Minutes of Ordinary Meeting 10 October...

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10 TH OCTOBER 2011 MINUTES - ORDINARY MEETING OF COUNCIL LITHGOW CITY COUNCIL A CENTRE OF REGIONAL EXCELLENCE MINUTES ORDINARY MEETING OF COUNCIL HELD ON 10 OCTOBER 2011 AT 7.00pm

Transcript of Minutes of Ordinary Meeting 10 October...

Page 1: Minutes of Ordinary Meeting 10 October 2011archive.lithgow.nsw.gov.au/minutes/11/111010_minutes.pdf · Mr Matthew Johnson, Acting Group Manager Community & Strategy CONFIRMATION OF

10TH OCTOBER 2011 MINUTES - ORDINARY MEETING OF COUNCIL

LITHGOW CITY COUNCIL

A CENTRE OF REGIONAL EXCELLENCE

MINUTES

ORDINARY MEETING OF COUNCIL

HELD ON

10 OCTOBER 2011

AT 7.00pm

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MINUTES OF THE CITY OF LITHGOW COUNCIL MEETING HELD AT THE CIVIC CENTRE, LITHGOW ON 10th October 2011

Meeting Commenced 7.00pm Public Forum: 25 PRESENT His Worship the Mayor Councillor Neville Castle Councillor H K Fisher Councillor R Thompson Councillor W McAndrew Councillor J J McGinnes Councillor W Marshall Councillor C Hunter Councillor M F Ticehurst APOLOGIES 11-382 RESOLVED An apology was received from and leave of absence granted to from Councillor G Danaher who is out of the City on business. MOVED: Councillor W McAndrew SECONDED: CouncillorH K Fisher Also in attendance Mr Roger Bailey, General Manager Miss Rhiannan Pace, Minutes Secretary Mr Andrew Muir, Group Manager Environment and Development Mr Iain Stewart, Group Manager Operations Mrs Carol Farnsworth, Finance Manager Mr Matthew Johnson, Acting Group Manager Community & Strategy CONFIRMATION OF MINUTES 11-383 RESOLVED Confirmation of the Minutes of the Ordinary Meeting of Council held on the 12th September 2011 were taken as read and confirmed by Councillors H K Fisher and W McAndrew with the following correction being made to the Committees in relation to the spelling of “Mac Scott” in relation to resolution number 11-373 which now reads:

“That Council publically advertise its intention to name Road 5 from the attachments “Duplicate Road Names” as Mac Scott Road”.

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DECLARATION OF INTEREST His Worship the Mayor called for Declarations of Interest on any matter before the Meeting. NIL QUESTIONS FROM THE PUBLIC FORUM At 7.01pm Members of public gallery were invited to participate in the Public Forum Session. PF-10/10/11- Jeremy Dawkins Mr Dawkins asked various questions in relation to the Land Use Strategy: 1. At a forth coming meeting when dealing with the Land Use Strategy, will Council

consider leading a community process focusing on Lithgow opportunities? 2. Will Council be identifying the positive things that have come out of the Land Use

Strategy and would it be beneficial rather than focusing on what can’t and shouldn’t happen.

3. After the Land Use Strategy is dealt with, will the Council seek positive ideas from the community in regards to the future of Lithgow.

The Mayor advised that such community input took place previously in regards to the Land Use Strategy and look at the positives for Lithgow. The Mayor advised that a review of community plan will also occur in the near future.

