minutesarchive.lithgow.nsw.gov.au/minutes/16/161212-minutes.pdfthat council resume standing orders...
TRANSCRIPT
A CENTRE OF REGIONAL EXCELLENCE
MINUTES
ORDINARY MEETING OF COUNCIL
HELD ON
12 DECEMBER 2016
AT 7.00pm
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
Page 2
MINUTES OF THE CITY OF LITHGOW COUNCIL MEETING
HELD AT THE CIVIC CENTRE, LITHGOW ON 12 DECEMBER 2016 Meeting Commenced 7.00pm ACKNOWLEDGEMENT OF COUNTRY Public: 36 PRESENT His Worship the Mayor Councillor S Lesslie Councillor M F Ticehurst Councillor C Coleman Councillor G Cox Councillor W McAndrew Councillor S Ring Councillor J Smith Councillor M Statham Councillor R Thompson APOLOGIES Nil Also in attendance Mr Andrew Muir, Acting General Manager Mrs Trinity Newton, Minutes Secretary Mr Jim Nichols, Acting Group Manager Environment and Development Mrs Ally Shelton, Acting Group Manager Corporate and Community Mr Iain Stewart, Group Manager Operations CONFIRMATION OF MINUTES 16 – 243 RESOLVED Confirmation of the Minutes of the Ordinary Meeting of Council held on the 21 November 2016 were taken as read and confirmed by Councillors R Thompson and J Smith CARRIED DECLARATION OF INTEREST His Worship the Mayor called for Declarations of Interest on any matter before the Meeting. NIL
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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QUESTIONS FROM THE PUBLIC At 7:01pm Members of public gallery were invited to participate in the Public Forum Session. PF – 12/12/16 – MS GLENDA ANTHES Ms Anthes made a statement in relation to Halloween 16’ and Lithglo. The Mayor thanked Ms Anthes for her comments. PF – 12/12/16 – MR LAING Mr Laing wished to make a statement however it was not on the Agenda and Mr Laing was not registered to speak in Public Forum. The Mayor thanked Mr Laing. PF – 12/12/16 – MR DEAN MOODIE Mr Moodie made a statement in relation to Item 8 on the Agenda. The Mayor thanked Mr Moodie for his statements.
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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TABLE OF CONTENTS ITEM TITLE PAGE
ITEM-20 NOTICE OF MOTION - 12/12/16 - LITHGOW CITY COUNCIL CODE OF MEETING PRACTICE - ‘IN MEMORIAM’
6
ITEM-21 NOTICE OF MOTION - 12/12/16 - FOOTPATH DISABILITY ACCESS ACROSS THE LOCAL GOVERNMENT AREA
7
ITEM-22 NOTICE OF MOTION - 12/12/16- LITHGOW HIGH SCHOOL WORK EXPERIENCE PROGRAM 2017
8
ITEM-23 NOTICE OF MOTION 12/12/16 BARTON AVENUE CROSSING 8
GENERAL MANAGERS REPORTS 9
ITEM-1 GM - 12/12/16 - NOTICE OF INTENTION TO ISSUE PERFORMANCE IMPROVEMENT ORDER TO LITHGOW CITY COUNCIL - FIT FOR THE FUTURE
9
ITEM-2 GM - 12/12/16 - CORRESPONDENCE FROM MINISTER OF LOCAL GOVERNMENT - NOTICE OF INTENTION TO SERVE PERFORMANCE IMPROVEMENT ORDER - OUTCOME
9
ITEM-3 GM - 12/12/16 – INDEPENDENT PRICING AND REGULATORY TRIBUNAL ANNOUNCEMENT OF 2017-18 RATE PEG
10
ITEM-4 GM - 12/12/16 - GREYHOUND RACING INDUSTRY UPDATE 10
ITEM-5 GM - 12/12/16 - MEMORIAL HALL WALLERAWANG - POSSIBLE USE BY WALLERAWANG MEN'S SHED
11
