstanding resolution is deemed to be revoked.

3.    Authorise the General Manager to take all steps outlined in the report to finalise the Perradenya Land Development. 

Meeting closed at 11.08am.