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TABLE OF CONTENTS ITEM TITLE PAGE

NOTICE OF MOTIONS 5

ITEM-1 NOTICE OF MOTION - 10/10/11 - UPDATE ON BWS LIQUOR DEVELOPMENT AND LIQUOR LICENCE IN LITHGOW - COUNCILLOR M F TICEHURST

5

ITEM-2 NOTICE OF MOTION - 10/10/11 - CHILDRENS FEES AND CHARGES FOR THE 2011/12 SEASON AT THE LITHGOW SWIMMING POOL - COUNCILLOR M F TICEHURST

5

ITEM-3 NOTICE OF MOTION - 10/10/11 - AUDIT OF LITHGOW CITY COUNCIL GIFTS AND BENEFITS REGISTER - COUNCILLOR M F TICEHURST

6

ITEM-4 NOTICE OF MOTION - PROPOSED PURCHASE AND INSTALLATION OF REMOVABLE PLATFORMS IN THE 50M LITHGOW SWIMMING POOL - COUNCILLOR M F TICEHURST

6

ITEM-5 NOTICE OF MOTION - DEFAMATION AND THE RIGHT TO POLITICAL COMMUNICATION - COUNCILLOR M F TICEHURST

7

ITEM-6 NOTICE OF MOTION - 10/10/11 - SCRUTINY OF AUSTRALIAN BUSINESS NUMBERS (ABS'S) PROVIDED BY CREDITORS TO THE LITHGOW CITY COUNCIL - COUNCILLOR M F TICEHURST

9

GENERAL MANAGERS REPORTS 9

ITEM-7 GM - 10/10/11 - COUNCIL MEETING DATES FOR 2012 10

ITEM-8 GM - 10/10/11 - OUTSTANDING NOTICE OF MOTIONS - 2008 TO PRESENT

10

ENVIRONMENT AND DEVELOPMENT REPORTS 10

ITEM-9 ENVIRO - 10/10/11 - RESIDENTIAL DWELLING ALTERATIONS TO EXISTING STRUCTURE (DUAL OCCUPANCY) - FOUR TOURIST CABINS AND A SHED

11

ITEM-10 ENVIRO - 10/10/11 - 008/11DA - PROPOSED HUNGRY JACKS RESTAURANT - CAROLINE AVENUE / STEWART STREET, LITHGOW

11

ITEM-11 ENVIRO - 10/10/11 - CLOSURE OF ANGUS PLACE LANDFILL 13

OPERATION REPORTS 13

ITEM-12 OPER - 10/10/11 - WATER REPORT 14

ITEM-13 OPER - 10/10/11 - YOUNG - ACQUISITION OF CLOSED ROAD, PART MORT STREET, LITHGOW

14

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ITEM-14 OPER - 10/10/11 - 2009/10 NSW WATER SUPPLY AND SEWERAGE PERFORMANCE MONITORING REPORT