ENVIRONMENT AND DEVELOPMENT REPORTS 11
ITEM-6 ENVIRO - 12/12/16 - CLEANING CONTRACT 11
ITEM-7 ENVIRO - 12/12/16 - DEVELOPMENT APPLICATION 090/95DA MODIFICATION OF CONSENT FOR METROMIX QUARRY- 122 OAKEY FOREST ROAD MARRANGAROO
12
ITEM-8 ENVIRO - 12/12/16 - DEVELOPMENT APPLICATION DA180/16 DUAL OCCUPANCY 21 KIRKLEY STREET SOUTH BOWENFELS
13
ITEM-9 ENVIRO - 12/12/16 - DEVELOPMENT APPLICATION DA252/16 WASTE TRANSFER STATION TARANA
14
ITEM-10 ENVIRO - 12/12/16 - ENDEAVOUR PARK TOILETS 15
ITEM-11 ENVIRO - 12/12/16 - REPEAL OF DEVELOPMENT CONTROL PLANS
15
ITEM-12 ENVIRO - 12/12/16- CALLING IN OF DA283-16 FOR 20 DOUBLE STOREY DWELLINGS- 37 ATKINSON STREET LITHGOW
16
16
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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OPERATION REPORTS
ITEM-13 OPER- 12/12/16 - WATER REPORT 16
CORPORATE AND COMMUNITY REPORTS 16
ITEM-14 CORP - 12/12/16 - ADVERTISTING REPORT 16
ITEM-15 CORP - 12/12/16 - CODE OF CONDUCT COMPLAINTS RECEIVED 1 SEPT 2015 TO 31 AUGUST 2106
17
ITEM-16 CORP - 12/12/16 - ROUND 2 NON-RECURRENT FINANCIAL ASSISTANCE RECOMMENDATIONS
17
ITEM-17 CORP - 12/12/06 - EXCESSIVE WATER ACCOUNT FOR PROPERTY 1920
20
ITEM-18 CORP - 12/12/06 - EXCESSIVE WATER ACCOUNT FOR PROPERTY 2260
21
ITEM-19 CORP - 12/12/06 - EXCESSIVE WATER ACCOUNT FOR PROPERTY 106031
21
NOTICE OF MOTION 22
ITEM-20 NOTICE OF MOTION - 12/12/16 - LITHGOW CITY COUNCIL CODE OF MEETING PRACTICE - ‘IN MEMORIAM’
22
ITEM-21 NOTICE OF MOTION - 12/12/16 - FOOTPATH DISABILITY ACCESS ACROSS THE LOCAL GOVERNMENT AREA
23
ITEM-22 NOTICE OF MOTION - 12/12/16- LITHGOW HIGH SCHOOL WORK EXPERIENCE PROGRAM 2017
23
ITEM-23 NOTICE OF MOTION 12/12/16 BARTON AVENUE CROSSING 23
ITEM-24 CONFIDENTIAL - CLOSED COUNCIL - GM - 12/12/16 - ROGER BAILEY VERSUS LITHGOW CITY COUNCIL AND OTHERS - UPDATE
23
ITEM-24 CONFIDENTIAL - CLOSED REPORT - GM - 12/12/16 - ROGER BAILEY VERSUS LITHGOW CITY COUNCIL AND OTHERS - UPDATE
24
BUSINESS OF GREAT URGENCY 27
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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PROCEDURAL MOTION
THAT items 20 21, 22 and 23 be brought forward and considered, in this order, at this point of the meeting.
MOVED: Councillor W McAndrew SECONDED: Councillor J Smith.
CARRIED
NOTICE OF MOTION
ITEM-20 NOTICE OF MOTION - 12/12/16 - LITHGOW CITY COUNCIL CODE OF MEETING PRACTICE - "IN MEMORIAM"
REPORT BY: COUNCILLOR M TICEHURST
RECOMMENDATION
THAT 1. The Lithgow City Council’s Code of Meeting Practice be slightly amended
to include an ‘In Commemorations and Announcements’ section, after the Declarations of Interest and before Public Forum, so as to allow the Mayor and/or Councillors the opportunity to formally publicly recognise the valuable contribution made by local ratepayers and residents involved in our many community organisations including those who sadly or suddenly pass away.
2. Council consider changes not substantial and thus not require exhibition.
MOVED: Councillor M F Ticehurst SECONDED: Councillor R Thompson.
