agenda of ordinary council meeting - 9 july 2018...jul 09, 2018 · current council has seen the...

I hereby give notice that an Ordinary Meeting of Council will be held on:

Date: Monday, 9 July 2018 Time: 5pm Location: Kyogle Council Chambers, Stratheden

Street, Kyogle

AGENDA

Ordinary Council Meeting

9 July 2018

Graham Kennett General Manager

ORDINARY COUNCIL MEETING AGENDA 9 JULY 2018

Dear Councillor,

In accordance with the provisions of the Local Government (General) Regulation 2005, you are hereby notified of the following Ordinary Council Meeting to be held at the Kyogle Council Chambers, on Monday 9 July 2018, at 5pm. DECLARATION OF PECUNIARY INTEREST Councillors and Senior Staff are reminded to consider whether a Pecuniary Interest exists in any matter on the Agenda for this Meeting or raised during the course of the Meeting. The term "Pecuniary Interest' should be extended to include possible "conflicts of interest” and immediately declared prior to discussion of the Agenda item. Where a direct or indirect pecuniary interest exists, the member must refrain from commenting on or voting on the subject matter and must leave the Chamber. BUSINESS Item 1 Apologies Item 2 Opening Prayer Item 3 Traditional Lands Acknowledgement Item 4 Declaration of Interests Item 5 Question Time Item 6 Public Access Item 7 Confirmation of Minutes Item 8 Mayoral Minute Item 9 Notices of Motion Item 10 Questions with Notice from Councillors Item 11 Reports from Delegates Item 12 Information Reports Item 13 Assets and Infrastructure Services Reports Item 14 Environmental and Planning Services Reports Item 15 General Manager’s Reports Item 16 Urgent Business Without Notice Item 17 Questions for Next Ordinary Meeting Item 18 Confidential Business Paper GRAHAM KENNETT GENERAL MANAGER


COUNCIL PRAYER

"Almighty God, Ruler of all the Nations, we ask for your blessing upon this Meeting of Council. Give us your wisdom to work in harmony and direct and prosper all that we do to the advancement of your glory and the true welfare of the People of the Council Area. AMEN

_ _ _ _ _ _ _ _ _ _ Adopted by Council on October 21, 1991. Resolution 91 /G 1159 Note: Council Policy is for the Mayor or Chairperson to lead the Council Meeting in the Prayer at the start of the first Meeting of the day. Council acknowledges that this meeting is being held on the Traditional Lands of the Bundjalung people and we acknowledge elders, both past and present. Adopted by Council on 11 December 2006. Resolution 111206/21

_ _ _ _ _ _ _ _ _ _ DISCLAIMER The advice or information contained within the Minutes enclosed with this Business Paper is given by the Council without liability or responsibility for its accuracy. Reliance cannot be placed on this advice or information until the Minutes have been duly accepted as an accurate record and confirmed by Resolution of Council. GRAHAM KENNETT GENERAL MANAGER


5.7 Question Time (Council Policy) A public Question Time session is scheduled following the Declaration of Interests as part of the Ordinary Meeting. This session allows residents to ask questions of Councillors or Management on any issue without prior notice. Each speaker has a maximum allowable time of 5 minutes. If a response to a question is not able to be provided during question time, the speaker should be requested to put their question in writing and a written response will be provided in due course and tabled at the next available Council meeting. The Chair has the right to refuse any question, to refuse to take any further questions from an individual or to cut short the session. Speakers are not to debate answers. Speakers are not to make any insulting or defamatory statements, and to take care when discussing other people’s personal information (without their consent). The maximum duration of this session is 30 minutes.

5.8 Public Access (Council Policy)

That Public Access be scheduled for all Ordinary Meetings of Council. A maximum of 30 minutes is allowed for the Public Access segment. Individual residents concerned about a particular issue may make application for public access and are required to register with the General Manager by phone or in writing by the close of business on the working day preceding the meeting day; and include the subject matter of the matter proposed for discussion. The General Manager, in consultation with the Mayor will consider each application for public access on its merit. Residents will not be granted more than one public access request each calendar year (except where the subsequent request(s) directly relate to an item on the agenda for the meeting at which public access is requested). No more than two speakers for a subject will be permitted at any meeting. If granted Public Access by the General Manager, the individual resident will be allowed five (5) minutes to address Council with an extension of five (5) minutes for Councillors to direct questions to the speaker. Applicants who submit an application outside the above times will generally be refused, however, where unusual circumstances exist, the Mayor may at his/her discretion, advise the Council that a public access application has been received and Council has the option to grant public access.