14

ITEM-15 OPER - 10/10/11 - ROADS TO RECOVERY PROGRAM 15

ITEM-16 OPER - 10/10/11 - RESTORATION OF FLOOD DAMAGE DECEMBER 2010 EVENT - LOCAL ROADS PROJECT NO. A/08835/IC

15

ITEM-17 OPER - 10/10/11 - LITHGOW AQUATIC CENTRE - FUNDING APPLICATION FOR STAGE 2

15

ITEM-18 OPER - 10/10/11 - GEOTECHNICAL MONITORING INSPECTION WOLGAN ROAD, WOLGAN GAP

16

ITEM-19 OPER - 10/10/11 - AGREEMENT FOR BLOCK GRANT ASSISTANCE TO COUNCIL FOR REGIONAL ROADS 2011/12

16

ITEM-20 OPER - 10/10/11 - 2011/12 MANAGEMENT PLAN - ROAD PROGRAMS

17

COMMUNITY AND STRATEGY REPORTS 17

ITEM-21 COMM - 10/10/11 - SECTION 356 FINANCIAL ASSISTANCE TO COMMUNITY ORGANISATIONS

18

ITEM-22 COMM - 10/10/11 - COMMUNITY BUILDING PARTNERSHIP 2011 18

ITEM-23 COMM - 10/10/11 - DIGITAL TELEVISION TRANSMISSION 18

FINANCE REPORTS 19

ITEM-24 FINAN - 10/10/11 - 2010/11 GENERAL PURPOSE FINANCIAL REPORTS

19

ITEM-25 FINAN - 10/10/11 - RETURNS UNDER SEC 449: LG ACT 1993 DISCLOSING INTERESTS OF COUNCILLORS AND DESIGNATED PERSONS

20

ITEM-26 FINAN - 10/10/11 - RENT OF 162 MORT ST, LITHGOW BY TRANSLINC

21

ITEM-27 FINAN - 10/10/11 - COUNCIL INVESTMENTS HELD 30 SEPTEMBER 2011

21

COMMITTEE MEETINGS 22

ITEM-28 OPER - 10/10/11 - SPORTS ADVISORY COMMITTEE MEETING - MINUTES 26TH SEPTEMBER 2011

22

ITEM-29 COMM - 10/10/11 - TOURISM ADVISORY COMMITTEE MEETING MINUTES - 6TH SEPTEMBER 2011

22

BUSINESS OF GREAT URGENCY 23

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NOTICE OF MOTIONS

ITEM-1 NOTICE OF MOTION - 10/10/11 - UPDATE ON BWS LIQUOR DEVELOPMENT AND LIQUOR LICENCE IN LITHGOW - COUNCILLOR M F TICEHURST

11-384 RESOLVED

THAT the General Manager and Senior Council Officers provide the Council, Councillors, ratepayers and residents with a updated report at this Council Meeting that it is correct that the NSW State Government Office of Liquor, Gaming and Racing some months ago approved a Liquor Licence for the proposed new BWS Liquor Store (DA 021/10) in Lithgow and secondly, when work on the Development Application is expected to begin.

MOVED: Councillor M F Ticehurst SECONDED: Councillor R Thompson. Comment - Advice was provided at the meeting.

ITEM-2 NOTICE OF MOTION - 10/10/11 - CHILDRENS FEES AND CHARGES FOR THE 2011/12 SEASON AT THE LITHGOW SWIMMING POOL - COUNCILLOR M F TICEHURST

MOTION

THAT Council, for the entire 2011/2012 Swimming Season at the Lithgow Swimming Centre, waive both the $2.30 Children’s Casual Entry fee and the $70.00 Season Pass for those children 12 years of age and younger. Accompanied by a paying adult

MOVED: Councillor M F Ticehurst SECONDED: CouncillorJ J McGinnes AMENDMENT

THAT Council, for the entire 2011/2012 Swimming Season at the Lithgow Swimming Centre, waive both the $2.30 Children’s Casual Entry fee and the $70.00 Season Pass for those children 9 years of age and younger. Children will have to be accompanied by a paying adult.

MOVED: Councillor W Marshall SECONDED: Councillor W McAndrew. On being put the amendment became the motion.

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11-385 RESOLVED

THAT Council, for the entire 2011/2012 Swimming Season at the Lithgow Swimming Centre, waive both the $2.30 Children’s Casual Entry fee and the $70.00 Season Pass for those children 9 years of age and younger. Children will have to be accompanied by a paying adult.

MOVED: Councillor W Marshall SECONDED: Councillor W McAndrew.

ITEM-3 NOTICE OF MOTION - 10/10/11 - AUDIT OF LITHGOW CITY COUNCIL GIFTS AND BENEFITS REGISTER - COUNCILLOR M F TICEHURST

11-386 RESOLVED

THAT Council request that their internal independent Auditors, Internal Audit Bureau – IAB Services, conduct an urgent audit of the Lithgow City Councils Gifts and Benefits Register to ensure compliance with the Lithgow City Council Policy 9.7 Gifts and Benefits – Councillors and Staff and the ICAC Guidelines for Managing Gifts and Benefits in the Public Sector.

MOVED: Councillor M F Ticehurst SECONDED: Councillor W Marshall.

