Agenda, decisions and minutes

Council Meeting - Wednesday, 19th June, 2024 10.00 am

Venue: Administration Office, 218-232 Molesworth Street, Lismore. View directions

Contact: Robyn Waldron 

Media

Items
No. Item

1.

Opening of Meeting

2.

Acknowledgement of Country

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.

Minutes:

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

3.

Apologies and applications for leave of absence or attendance by Audio-Virtual link

Minutes:

RESOLVED [21/24] (Cadwallader/Lyon) that Council accept Cr Sandra Humphrys apology for being unable to attend the Councill meeting.

Recorded Vote
TitleTypeRecorded Vote textResult
Apologies and applications for leave of absense or attendance by audio-virtual link Resolution

Cr Sarah Ndiaye – running late

Carried
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  • 4.

    Confirmation of Minutes of previous meeting pdf icon PDF 131 KB

    Ordinary Council meeting held 17 April 2024

    Decision:

    RESOLVED [22/24] (Gordon/Lyon) that the Minutes of the meeting held 17 April 2024 be approved as presented.

    Minutes:

    RESOLVED [22/24] (Gordon/Lyon) that the Minutes of the meeting held 17 April 2024 be approved as presented.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Confirmation of Minutes of previous meeting Resolution Carried
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  • 5.

    Confirmation of Minutes of Extraordinary Council meeting pdf icon PDF 99 KB

    Extraordinary Council meeting held 15 May 2024

    Decision:

    RESOLVED [23/24] (Cadwallader/Gordon) that the Minutes of the extraordinary meeting held 15 May 2024 be approved as presented.

    Minutes:

    RESOLVED [23/24] (Cadwallader/Gordon) that the Minutes of the extraordinary meeting held 15 May 2024 be approved as presented.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Confirmation of Minutes of Extraordinary Council meeting Resolution Carried
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  • 6.

    Disclosure of Interest

    Minutes:

    ·       Councillor Big Rob declared a pecuniary interest in Agenda item 13.1 Workplace consolidation - status update report June 2024 and will vacate the Council meeting for discussion and voting on that item.

     

    ·       General Manager declared a pecuniary interest in Agenda Item 13.2 Chair’s Minute: Annual Performance Review – General Manager and will vacate the Council meeting for discussion and voting on that item.

    7.

    Matters of urgency

    Nil.

    Minutes:

    Nil.

    8.

    Notices of Motion / Questions with notice

    Nil.

    Minutes:

    Nil.

    9.

    Group Manager Organisational Services

    9.1

    Final draft Operational plan (incorporating the 2024/25 Budget and 'Revenue' policy) pdf icon PDF 96 KB

    Additional documents:

    Decision:

    RESOLVED [24/24] (Lyon/Cadwallader) that Council:

    1.     Note no submissions were lodged by members of the public during the exhibition period.

    2.     Receive and note staff submissions as outlined in this report.

    3.     Adopt the final draft Operational Plan (incorporating the 2024/25 Budget and ‘Revenue’ policy) as attached to this report.

     

    Minutes:

    RESOLVED [24/24] (Lyon/Cadwallader) that Council:

    1.     Note no submissions were lodged by members of the public during the exhibition period.

    2.     Receive and note staff submissions as outlined in this report.

    3.     Adopt the final draft Operational Plan (incorporating the 2024/25 Budget and ‘Revenue’ policy) as attached to this report.

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Final draft Operational plan (incorporating the 2024/25 Budget and 'Revenue' policy) Resolution Carried
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  • 9.2

    2024 Local Government NSW Annual Conference motion pdf icon PDF 78 KB

    Decision:

    RESOLVED [25/24] (Rob/Cadwallader) that Council support the submission of the proposed motion outlined in this report to the Local Government NSW Annual Conference being held on 17-19 November 2024.

    Minutes:

    RESOLVED [25/24] (Rob/Cadwallader) that Council support the submission of the proposed motion outlined in this report to the Local Government NSW Annual Conference being held on 17-19 November 2024.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    2024 Local Government NSW Annual Conference motion Resolution Carried
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  • 9.3

    Retail water bad debt write-off pdf icon PDF 83 KB

    Decision:

    RESOLVED [26/24] (Cadwallader/Bruem) that Council approve the write-off of $7,922.94 in water charges from Oats’ account (10625-10000-2).

    Minutes:

    RESOLVED [26/24] (Cadwallader/Bruem) that Council approve the write-off of $7,922.94 in water charges from Oats’ account (10625-10000-2).

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Retail water bad debt write-off Resolution Carried
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  • 10.