Order Of Business

1 Apologies ............................................................................................................................. 9

2 Opening Prayer .................................................................................................................... 9

3 Traditional Lands Acknowledgement ................................................................................. 9

4 Declaration of Interests ....................................................................................................... 9

5 Question Time ...................................................................................................................... 9

6 Public Access ...................................................................................................................... 9

7 Confirmation of Minutes .................................................................................................... 10

7.1 Council Report - 12 June 2018 ............................................................................... 10

8 Mayoral Minute ................................................................................................................... 11

Nil

9 Notices of Motion ............................................................................................................... 12

9.1 Notice of Motion: Cr Maggie May - Weekly Rental of Grove House ........................ 12

10 Questions with Notice from Councillors .......................................................................... 16

10.1 Questions From The Last Council Meeting ............................................................. 16

10.2 Cr Maggie May - Border Ranges Rally .................................................................. 17

11 Reports from Delegates..................................................................................................... 22

11.1 Delegate's Report; Cr Lindsay Passfield - National General Assembly of Local Government and National Timber Councils' Association Delegation to Federal Parliament .............................................................................................................. 22

12 Information Reports ........................................................................................................... 38

12.1 Monthly FInanace Report - June 2018 ................................................................... 38

12.2 Works Program Progress Report - June 2018 ........................................................ 44

13 Assets and Infrastructure Reports ................................................................................... 45

Nil

14 Planning and Environment Reports ................................................................................. 46

14.1 Village Masterplans - Adoption ............................................................................... 46

15 General Manager’s Reports .............................................................................................. 48

15.1 Local Government Remuneration Tribunal Councillor Fees.................................... 48

15.2 Local Government Nsw Annual Conference 2018 .................................................. 49

15.3 Kyogle Council ATS Peter Hall on Behalf of Hellen Margaret Hall .......................... 51

15.4 Northern Rivers Joint Organisation ......................................................................... 53

16 Urgent Business Without Notice ...................................................................................... 56

17 Questions for Next Ordinary Meeting ............................................................................... 56

18 Confidential Business Paper ............................................................................................ 57

18.1 Tender Evaluation Report – 2017/18-014 Manufacture and Delivery of Prestressed Concrete Beams For Lynches Creek Bridges ..................................... 57

18.2 General Manager's Performance Review Committee ............................................. 57


1 APOLOGIES

2 OPENING PRAYER

3 TRADITIONAL LANDS ACKNOWLEDGEMENT

4 DECLARATION OF INTERESTS

5 QUESTION TIME

6 PUBLIC ACCESS


Item 7.1

7 CONFIRMATION OF MINUTES

7.1 COUNCIL REPORT - 12 JUNE 2018

Author: Executive Assistant Authoriser: General Manager Attachments: 1. Minutes of the 12 June 2018 Ordinary Council Meeting (under

separate cover) SUMMARY / PURPOSE This report presents the minutes of the Ordinary Council meeting held on 12 June 2018 to Council for confirmation.

RECOMMENDATION That Council confirm the minutes of the Council meeting of 12 June 2018.


8 MAYORAL MINUTE

Nil


Item 9.1

9 NOTICES OF MOTION

9.1 NOTICE OF MOTION: CR MAGGIE MAY - WEEKLY RENTAL OF GROVE HOUSE

Attachments: 1. Cr Maggie May - Notice of Motion

COUNCILLOR COMMENTS: Grove House is currently occupied by Kyogle Family Support Services with a rental amount that covers the costs to Council as estimated in 2016. As that time Grove House was to be sold as part of the Long Term Financial Plan. This has now changed and Council intends to keep Grove House in the long term. Council needs to recoup an amount that is reasonable and allows for the maintenance and upkeep of the building for the long term.

The current rental arrangements allow KFSS to sublet the building to other occupiers, including the DHS service centre and other services and providers, which significantly defrays their rental costs.

The business model of KFSS has changed significantly as they are now the sole NDIS provider in Kyogle and are a client fee for service based organisation. Other services provided to the community are funded via grants for specific purposes and clients have to fit the criteria for service provision.

Twelve months' notice should be sufficient for KFSS to adjust to the new rental amount over the longer term.