AMENDMENT
THAT 1. The Lithgow City Council’s Code of Meeting Practice be slightly amended
to include an ‘In Commemorations and Commendations’ section, after the Declarations of Interest and before Public Forum, so as to allow the Mayor and/or Councillors the opportunity to formally publicly recognise the valuable contribution made by local ratepayers and residents involved in our many community organisations including those who sadly or suddenly pass away.
2. Council consider changes not substantial and thus not require exhibition.
MOVED: Councillor G Cox SECONDED: Councillor S Ring.
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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The Amendment was PUT and LOST
16 – 244 RESOLVED
THAT 1. The Lithgow City Council’s Code of Meeting Practice be slightly amended
to include an ‘In Commemorations and Announcements’ section, after the Declarations of Interest and before Public Forum, so as to allow the Mayor and/or Councillors the opportunity to formally publicly recognise the valuable contribution made by local ratepayers and residents involved in our many community organisations including those who sadly or suddenly pass away.
2. Council consider changes not substantial and thus not require exhibition.
MOVED: Councillor M F Ticehurst SECONDED: Councillor R Thompson. CARRIED
ITEM-21 NOTICE OF MOTION - 12/12/16 - FOOTPATH DISABILITY ACCESS ACROSS THE LOCAL GOVERNMENT AREA
REPORT BY: COUNCILLOR C COLEMAN
16 – 245 RESOLVED
THAT 1. Council conduct a survey of all pedestrian ramps in high pedestrian traffic
areas within the Lithgow Local Government area to determine their suitability for prams, wheelchairs and motor scooters.
2. A program of repair and modification be undertaken to bring those ramps that fail to meet the minimum requirements, to an acceptable standard.
3. The matter be referred to the Community Development Committee for their input.
4. All data over the past 4 years on all the trip hazards that have been reported to the Council and any compensation claims made.
MOVED: Councillor C Coleman SECONDED: Councillor W McAndrew. CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-22 NOTICE OF MOTION - 12/12/16- LITHGOW HIGH SCHOOL WORK EXPERIENCE PROGRAM 2017
REPORT BY - COUNCILLOR M TICEHURST
16 – 246 RESOLVED
THAT Lithgow City Council provides support as requested for the Lithgow High School Work Experience Program 2017.
MOVED: Councillor M F Ticehurst SECONDED: Councillor M Statham. CARRIED
ITEM-23 NOTICE OF MOTION 12/12/16 BARTON AVENUE CROSSING REPORT BY: COUNCILLOR J SMITH
16 – 247 RESOLVED
THAT representations be made to Roads and Maritime Services seeking approval to install a pedestrian crossing in Barton Street Wallerawang in the vicinity of the existing bus shelter.
MOVED: Councillor J Smith SECONDED: Councillor W McAndrew. CARRIED MATTER ARISING 16 – 248 RESOLVED
THAT council request TALC to investigate the insufficient lighting and parking in Barton Street, Wallerawang.
MOVED: Councillor M F Ticehurst SECONDED: Councillor J Smith.
CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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GENERAL MANAGERS REPORTS
ITEM-1 GM - 12/12/16 - NOTICE OF INTENTION TO ISSUE PERFORMANCE IMPROVEMENT ORDER TO LITHGOW CITY COUNCIL - FIT FOR THE FUTURE
16 – 249 RESOLVED
THAT: 1. The information in relation to the Notice of Intention to issue a Performance
Improvement Order by the Minister for Local Government the Honourable Paul Toole MP be noted.
2. The Acting General Manager be authorised to provide a response to the Notice of Intention and if necessary engage external assistance by way of expert consultancy.
MOVED: Councillor R Thompson SECONDED: Councillor S Ring. CARRIED
ITEM-2 GM - 12/12/16 - CORRESPONDENCE FROM MINISTER OF LOCAL GOVERNMENT - NOTICE OF INTENTION TO SERVE PERFORMANCE IMPROVEMENT ORDER
16 – 250 RESOLVED
THAT the information from the Minister for Local Government, the Honourable Paul Toole MP, that he does not intend to issue a Performance Improvement Order for the late lodgement of audited financial reports be noted.