ITEM-4 NOTICE OF MOTION - PROPOSED PURCHASE AND INSTALLATION OF REMOVABLE PLATFORMS IN THE 50M LITHGOW SWIMMING POOL - COUNCILLOR M F TICEHURST

11-387 RESOLVED

THAT the General Manager and Senior Council Officers provide the Council, Councillors, ratepayers and residents with a report on: 1. The proposed future Council and Public use and storage of any removable

underwater platforms in the shallow end of the current 50 metre Swimming Pool at the Lithgow Aquatic Centre;

2. Independent Legal Advice that the use of any removable underwater platforms in the shallow end of the current 50 metre Swimming Pool at the Lithgow Aquatic Centre, will not pose any future personal public risk (i.e. Swim turns, Diving, etc.) to the users of the Council facility or any increased public liability insurance risk to the Lithgow City Council;

3. Confirmation or not of any other known previous Public Liability claims or reportable deaths to the Coroner involving the use of any underwater platforms in the shallow end of the Swimming Pools; and

4. Council wait advice in relation to potential learn to swim teachers. MOVED: Councillor M F Ticehurst SECONDED: Councillor J J McGinnes.

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ITEM-5 NOTICE OF MOTION - DEFAMATION AND THE RIGHT TO POLITICAL COMMUNICATION - COUNCILLOR M F TICEHURST

MOTION

THAT the information be noted. MOVED: Councillor M F Ticehurst SECONDED: Councillor J J McGinnes. Councillor Ticehurst persistently interrupted and attempted to speak over the Mayor when comments and observations were being made by the Mayor. Councillor Ticehurst continued to loudly interject stating that he would not allow the Mayor to make such comments or allow the Mayor to continue. During this time the Mayor informed Councillor Ticehurst that he was Out of Order. Councillor Ticehurst called a Point of Order. The Mayor heard the Point of Order and overruled it. Councillor Ticehurst then continued to loudly interject. The Mayor continued to advise Councillor Ticehurst that he was Out of Order. Councillor Ticehurst called a further Point of Order dissenting from the Mayor’s earlier ruling. The Mayor put the Point of Order to the Council. The Point of Order was overruled by the Council. Councillor Ticehurst continued to loudly state that he would not allow the Mayor to continue. Councillor Ticehurst rose to his feet and continued to loudly interject whilst the Mayor was speaking. The Mayor requested Councillor Ticehurst to resume his seat and come to order. After numerous calls, which were ignored by Councillor Ticehurst for him to come to order, the following resolution was made: 11-388 RESOLVED

THAT Councillor Martin Ticehurst be ejected from the Chambers for persistent disorder.

MOVED: Councillor N L Castle SECONDED: Councillor H K Fisher. The Mayor requested Councillor Ticehurst leave the Chamber. Councillor Ticehurst refused to leave. The Mayor called an adjournment for five minutes at 7:38pm due to Councillor Ticehurst refusing to leave the Council Chamber. The Council reassembled at 7:45pm with all of the aforementioned Councillors present.

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On resuming the meeting the Mayor asked the Council if it wished to continue business. The Council responded in the affirmative. Councillor Ticehurst remained in his seat in the Chamber. The Mayor requested Councillor Ticehurst that due to the Council resolution to expel him from the Chamber, that he leaves the Council Chamber with which Councillor Ticehurst again refused. The Mayor indicated that the Police would be called if Councillor Ticehurst remained in the Chamber. Again Councillor Ticehurst refused and advised the Mayor to call the Police. The Mayor advised meeting has been adjourned 7:46pm. The Mayor reconvened meeting at 7:55pm with all of aforementioned Councillors with exception of Councillor Ticehurst. On resuming the meeting the Mayor asked the Council if it wished to continue business. The Council responded in the affirmative. AMENDMENT

THAT the report “Defamation and the Right to Political Communication” be deferred indefinitely.

MOVED: Councillor R Thompson SECONDED: Councillor W Marshall. On being put the amendment became the motion. 11-389 RESOLVED

THAT the report “Defamation and the Right to Political Communication” be deferred indefinitely.