    Group Manager Planning and Delivery reports

    10.1

    Woodburn Flood recovery and Water Quality Improvement Program - Tender Award pdf icon PDF 101 KB

    Additional documents:

    Minutes:

    RESOLVED [27/24] (Cadwallader/Bruem) that Council:

    1.     Accept the tender submission made by Ledonne Constructions Pty Ltd of $1,580,623.30 incl. GST (lump sum contract price) for the Woodburn Bores Replacement Infrastructure Design and Construct contract (Contract); and

    2.     Authorise the General Manager to sign the Contract on behalf of Council.

     

    Councillor Sarah Ndiaye joined the meeting 10:25am

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Woodburn Flood recovery and Water Quality Improvement Program - Tender Resolution Carried
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  • 10.2

    Northern Rivers Watershed Initiative pdf icon PDF 88 KB

    Decision:

    RESOLVED [28/24] (Cadwallader/Gordon) that Council receive and note the proposed arrangements for Stage 1 implementation of the Northern Rivers Watershed Initiative.

    Minutes:

    RESOLVED [28/24] (Cadwallader/Gordon) that Council receive and note the proposed arrangements for Stage 1 implementation of the Northern Rivers Watershed Initiative.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Northern Rivers Watershed Initiative (Resolution) Resolution Carried
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  • 10.3

    Mullumbimby connection to the Rous bulk supply pdf icon PDF 151 KB

    Additional documents:

    Decision:

    RESOLVED [29/24] (Lyon/Bruem) that Council resolves:

    1.     Byron Shire Council will not be required to make capital connection contributions, should they request to permanently connect the Mullumbimby local water supply area to the Rous County Council bulk water supply.

    2.     Any requests to permanently connect to the Rous bulk water network will be reviewed on a case-by-case basis utilising the methodology within this report.

    Minutes:

    RESOLVED [29/24] (Lyon/Bruem) that Council resolves:

    1.     Byron Shire Council will not be required to make capital connection contributions, should they request to permanently connect the Mullumbimby local water supply area to the Rous County Council bulk water supply.

    2.     Any requests to permanently connect to the Rous bulk water network will be reviewed on a case-by-case basis utilising the methodology within this report.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Mullumbimby connection to the Rous bulk supply Resolution Carried
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  • 10.4

    Marom Creek Water Treatment Plant - update

    Minutes:

    Item retracted and will be placed in a future meeting.

    11.

    Policies

    11.1

    Policy review - Pensioner Concession policy, Retail Water Customer Account Assistance policy pdf icon PDF 85 KB

    Additional documents:

    Decision:

    RESOLVED [30/24] (Cadwallader/Ndiaye) that Council: -

    1.     Revoke the Pensioner Concession policy dated 19 November 2014 and any policy revived as a result of the revocation.

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

    (a) Should no public submissions be received:

    (i)  The Retail Water Customer Account Assistance policy dated 17 August 2022 is revoked and any policies revived as a result of the revocation effective 19 June2024; and

    (ii)  The revised Retail Water Customer Account Assistance policy is adopted effective 19 June 2024.

    (b) Should any public submission be received, those submissions, and the proposal in relation to the revocation and adoption of the Retail Water Customer Account Assistance policy, be considered by Council at its next meeting.

    Minutes:

    RESOLVED [30/24] (Cadwallader/Ndiaye) that Council: -

    1.     Revoke the Pensioner Concession policy dated 19 November 2014 and any policy revived as a result of the revocation.

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

    (a) Should no public submissions be received:

    (i)  The Retail Water Customer Account Assistance policy dated 17 August 2022 is revoked and any policies revived as a result of the revocation effective 19 June2024; and

    (ii)  The revised Retail Water Customer Account Assistance policy is adopted effective 19 June 2024.

    (b) Should any public submission be received, those submissions, and the proposal in relation to the revocation and adoption of the Retail Water Customer Account Assistance policy, be considered by Council at its next meeting.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Policy review - Pensioner Concession policy, Retail Water Customer Account Assistance policy Resolution Carried
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  • 12.

    Information reports (cover report) pdf icon PDF 87 KB

    Additional documents:

    Minutes:

    RESOLVED [31/24] (Rob/Bruem) that the following information reports be received and noted:

    1.               Water production and consumption – May 2024

    2.               Investments

    3.               Audit, Risk and Implementation Committee meeting – 30 April 2024

    4.               Councillor Ndiaye’s Delegate Report – Myall Creek Massacre Commemoration Trip with Rous County Council

    5.               Councillor Ndiaye’s Delegate Report – Rainforest Connections 2024 Conference

    6.               Reports/Actions pending.

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Information reports (cover report) Resolution Carried
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  • 13.

    Confidential matters pdf icon PDF 67 KB

    Minutes:

    MOVED TO CLOSED COUNCIL

     

    RESOLVED [32/24] (Cadwallader/Bruem) that Council move into Closed Council with the press and public excluded from the meeting based on the grounds detailed below:

     

    Report

    13.1  Workplace consolidation – property disposal

    Grounds for closure

    1.   Section 10A(2)(d) commercial information of a confidential nature that would, if disclosed:

               i).   prejudice the commercial position of the person who   supplied it, or

              ii).  confer a commercial advantage on a competitor of the Council, or

            iii).   reveal a trade secret,  and

    2.  (g) matters affecting the security of the council, councillors, council staff or council property,

     

    Report

    13.2  Annual Performance Review – General Manager

    Grounds for closure

    1.      Section 10A(2) personal matters concerning particular individuals (other than councillors).

     

    CARRIED

    The meeting moved to Closed Council at 11:10am

     

    Councillor Big Rob left the meeting 11:10am.