MOVED: Councillor W McAndrew SECONDED: Councillor R Thompson. CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-3 GM - 12/12/16 - INDEPENDENT PRICING AND REGULATORY TRIBUNAL ANNOUNCEMENT OF 2017-18 RATE PEG
Cr S Ring left the chambers at 7:51pm.
16 – 251 RESOLVED
THAT the information in relation to the 2017/18 rate peg be noted. MOVED: Councillor M Statham SECONDED: Councillor W McAndrew. CARRIED
ITEM-4 GM - 12/12/16 - GREYHOUND RACING INDUSTRY UPDATE Cr S Ring returned to the chambers at 7:53pm Cr M Ticehurst declared an interest in item 4 as he is a member of the Lithgow Greyhound Association. He vacated the chambers at 7:56pm
16 – 252 RESOLVED
THAT Council 1. Note the report and correspondence from the Premier of New South Wales,
the Honourable Mike Baird MP, in relation to the Government’s current position on greyhound racing.
2. Seek the views of the Lithgow Greyhound Association regarding how Council can be of assistance.
MOVED: Councillor R Thompson SECONDED: Councillor J Smith. CARRIED Cr M Ticehurst returned to the chambers at 7:58pm.
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-5 GM - 12/12/16 - MEMORIAL HALL WALLERAWANG - POSSIBLE USE BY WALLERAWANG MEN'S SHED
16 – 253 RESOLVED
THAT Council indicate to Wallerawang Men’s Shed Committee that it is supportive in principle of the Memorial hall at Wallerawang for the occupation by the Men’s Shed group subject to discussions taking place between Council, Wallerawang Kids Club and Wallerawang Men’s Shed Committee and negotiation of terms to be reported back to Council.
MOVED: Councillor S Ring SECONDED: Councillor W McAndrew. CARRIED
ENVIRONMENT AND DEVELOPMENT REPORTS
ITEM-6 ENVIRO - 12/12/16 - CLEANING CONTRACT PROCEDURAL MOTION
THAT Council suspend standing orders and move into the committee of the whole in order to discuss the item in detail.
MOVED: Councillor W McAndrew CARRIED PROCEDURAL MOTION
THAT Council resume standing orders and move into open Council. MOVED: Councillor W McAndrew CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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16 – 254 RESOLVED
THAT the report on cleaning and the cleaning contract with SKG be noted.
MOVED: Councillor W McAndrew SECONDED: Councillor C Coleman. CARRIED
ITEM-7 ENVIRO - 12/12/16 - DEVELOPMENT APPLICATION 090/95DA MODIFICATION OF CONSENT FOR METROMIX QUARRY- 122 OAKEY FOREST ROAD MARRANGAROO
16 – 255 RESOLVED
THAT 1. Section 96(1A) Modification of consent no. S96053/16 for 090/95DA being
Metromix Quarry development be approved, subject to the conditions outlined in the attached Section 79C report.