MOVED: Councillor R Thompson SECONDED: Councillor W Marshall

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ITEM-6 NOTICE OF MOTION - 10/10/11 - SCRUTINY OF AUSTRALIAN BUSINESS NUMBERS (ABS'S) PROVIDED BY CREDITORS TO THE LITHGOW CITY COUNCIL - COUNCILLOR M F TICEHURST

11-390 RESOLVED

THAT Councillors Fisher & Councillor Thompson defer Item 6 Scrutiny of Australian Business Numbers (ABS's) provided by creditors to the Lithgow City Council to a future Council meeting.

MOVED: Councillor H K Fisher SECONDED: Councillor R Thompson

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GENERAL MANAGERS REPORTS

Councillor J J McGinnes left the Chamber at 7.57pm.

ITEM-7 GM - 10/10/11 - COUNCIL MEETING DATES FOR 2012

11-391 RESOLVED

THAT Council hold the Ordinary Council meetings during 2012 generally on Mondays on a three weekly basis on the following dates:

23 January 13 February 5 March 26 March 23 April 14 May 4 June 25 June 23 July 13 August 3 September 8 October 29 October 19 November 10 December

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew. Councillor J J McGinnes returned to the Chamber at 8.00pm

ITEM-8 GM - 10/10/11 - OUTSTANDING NOTICE OF MOTIONS - 2008 TO PRESENT

11-392 RESOLVED

THAT Council note the report on Notices of Motion MOVED: Councillor W McAndrew SECONDED: Councillor H K Fisher.

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ENVIRONMENT & DEVELOPMENT REPORTS

ITEM-9 ENVIRO - 10/10/11 - RESIDENTIAL DWELLING ALTERATIONS TO EXISTING STRUCTURE (DUAL OCCUPANCY) - FOUR TOURIST CABINS AND A SHED

11-393 RESOLVED

THAT: 1. Council approve 058/10DA in accordance with the conditions outlined in the

attached Section 79C Report. With the added condition that the location of the Cabins are relocated to the east.

2. A DIVISION be called in accordance with the provisions of Section 375(3) of the Local Government Act 1993.

MOVED: Councillor R Thompson SECONDED: Councillor C Hunter. DIVISION FOR Councillor W McAndrew Councillor R Thompson Councillor W Marshall Councillor C Hunter Councillor N L Castle AGAINST Councillor J J McGinnes Councillor H K Fisher

ITEM-10 ENVIRO - 10/10/11 - 008/11DA - PROPOSED HUNGRY JACKS RESTAURANT - CAROLINE AVENUE / STEWART STREET, LITHGOW

MOTION

THAT: 1. The proposed modification to Development Application 008/11DA be approved

subject to the removal of Condition 70. 2. Council seek The Hon Paul Toole, State Member to contact the Roads &

Traffic Authority for a left turn arrow from the Great Western Highway. 3. A DIVISION be called in accordance with the requirements of Section 375A(3)

of the Local Government Act, 1993. MOVED: Councillor W McAndrew SECONDED: Councillor H K Fisher.

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AMENDMENT

THAT: 1. The proposed modification to Development Application 008/11DA be approved

subject to the removal of Condition 70. 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 W Marshall. On being put the AMENDMENT was LOST. 11-394 RESOLVED

THAT: 1. The proposed modification to Development Application 008/11DA be approved

subject to the removal of Condition 70; 2. Council seek The Hon Paul Toole, State Member to contact the Roads &

Traffic Authority for a left turn arrow from the Great Western Highway. 3. A DIVISION be called in accordance with the requirements of Section 375A(3)

of the Local Government Act, 1993; and MOVED: Councillor W McAndrew SECONDED: Councillor H K Fisher. FOR Councillor R Thompson Councillor H K Fisher Councillor W McAndrew Councillor W Marshall Councillor C Hunter Councillor J J McGinnes Councillor N L Castle