Staff comments: At its meeting of 14 June 2016 Council resolved;

That Council:

1. Receives and notes the report on the Occupation Agreement for Grove House

2. Offers an extension of the Occupation Agreement for Grove House to Kyogle Family Support Services for the period 1 May 2016 to 1 May 2018, at a weekly rental of $175/week inclusive GST.

3. Defer the sale of Grove House to the 2018/2019 year in the Long Term Financial Plan

Note that in relation to point three, the subsequent revisions of the Long Term Financial Plan (LTFP) as part of the annual process around the Operational Plan and Delivery Program by the current Council has seen the sale of the building removed from the LTFP altogether, superseding the previous resolution on the matter. The occupation agreement was extended in May 2018 for a three year period with rent at $180/week incl GST and annual indexation with CPI based on Sydney all Groups. The occupation agreement requires at least three months' notice for cancellation by either party. The occupation agreement is a non-exclusive licence, with Council retaining the use of one office and the meeting room as required.

The current annual rental income is $9,360 including GST. The operational costs associated with Grove house are summarised below:

Cost 2017/2018 Rates/Charges 4,083 Insurance 1,406 Building Maintenance 2,339 TOTAL 7,828

This building is currently valued in Council's asset register at a replacement cost of $573,000. The annual depreciation is $12,563 per year. The building is currently considered to be in good condition and does not form part of Council's “backlog”.


Item 9.1

When Council previously considered the rent to be charged to KFSS, it was recognised that KFSS provides a wide range of valuable services to the most vulnerable members of the community. The diverse range of services that are provided has expanded over the period that the service has operated out of Grove House so that the building is recognised as a hub for community services.

Kyogle Family Support Service is an incorporated body (ABN 44 288 226 173) registered with the Australian Charities and Not-for-profits Commission and is a Public Benevolent Institution. This requires that any additional income or other revenue that the organisation acquires must be used only for charitable purposes and community services. The following is taken from the KFSS web site and outlines the services delivered through KFSS;

Kyogle Family Support Services Inc. is a culturally aware organisation which assists individuals and families to develop self-sustaining attitudes and skills thus promoting healthy development through empowerment and support while adhering to the principles of social justice.

• Psychology • Referrals & Information • Educational Support Services • Advocacy • Parenting Skill Based Programs • Parenting Support Groups • Early Intervention & Prevention Programs • Work Development Orders • Mentors 4 Kids M4K • Emergency Relief • Energy Accounts Payments Assistance Scheme (EAPA) • Aboriginal Support • Microfinance through No Interest Loans NILS • Housing • HART Services • Access to Ability Links • Domestic Violence Support • Legal Aid • Access to Human Services (Centrelink) • Community Garden • Outreach Services • Home Visits • Nappy Change Facilities • Child Friendly Areas • Men’s Shed • Conference & Training Room Hire (optional catering available) • Casual office space available to rent

The independently audited KFSS Financial Report for the year ending 30 June 2017 shows an overall operating surplus of just $13,569 and net assets of $127,608. This report shows an overall rental income of $18,513 and expenses on rent, rates, cleaning and utilities (excluding electricity and telephone) totalling $17,094 giving a difference of $1,419 per year.

The National Disability Insurance Agency (NDIA) is an independent statutory agency, whose role is to implement the National Disability Insurance Scheme (NDIS), which will support a better life for


Item 9.1

hundreds of thousands of Australians with a significant and permanent disability and their families and carers. In the Northern NSW region the NDIA is represented through a Local Area Coordinator (LAC) named Social Futures. For most people, the LAC will be there main point of contact for the NDIS.

There have been a number of recent articles in the main stream and on-line media focusing on naming and shaming organisations that appear to have put in place “price gouging” tactics aimed at accessing additional revenue either directly or indirectly through the NDIS. Extreme care should be taken by Council in considering the risk to the organisation of passing a resolution such as that outlined in the Notice of Motion, particularly without any form of community engagement or consultation with KFSS.

MOTION I, Councillor Maggie May, give notice that at the next Ordinary Meeting of Council be held on 9 July 2018, I intend to move the following motion:-

That Council notify Family Support Services that it intends to increase the weekly rental of Grove House site from $180 incl GST to $360 incl GST from 1 July 2019 and thereafter with annual indexation by CPI all groups Sydney.