2. A DIVISION be called in accordance with the requirements of Section 375A(3) of the Local Government Act, 1993.
MOVED: Councillor R Thompson SECONDED: Councillor S Ring. CARRIED A DIVISION was called in accordance with the requirements of Section 375A(3) of the Local Government Act, 1993. Divisions – Unanimous FOR Councillor S Lesslie Councillor M F Ticehurst Councillor G Cox Councillor C Coleman Councillor W McAndrew Councillor S Ring Councillor J Smith Councillor M Statham Councillor R Thompson AGAINST Nil
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-8 ENVIRO - 12/12/16 - DEVELOPMENT APPLICATION DA180/16 DUAL OCCUPANCY 21 KIRKLEY STREET SOUTH BOWENFELS
16 – 256 RESOLVED
THAT 1. The Development Application DA180/16 be APPROVED subject to
conditions on the consent as shown in the attached Section 79C report. 2. A DIVISION be called in accordance with the requirements of Section
375A(3) of the Local Government Act, 1993. MOVED: Councillor S Ring SECONDED: Councillor J Smith. CARRIED A DIVISION was called in accordance with the requirements of Section 375A(3) of the Local Government Act, 1993. Divisions – Unanimous FOR Councillor S Lesslie Councillor M F Ticehurst Councillor G Cox Councillor C Coleman Councillor W McAndrew Councillor S Ring Councillor J Smith Councillor M Statham Councillor R Thompson AGAINST Nil
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-9 ENVIRO - 12/12/16 - DEVELOPMENT APPLICATION DA252/16 WASTE TRANSFER STATION TARANA
16 – 257 RESOLVED
THAT 1. The Development Application DA252/16 be APPROVED subject to
conditions on the consent as shown in the attached Section 79C report. 2. A DIVISION be called in accordance with the requirements of Section
375A(3) of the Local Government Act, 1993. MOVED: Councillor M Statham SECONDED: Councillor S Ring. CARRIED A DIVISION was called in accordance with the requirements of Section 375A(3) of the Local Government Act, 1993. Divisions – Unanimous FOR Councillor S Lesslie Councillor M F Ticehurst Councillor G Cox Councillor C Coleman Councillor W McAndrew Councillor S Ring Councillor J Smith Councillor M Statham Councillor R Thompson AGAINST Nil
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-10 ENVIRO - 12/12/16 - ENDEAVOUR PARK TOILETS
16 – 258 RESOLVED
THAT the information on the proposed new toilet facilities for Endeavour Park be noted.
MOVED: Councillor M Statham SECONDED: Councillor C Coleman. CARRIED
ITEM-11 ENVIRO - 12/12/16 - REPEAL OF DEVELOPMENT CONTROL PLANS
16 – 259 RESOLVED
THAT Council repeal the following development control plans in accordance with Clause 23 of the Environmental Planning and Assessment Regulation 2000 by reason of non-compliance with S. 74C(2) and (5) of the Environmental Planning and Assessment Act, 1979:
• Marrangaroo Fields Estate DCP No 1 – October 1988 • Outdooor Advertising DCP April 1997 • Off Street Carparking DCP 1997 • Rural Residential DCP No 4 • Lithgow Escarpment Protection DCP No 5 – 1992 • Industrial Development DCP No 6 • Bed and Breakfast DCP No 8- November 1993 • Poultry DCP-March 2000 • Animal Boarding and Training Establishment DCP 2002 • ADI Limited Site DCP No 12 –November 2003 • South Bowenfels Residential DCP – February 2006 • Rylstone Shire Guidelines for Outdoor Signage DCP No 2 –
November 2001 • Rylstone Shire Exempt and Complying Development DCP No 3 –
15 May 2002 • Rylstone Shire Rural Road and Access Standards • Rylstone Shire Advertising and Notification DCP No 1 – 2003
MOVED: Councillor W McAndrew SECONDED: Councillor S Ring. CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-12 ENVIRO - 12/12/16- CALLING IN OF DA283-16 FOR 20 DOUBLE STOREY DWELLINGS- 37 ATKINSON STREET LITHGOW
16 – 260 RESOLVED
THAT the calling in of DA283/16 for 20 double storey dwellings at 37 Atkinson Street be noted.
MOVED: Councillor M F Ticehurst SECONDED: Councillor S Ring. CARRIED
OPERATION REPORTS
ITEM-13 OPER- 12/12/16 - WATER REPORT
16 – 261 RESOLVED
THAT Council notes the water report. MOVED: Councillor C Coleman SECONDED: Councillor W McAndrew. CARRIED
CORPORATE AND COMMUNITY REPORTS
ITEM-14 CORP - 12/12/16 - ADVERTISTING REPORT
RECOMMENDATION
THAT Council note the report on advertising.
AMENDMENT
THAT Council seek the advice of the Office of Local Government, Roads and Maritime Services and Department of Planning on how Council can reduce its statutory requirements (and costs) for public advertising in all forms of current media applications.
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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MOVED: Councillor M F Ticehurst SECONDED: Councillor S Lesslie. The Amendment was PUT and became the MOTION.
16 – 262 RESOLVED
THAT Council seek the advice of the Office of Local Government, Roads and Maritime Services and Department of Planning on how Council can reduce its statutory requirements (and costs) for public advertising in all forms of current media applications.