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ITEM-11 ENVIRO - 10/10/11 - CLOSURE OF ANGUS PLACE LANDFILL

11-395 RESOLVED THAT Council: 1. Note the final closure of the Angus Place Rural Landfill on or about 15 November

2011; 2. Implement a temporary skip bin service at the site up until the end of December

2011; 3. Write to all residents not currently serviced by a garbage and recycling service

along Wolgan Road to Newnes to ascertain if there is interest in being included in a kerbside garbage and recycling service, when Council goes to tender on a new service; and

4. Utilise the open tender method to engage a contractor to undertake the rehabilitation of the Angus Place Landfill.

MOVED: Councillor H K Fisher SECONDED: Councillor C Hunter.

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OPERATION REPORTS

ITEM-12 OPER - 10/10/11 - WATER REPORT

11-396 RESOLVED

THAT the information in relation to water management issues be noted MOVED: Councillor R Thompson SECONDED: Councillor H K Fisher.

ITEM-13 OPER - 10/10/11 - YOUNG - ACQUISITION OF CLOSED ROAD, PART MORT STREET, LITHGOW

11-397 RESOLVED

THAT Council proceed with the sale of land (314square meters) of a closed section of Mort Street Lithgow to Mr Young at a price to be determined

MOVED: Councillor R Thompson SECONDED: Councillor W McAndrew.

ITEM-14 OPER - 10/10/11 - 2009/10 NSW WATER SUPPLY AND SEWERAGE PERFORMANCE MONITORING REPORT

11-398 RESOLVED THAT the 2009-10 NSW Water Supply and Sewerage Performance Monitoring

Report be referred to the newly formed Water Committee for detailed review and report to Council.

MOVED: Councillor W McAndrew SECONDED: Councillor R Thompson.

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ITEM-15 OPER - 10/10/11 - ROADS TO RECOVERY PROGRAM

11-399 RESOLVED

THAT Council write to the Prime Minister, the Leader of the Opposition, Minister for Infrastructure and Transport, Oppositions spokesperson for Transport and the Local Federal Member of Parliament seeking the continuation of the Roads to Recovery Program on a permanent basis to assist Local Government to meet its responsibility in providing rural road access for its communities.

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew.

ITEM-16 OPER - 10/10/11 - RESTORATION OF FLOOD DAMAGE DECEMBER 2010 EVENT - LOCAL ROADS PROJECT NO. A/08835/IC

11-400 RESOLVED

THAT the flood grant (exclusive of funds for restoration of Wolgan Gap slippage) of $772,289 from the Roads and Traffic Authority be accepted.

MOVED: Councillor H K Fisher SECONDED: Councillor R Thompson.

ITEM-17 OPER - 10/10/11 - LITHGOW AQUATIC CENTRE - FUNDING APPLICATION FOR STAGE 2

11-401 RESOLVED

THAT Council submit an application for funding of Stage 2 of the Lithgow Aquatic Centre through Round 2 of the Regional Development Australia Fund.

MOVED: Councillor H K Fisher SECONDED: Councillor R Thompson.

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ITEM-18 OPER - 10/10/11 - GEOTECHNICAL MONITORING INSPECTION WOLGAN ROAD, WOLGAN GAP

11-402 RESOLVED

THAT the monitoring inspection report from Golder Associates on Wolgan Road at Wolgan Gap be received and that the suggested improvements be implemented including: 1. The removal of Young tree growth from the 5m area behind the crest of Faces

2, 3 and 4 and the top of the dry stone wall below the road at face 2; 2. Drainage at the crest of Face 1 and the intermediate bench be maintained to

reduce the rainfall runoff over the face there by reducing erosion; 3. Continue survey monitoring of the five survey points on overhanging rocks of

face 4 and two monthly intervals; and 4. A further geotechnical report be commissioned in July 2012.

MOVED: Councillor H K Fisher SECONDED: Councillor R Thompson.