Item 9.1- Attachment 1


Item 10.1

10 QUESTIONS WITH NOTICE FROM COUNCILLORS

10.1 QUESTIONS FROM THE LAST COUNCIL MEETING

Author: General Manager Authoriser: General Manager Attachments: 1. Road Safety Audit Imbreys Road Summerland Way (under separate

cover) 2. Road Safety Audit Green Pigeon Road and Walters Road (under

separate cover) The following question on notice was received from Councillor Lindsay Passfield.

Question - Cr Lindsay Passfield In relation to a safety audit of Imbreys Road, could Council be made aware of the results of the safety audit and the proposed works?

Response Council engaged Ardill Payne & Partners to carry out a road safety audit at Summerland Way / Imbreys Road intersection at Sherwood and another at Green Pigeon Road / Walters Road intersection at Horseshoe Creek. Both road safety audit reports appear in the attachments to the business paper.

Council staff are currently developing the designs to accommodate the recommendations of the Safety Audits for both sites. The final designs will then be used to prepare what is known as a “proactive” application under the Australian Governments Black Spot Program and the NSW Safer Roads Program. These applications are due at the end of July 2018 for projects that will subsequently be approved for the 2019/20 financial year.

RECOMMENDATION That Council receives and notes the report, Questions From The Last Council Meeting,


Item 10.2

10.2 CR MAGGIE MAY - BORDER RANGES RALLY

Author: General Manager Authoriser: General Manager Attachments: 1. Question With Notice - Cr Maggie May

2. EDO Letter to Kyogle Council 21 June 2018 SUMMARY / PURPOSE This report presents questions posed by Councillors with notice to Council under Section 5.12 of Council's Code of Meeting Practice which states:

5.12 Questions With Notice from Councillors (Council Policy) 1. Questions with notice from Councillors shall be submitted in writing to the General Manager duly signed by the member of the Council by 12:00 noon on the Monday of the week prior to the meeting at which the matter is to be taken into consideration.

2. All Questions with Notice shall be dated and numbered as received and shall be entered by the General Manager, subject to Local Government (General) Regulation 2005, Clause 240(2), upon the agenda paper in the order in which they are received and except by the permission of the Council, all such questions with notice shall be taken and considered in the order in which they appear on the agenda paper.

Written responses will be tabled at the meeting.

The following questions were submitted in writing by Cr Maggie May on Monday 2 July 2018.

To the General Manager

1. Regarding the letter from the EDO dated 21 June 2018 (attached); Would you please provide the advice you have obtained in response to the EDO advice that the GCTMVC Border Ranges Rally requires development consent? (Cl 6 and 14)

2. Would you please provide the advice received by Council that determined that consent is only required under the Roads Act for this rally and previous rally's (sic) held in the Kyogle LGA to this point?

3. Would you please provide any advice you obtained that refutes the requirement to obtain development consent under the EPAA Act for the Border Ranges Rally?

4. In your response dated 20 June to the EPA's initial letter you said that Council only endorsed the Border Ranges Rally proposal at the May 14 rally (sic) and that final approvals would be undertaken on delegation by Council Staff. Has that formal approval now been given? If so would you please provide a copy of that approval with all required documentation provided by the Club to Councillors for their information?

REPORT In accordance with Section 5.12 of Council's Code of Meeting Practice, a response to the Questions With Notice will be tabled at the meeting.

RECOMMENDATION That Council receives and notes the response to the Questions With Notice from Councillor Maggie May tabled at the meeting.


Item 11.1

11 REPORTS FROM DELEGATES

11.1 DELEGATE'S REPORT; CR LINDSAY PASSFIELD - NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT AND NATIONAL TIMBER COUNCILS' ASSOCIATION DELEGATION TO FEDERAL PARLIAMENT

Author: Councillor Authoriser: General Manager Attachments: 1. NTCA Canberra Delegation

2. NTCA Primary Issues Paper 3. NTCA 18 June 2018 Agenda 4. NTCA Minutes 19 June 2017 Meeting 5. NTCA Strategic Directions 2018 - 2020

SUMMARY / PURPOSE The following Delegate's Report by Cr Lindsay Passfield provides information for Councillors on the 2018 National General Assembly of Local Government (NGA 18) held in Canberra in June and the National Timber Councils' Association (NTCA) delegation to Federal Parliament.