MOVED: Councillor M F Ticehurst SECONDED: Councillor S Lesslie. CARRIED
ITEM-15 CORP - 12/12/16 - CODE OF CONDUCT COMPLAINTS RECEIVED 1 SEPT 2015 TO 31 AUGUST 2106
16 – 263 RESOLVED
THAT the report on the Code of Conduct complaints statistics for 2015/16 be noted.
MOVED: Councillor M F Ticehurst SECONDED: Councillor W McAndrew. CARRIED
ITEM-16 CORP - 12/12/16 - ROUND 2 NON-RECURRENT FINANCIAL ASSISTANCE RECOMMENDATIONS
RECOMMENDATION
THAT Council: 1. Provide Round 2 Non-Recurrent Financial Assistance to the value of
$21,108 to the following fourteen (14) organisations.
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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Organisation and Project Name
Project Outline Amount Recommended
Lithgow High School Lithgow High Youth Futures
A program for small group of students to create artwork/ mural for Lithgow Men's Shed. Students will work with the Men's shed throughout 2017 on the project. Funds needed for materials, e.g. plywood, paint, brushes etc.
$1,500
Josephite Foundation No Interest Loan Scheme and Step-up Loan Program
Small service requests funds to install alarm and CCTV system to increase security and improve safety of staff and clients after a recent break-in which resulted in majority of furniture destroyed and computer equipment stolen.
$2,500
Lithgow Theatre group
Financial assistance to organise One Act serious plays to expand repertoire and attend and compete in Amateur Play Festivals, including Port Macquarie and Wyong Play Festivals. By doing so, the Lithgow Theatre Group will be able to provide a more varied number of theatre plays to the Lithgow community, which will broaden the cultural capital and entertainment styles available locally.
$1,500
Gorrie Ban Assistance for Seniors
Take isolated seniors on out of town bus trips 4 times during 2017.
$3,000
Lithgow Bears rugby league club Safety equipment - new padding for goal posts
New padding for goal posts $1,000
Lithgow Community Housing Supporting healthy Tenancies
To assist people entering new tenancies with cleaning materials packages which include cleaning products, buckets, mops, cloths, brooms, toilet brush, light bulbs, garbage bags and pegs.
$1,500
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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Organisation and Project Name
Project Outline Amount Recommended
Lithgow District Car Club Inc. Yvonne Martin memorial motor sport park
Rate reimbursement $1,201– General rate component
only
Lithgow Regional Branch, National Trust of Australia (NSW) Annual John Wellings Award 2017
The John Wellings Award encourages young people to explore their local heritage by holding an art and writing competition on a different heritage subject each year. The funding will cover the cost of prizes to students and schools, advertising and administration.
$400
Central Tablelands Life Education Supporters group Towing of the Life Education Mobile Learning Centre
Funding to cover costs associated with the towing of the Life Education learning centre into 13 schools within the Lithgow LGA. Costs include, driver labour, fuel and distance moved.
$1,500
Portland Film Society
To offset Council fees associated with meeting at the Crystal Theatre in Portland.
$1,500
Cullen Bullen Progress Association Rate reimbursement
Refund Community Hall Rates $570 – General rate component
only
Lara Jean Association Movie Mayhem
Funding to conduct special event days, such as Movie Mayhem, for kids with special needs and their families.
$2,000
Julie Hughan Light the Night - Leukaemia Foundation
Fee waiver for use of Civic Ballroom for the Light the Night Walk at Queen Elizabeth Park.
$138
Barton Park Giant Trees Arboretum Inc
Purchase self-drive mower to mow 40 acres of land; trees in collection need to be numbered with Perspex signs; and each grove also needs interpretive signage.
$2,799
Total $21,108
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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AMENDMENT
THAT the item be referred back the Community Development Committee for review and refer back to Council policy
MOVED: Councillor C Coleman SECONDED: Councillor S Ring. The Amendment was PUT and became the MOTION
16 – 264 RESOLVED
THAT this item be referred back the Community Development Committee for review for consideration of requests in line with Council policy.