ITEM-19 OPER - 10/10/11 - AGREEMENT FOR BLOCK GRANT ASSISTANCE TO COUNCIL FOR REGIONAL ROADS 2011/12

11-403 RESOLVED

THAT Council accept the offer of Financial Assistance for the Maintenance of Regional Roads in 2011/12, to the total amount of $422,000 and the General Manager be authorised to sign the necessary documentation on Council’s behalf and affix the Council Seal if required.

MOVED: Councillor H K Fisher SECONDED: Councillor R Thompson.

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ITEM-20 OPER - 10/10/11 - 2011/12 MANAGEMENT PLAN - ROADS PROGRAMS

11-404 RESOLVED

THAT the following works be adopted for completion during the 2011/12 Financial Year: 1. Portland a) Carlon Street – Bitumen seal 2400sq.m - $19,200 b) Paine Street from Portland Road to top of hill – Bitumen Reseal 800sq.m -

$6,400 c) Portland Road from Williwa Street to Dulhunty Street – Bitumen Reseal

3000sq.m - $24,000 d) Bate Street – Bitumen Reseal 2400sq.m - $19,200 e) Piper Street from Portland Rd to Saville Street – Bitumen Reseal 4000sq.m -

$32,000 f) Purcell Street east of Paine Street – Bitumen Reseal 4000sq.m - $19,200 g) Thompson Street from Railway Ave to Rowsell Street – Bitumen Reseal 1250sq.m

- $10,000 h) Frankfort Road from Railway Ave to Purchas Street – Bitumen Reseal 2250sq.m -

$18,000 i) Jamieson Street from Long Street to Lidsdale Street – Bitumen Reseal 2000sq.m

- $16,000 j) High Street Shoulders from Lidsdale Street to Roxburgh Street – Bitumen Reseal

– 2000sq.m - $16,000 k) Roxburgh Street Shoulders adjacent to new kerb and gutter – Bitumen seal

600sq.m - $4,800 l) Tramway Ave Northern Side – Bitumen Seal 800sq.m - $6,400

Total Square Metres = 23900 Total cost - $203,150

2. Wallerawang a) Pied Piper Lane – Bitumen Reseal 480sq.m - $3,840 b) Pindari Place, Koolyn Place and Curringa Place – Bitumen Reseal 4800sq.m -

$38,400 Total Square Metres = 5280 Total cost - $44,880

3. Lithgow a) Enfield Ave Lane Southern End – Bitumen Reseal 1350sq.m - $10,800 b) Waratah Lane – Bitumen Reseal 200sq.m - $1,700 c) Amiens Street – Heavy Patching 200sq.m - $1,550

Total Square Metres = 1750 Total cost - $42,500 MOVED: Councillor W Marshall SECONDED: Councillor R Thompson.

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COMMUNITY AND STRATEGY REPORTS

Councillor McGinnes left the Chamber at 8.38pm.

ITEM-21 COMM - 10/10/11 - SECTION 356 FINANCIAL ASSISTANCE TO COMMUNITY ORGANISATIONS

11-405 RESOLVED THAT the Council provides Tarana Tanker Trailers with $950 Financial Assistance towards the cost of registration their fire fighting trailers.

MOVED: Councillor H K Fisher SECONDED: Councillor R Thompson.

ITEM-22 COMM - 10/10/11 - COMMUNITY BUILDING PARTNERSHIP 2011

Councillor J J McGinnes returned to the Chamber at 8.39pm 11-406 RESOLVED

THAT: 1. Council submits funding applications under the Community Building Partnership

program for the following projects in order of priority: a) Union Theatre upgrade to the value of $200,000 including $70,000 CBP

funding and $130,000 matching funding from Council. b) Lake Wallace play equipment upgrade to the value of $100,000 including

$50,000 CBP funding and $50,000 matching funding from Council. 2. Council report on prepared reviewing the needs of Public toilets in the Local

Government Area.