     

     

    13.1

    Workplace consolidation - status update June 2024

    Decision:

    RESOLVED [33/24] (Gordon/Cadwallader) that Council:

    1.    Approve the sale methodology outlined in this report for the following properties:

    (a)  131 Kyogle Street, South Lismore,

    (b)  320 Wyrallah Road, Monaltrie, and

    (c)  20 Conway Street, Lismore.

     

    2.   In relation to the sale of the above properties, for a period of 24 months from the date of thisresolution:

    (a)  Authorise the General Manager to do and sign all things necessary to appoint a sellingagent/s.

    (b)  Approve an annual advertising budget of $15,000.

    (c)  Authorise the Chair and General Manager to sign the necessary documentation underseal to affect the sale/s in accordance with (1) above.

     

    3.        Endorse the exit strategy for 218-232 Molesworth Street and approve the make good budgetidentified in this report including the disposal of surplus furniture, fittings or chattels by themethods identified in this report.

     

    Minutes:

    RESOLVED [33/24] (Gordon/Cadwallader) that Council:

    1.    Approve the sale methodology outlined in this report for the following properties:

    (a)  131 Kyogle Street, South Lismore,

    (b)  320 Wyrallah Road, Monaltrie, and

    (c)  20 Conway Street, Lismore.

     

    2.   In relation to the sale of the above properties, for a period of 24 months from the date of thisresolution:

    (a)  Authorise the General Manager to do and sign all things necessary to appoint a sellingagent/s.

    (b)  Approve an annual advertising budget of $15,000.

    (c)  Authorise the Chair and General Manager to sign the necessary documentation underseal to affect the sale/s in accordance with (1) above.

     

    3.        Endorse the exit strategy for 218-232 Molesworth Street and approve the make good budgetidentified in this report including the disposal of surplus furniture, fittings or chattels by themethods identified in this report.

     

     

    Councillor Big Rob rejoined the meeting at 11:28am

    General Manager and staff left the meeting at 11.30am

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Workplace consolidation - status update June 2024 Resolution Carried
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  • 13.2

    Chair's minute - Annual Performance Review - General Manager

    Decision:

    RESOLVED [34/24] (Mustow/Cadwallader) that Council:

    1.      Accept the recommendation of the Chair and Councillors that assessed the General Manager’s annual review on 15 May 2024 as ‘More than Satisfactory’.

    2.      Agree to the recommended change to the General Manager’s total remuneration package (TRP) as specified in the report.

    Minutes:

    RESOLVED [34/24] (Mustow/Cadwallader) that Council:

    1.     Accept the recommendation of the Chair and Councillors that assessed the General Manager’s annual review on 15 May 2024 as ‘More than Satisfactory’.

    2.     Agree to the recommended change to the General Manager’s total remuneration package (TRP) as specified in the report.

     

    RESUME TO OPEN COUNCIL

     

    RESOLVED [35/24] (Bruem/Ndiaye) that the meeting resume to Open Council.

    CARRIED

    The meeting moved to Open Council at 11:32am

     

    General Manager and Group Manager Organisational Services rejoined the meeting at 11:32am

     

     

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

     

    RESOLVED [33/24] (Gordon/Cadwallader) that Council:

    1.    Approve the sale methodology outlined in this report for the following properties:

    (a)  131 Kyogle Street, South Lismore,

    (b)  320 Wyrallah Road, Monaltrie, and

    (c)  20 Conway Street, Lismore.

     

    2.   In relation to the sale of the above properties, for a period of 24 months from the date of this resolution:

    (a)  Authorise the General Manager to do and sign all things necessary to appoint a selling agent/s.

    (b)  Approve an annual advertising budget of $15,000.

    (c)  Authorise the Chair and General Manager to sign the necessary documentation underseal to affect the sale/s in accordance with (1) above.

    3.    Endorse the exit strategy for 218-232 Molesworth Street and approve the make good budget identified in this report including the disposal of surplus furniture, fittings or chattels by the methods identified in this report.

     

    The Chair read the resolution.

     

    RESOLVED [34/24](Mustow/Cadwallader) that Council:

    3.     Accept the recommendation of the Chair and Councillors that assessed the General Manager’s annual review on 15 May 2024 as ‘More than Satisfactory’.

    4.     Agree to the recommended change to the General Manager’s total remuneration package (TRP) as specified in the report.

     

    Recorded Vote
    TitleTypeRecorded Vote textResult
    Chair's minute - Annual Performance Review - General Manager Resolution Carried
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  • 14.

    Close of business