MOVED: Councillor C Coleman SECONDED: Councillor S Ring. CARRIED
ITEM-17 CORP - 12/12/06 - EXCESSIVE WATER ACCOUNT FOR PROPERTY 1920
RECOMMENDATION
THAT Council: 1. Offer No further consideration additional to the $200.00 rebate previously
applied to water consumption charges on the property. 2. Advise the owner in writing of Council’s resolution and confirm the
availability of a negotiated repayment arrangement under policy.
AMENDMENT
THAT Council write off $2563.74 to water account on property 1920. The Amendment was PUT and became the MOTION
16 – 265 RESOLVED
THAT Council write off $2563.74 to water account on property 1920. MOVED: Councillor M F Ticehurst SECONDED: Councillor M Statham. CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-18 CORP - 12/12/06 - EXCESSIVE WATER ACCOUNT FOR PROPERTY 2260
RECOMMENDATION
THAT Council: 1. Offer No further consideration additional to the $200.00 rebate previously
applied to water consumption charges on the property. 2. Advise the owner in writing of Council’s resolution and confirm the
availability of a negotiated repayment arrangement under policy. AMENDMENT
THAT council write off $1,826.40 for property 2260. MOVED: Councillor M F Ticehurst SECONDED: Councillor M Statham. The Amendment was PUT and became the MOTION
16 – 266 RESOLVED
THAT council write off $1,826.40 for property 2260. MOVED: Councillor M F Ticehurst SECONDED: Councillor M Statham. CARRIED
ITEM-19 CORP - 12/12/06 - EXCESSIVE WATER ACCOUNT FOR PROPERTY 106031
RECOMMENDATION
THAT Council: 1. Offer no further consideration additional to the $200.00 rebate previously
applied to water consumption charges on property. 2. Advise the owner of property in writing of Council’s resolution and confirm
the availability of a negotiated repayment arrangement under policy.
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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AMENDMENT
THAT the matter be deferred until the next ordinary meeting of Council. MOVED: Councillor W McAndrew SECONDED: Councillor S Ring. The Amendment was PUT and became the MOTION.
16 – 267 RESOLVED
THAT the matter be deferred until the next ordinary meeting of Council. MOVED: Councillor W McAndrew SECONDED: Councillor S Ring. CARRIED MATTER ARISING 16 – 268 RESOLVED
THAT Council officers review “Policy 8.1 – Excessive Water Usage and Allowances for Breakage” and “Policy 8.6 – Hardship Policy” in regards to matters of complaint handling and delegated authority and report back to Council.
MOVED: Councillor W McAndrew SECONDED: Councillor S Ring. CARRIED NOTICE OF MOTION
ITEM-20 NOTICE OF MOTION - 12/12/16 - LITHGOW CITY COUNCIL CODE OF MEETING PRACTICE - "IN MEMORIAM"
REPORT BY: COUNCILLOR M TICEHURST Item 20 was dealt with earlier in the meeting.
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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ITEM-21 NOTICE OF MOTION - 12/12/16 - FOOTPATH DISABILITY ACCESS ACROSS THE LOCAL GOVERNMENT AREA
REPORT BY: COUNCILLOR C COLEMAN Item 21 was dealt with earlier in the meeting.
ITEM-22 NOTICE OF MOTION - 12/12/16- LITHGOW HIGH SCHOOL WORK EXPERIENCE PROGRAM 2017
REPORT BY - COUNCILLOR M TICEHURST Item 22 was dealt with earlier in the meeting.
ITEM-23 NOTICE OF MOTION 12/12/16 BARTON AVENUE CROSSING REPORT BY: COUNCILLOR J SMITH Item 23 was dealt with earlier in the meeting.
LATE ITEMS – CONFIDENTIAL
ITEM-24 CONFIDENTIAL - CLOSED COUNCIL - GM - 12/12/16 - ROGER BAILEY VERSUS LITHGOW CITY COUNCIL AND OTHERS - UPDATE
REPORT BY: A MUIR – ACTING GENERAL MANAGER Councillor Ring left the Chambers at 9:06pm Councillor Ring returned to the Chambers at 9:08pm
Reason for Confidentiality
This report is CONFIDENTIAL in accordance with Section 10A(2)(a)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(a) personnel matters concerning particular individuals (other than Councillors)
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege,
16 – 269 RESOLVED
THAT Council consider the report on Roger Bailey Versus Lithgow City Council and Other – Updates, in Closed Council pursuant to Section 10A(2)(a)(g).