REPORT During the period 17-20 June 2018, Cr Passfield travelled to Canberra to attend the NGA18, and participate in a NTCA delegation lobbying Federal politicians and senior staff, as listed in Attachment 1. The delegation consisted of NTCA executive members: Cr Malcolm Hole (Vic); Cr Greg Howard (TAS); Cr Lindsay Passfield (NSW) and NTCA Coordinator Ms Sandy Kam. National General Assembly 2018 Attendance at the National General Assembly of Local Government was limited by NTCA lobbying commitments at Parliament House. Some issues of relevance to Kyogle Council were:

• Cyber security - protection from hacking and ransom ware; • NBN rollout and proposed upgrades • 5G mobile phone project

The unrateable land issue was also addressed in the form of a motion for the ALGA to support councils lobbying for a change in policy. National Timber Councils' Association Delegation The main topics raised by the delegation are detailed in the briefing paper at Attachment 2. These were:

• Infrastructure • Resource security • Training and education • Research and Development

Australia currently imports $3.7 billion more timber than it exports. The timber industry contributes to mitigation of global warming resulting from climate change. Timber is the only building product which actually grows; and it sequesters carbon and stores it for the life of the structures built from it. Production and value adding of timber is widely distributed across the regions, particularly coastal areas. Hence, a healthy and productive timber industry is good for the environment, good for regions and good for the national economy.


Item 11.1

Infrastructure Much of the road and bridge infrastructure in coastal areas of Australia was initially constructed to facilitate the timber industry. Large tracts of previously harvested timber producing forest have been converted to National Parks or subject to other forms of conservation arrangements; but the infrastructure remains and it falls to Local Government to maintain and renew this to preserve access and safety. Federal funding from the Roads to Recovery program and more recently the Bridge Renewal Program has been of tremendous assistance in meeting councils' infrastructure responsibilities. This was emphasised by the delegation throughout the visit. Federal funding is now being sought for a CSIRO study of timber impacted roads in NTCA member councils to support the case for continuing and perhaps increased Federal funding. Resource Security The timber industry needs long term security for log supply to justify investment. Regional Forest Agreements between the States and the industry are a contentious issue, particularly in Victoria where a two year extension was recently announced. New South Wales, Tasmania and South Australia have much longer term agreements. Another issue is removal of previously agreed harvest areas for conservation reasons without complimentary offsets. Under managed investment schemes promoted by the Howard Government, a huge area of plantation was established. There was however, no prudent oversight and many trees were planted in the wrong place, at the wrong time, and of the wrong species. This lead to wholesale failure of the scheme and left a toxic legacy in the minds of investors. Much of the managed investment scheme plantation estate has now been cleared or harvested and the land returned to other forms of agriculture. Australia needs an additional 400,000 hectares of well managed plantation to be self-sufficient in timber. To achieve this, government policy will need to facilitate phased payments for this long rotation crop in the form of carbon credits or tax incentives. Promotion and Investment Thirteen Councils across six Australian states and the Tasmanian State Government have now adopted a Timber First Policy. This does not mandate building from a timber product, but requires consideration of timber for construction. The 'Forte' building in Docklands, Melbourne is a fine example of a multi-storey timber building. Lend Lease is currently building a nine floor structure in King Street, Brisbane and a 21 storey building is now complete in British Columbia. Wellington in New Zealand is being rebuilt after a major earthquake using timber which provides optimum flexibility and durability. Training and Education Vocational training is very important to enhance safety and efficiency in the timber industry. Along with mining, construction, and fishing, the timber industry is recognised as a fairly dangerous industry in which to work. Recent changes to the way timber industry trainers are accredited have led to many highly competent and experienced teachers, particularly in the 50 to 60 years age bracket, contemplating leaving the industry. They are not prepared to undertake 160 hours of Course Design training which they will not use anyway. This change has contributed to a fatality in Queensland where an operator, trained by an inexperienced but qualified trainer, was killed whilst falling a tree. General Meeting The NTCA also held a strategic directions workshop and general meeting at the Crown Plaza on 18 June 2018. The agenda, minutes of the previous meeting and Strategic Directions Statement are at Attachments 3, 4 and 5.


Item 11.1

Conclusion The areas covered in the body of this report were discussed with each of the contacts at Parliament House. Predictably, the delegation received a good hearing, some encouraging feedback but no commitments at this stage. This was however a valuable opportunity to engage with our policy makers at the highest level.

RECOMMENDATION That Council receives and notes the report, Delegates Report: Cr Lindsay Passfield - National General Assembly of Local Government and National Timber Councils' Association Delegation to Federal Parliament.

agenda of ordinary council meeting - 9 july 2018...jul 09, 2018 · current council has seen the...

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