MOVED: Councillor W McAndrew SECONDED: Councillor M Statham. CARRIED
CLOSED COUNCIL
The Mayor asked if there were any objections from the Public with regards to the confidential reports being in closed Council. There were Nil objections. Closed Council started at 9:21pm.
ITEM-24 CONFIDENTIAL - CLOSED REPORT - GM - 12/12/16 - ROGER BAILEY VERSUS LITHGOW CITY COUNCIL AND OTHERS - UPDATE
REPORT BY: A MUIR – ACTING GENERAL MANAGER
Reason for Confidentiality
This report is CONFIDENTIAL in accordance with Section 10A(2)(a)(g) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(a) personnel matters concerning particular individuals (other than Councillors) (g) advice concerning litigation, or advice that would otherwise be privileged from
production in legal proceedings on the ground of legal professional privilege
PROCEDURAL MOTION
THAT council move into a Council as a whole. MOVED: Councillor M F Ticehurst
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
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RECOMMENDATION
THAT the report in relation to the progress on the matter in the Fair Work Commission be noted.
AMENDMENT
THAT 1. Because the employee/employer relationship has been irreconcilably
broken, Council does not support any new “agreed date of termination”, further the Council has already commenced the recruitment process for a new General Manager.
2. Council does not support any claim for payment of Mr Bailey’s legal expenses
3. Council authorise and delegate the Mayor and Acting General Manager all other matters relating to the termination of Mr Bailey and any negotiations arising from hearing currently before the Fair Work Commission.
MOVED: Councillor S Lesslie SECONDED: Councillor W McAndrew The Amendment was PUT and became the MOTION.
16 – 270 RESOLVED
THAT 1. Because the employee/employer relationship has been irreconcilably
broken, Council does not support any new “agreed date of termination”, further the Council has already commenced the recruitment process for a new General Manager.
2. Council does not support any claim for payment of Mr Bailey’s legal expenses
3. Council authorise and delegate the Mayor and Acting General Manager all other matters relating to the termination of Mr Bailey and any negotiations arising from hearing currently before the Fair Work Commission.
MOVED: Councillor S Lesslie SECONDED: Councillor W McAndrew. CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
Page 26
16 – 271 RESOLVED
At 9:38pm the Council resolved to refer to open Council and recommend the resolutions of Closed Council. MOVED: Councillor W McAndrew SECONDED: Councillor M Statham CARRIED The Mayor announced the recommendations of the Closed Council being:
1. Because the employee/employer relationship has been irreconcilably broken, Council does not support any new “agreed date of termination”, further the Council has already commenced the recruitment process for a new General Manager.
2. Council does not support any claim for payment of Mr Bailey’s legal expenses
3. Council authorise and delegate the Mayor and Acting General Manager all other matters relating to the termination of Mr Bailey and any negotiations arising from hearing currently before the Fair Work Commission.
16 – 272 RESOLVED
THAT Council adopt the recommendations of the closed Council.
MOVED: Councillor W McAndrew SECONDED: Councillor M Statham CARRIED
12 December 2016 MINUTES – ORDINARY MEETING OF COUNCIL
Page 27
BUSINESS OF GREAT URGENCY
In accordance with Clause 241 of the Local Government (General) Regulations 2005 business may be transacted at a meeting of Council even though due notice of the business has not been given to the Councillors. However, this can happen only of: a) A motion is passed to have the business transacted at the meeting: and b) The business proposed to be brought forward is ruled by the Chairperson to be of
great urgency. UB – 12/12/16 – COUNCILLOR C COLEMAN Councillor Coleman The Mayor declared the matter of Urgent Business.
16 – 273 RESOLVED
THAT Council write to the Honourable Andrew Gee MP to seek information on how Lithgow will benefit from the redirection of funds from the Green Army to Landcare.
MOVED: Councillor C Coleman SECONDED: Councillor W McAndrew CARRIED The meeting closed at 9:40pm.