MOVED: Councillor H K Fisher SECONDED: Councillor W Marshall.

ITEM-23 COMM - 10/10/11 - DIGITAL TELEVISION TRANSMISSION

11-407 RESOLVED

THAT Council: 1. Notes the report; and 2. Seek a delegation to the relevant Minister on advice that a number of towers in

the Lithgow LGA are not going to be upgraded. MOVED: Councillor H K Fisher SECONDED: Councillor W Marshall.

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FINANCE REPORTS

ITEM-24 FINAN - 10/10/11 - 2010/11 GENERAL PURPOSE FINANCIAL REPORTS

11-408 RESOLVED

THAT: 1. The draft accounts be referred to auditors, The Morse Group 2. Council advertise the accounts following receipt of the 2010/11 Audit

Certificate. 3. Council state the following on the General Purpose Financial Reports for the

year ended 30 June 2011:-

The Council’s Annual General Purpose Financial Reports have been drawn up in accordance with:- a) The Local Government Act 1993 (as amended) and the Regulations made

there under; b) The Australian Accounting Standards and professional pronouncements; c) The Local Government Code of Accounting Practice and Financial

Reporting; d) The Local Government Asset Accounting Manual. e) To the best of our knowledge and belief, these reports f) Present fairly the Council's financial position and operating result for the

year and g) Accord with Council accounting and other records.

The Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer be authorised attesting to the above and that they are not aware of any matter that would render the reports false or misleading in any way.

4. Council state the following on the Special Purpose Financial Statements for the

year ended 30 June 2011:-

The attached Special Purpose Financial Statements have been drawn up in accordance with the Local Government Code of Accounting Practice and Financial Reporting and the: a) NSW Government Policy Statement “Application of National Competition

Policy to Local Government” b) Department of Local Government guidelines “Pricing & Costing for Council

Businesses: A Guide to Competitive Neutrality”. c) The Department of Energy, Utilities and Sustainability “Best Practice

Management of Water Supply and Sewerage” guidelines.

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To the best of our knowledge and belief, these reports:

a) Present fairly the financial position and operating result for each of Council’s declared Business Units for the year, and

b) Accord with Council’s accounting and other records

The Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer be authorised attesting to the above and that they are not aware of any matter that would render the reports false or misleading in any way.

5. Council invite the auditor, The Morse Group, to present a formal report of the results to the Ordinary meeting of the Council on the 21 November 2011.

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew.

ITEM-25 FINAN - 10/10/11 - RETURNS UNDER SEC 449: LG ACT 1993 DISCLOSING INTERESTS OF COUNCILLORS AND DESIGNATED PERSONS

11-409 RESOLVED

THAT: 1. Council acknowledge the disclosures received under Section 449 of the Local

Government Act 1993 for the period 1 July 2010 to 30 June 2011 from all designated persons and seven Councillors;

2. Note that as at the due date of the return 30 September 2011 Councillors Joseph McGinnes and Martin Ticehurst had not submitted a disclosure under Section 449 of the Local Government Act 1993 for the period 1 July 2010 to 30 June 2011;

3. Reaffirm the following positions as ‘designated persons’ for the period 1 July 2010 to 30 June 2011; and

Group Manager Development & Environment Group Manager Operations Group Manager Community and Strategy Development Manager Finance Manager Water & Wastewater Manager Information Technology Manager Community & Culture Manager Tourism Manager Organisation Development Manager Works Engineer Team Leader Building Team Leader Planning Building & Development Officers (2)

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4. Council report to the Division of Local Government the returns not received from Councillor Ticehurst & Councillor McGinnes.

MOVED: Councillor W McAndrew SECONDED: Councillor W Marshall.

ITEM-26 FINAN - 10/10/11 - RENT OF 162 MORT ST, LITHGOW BY TRANSLINC

11-410 RESOLVED

THAT 1. Council provide a donation of $5,550 in the 2011/12 Management Plan to

TRANSLINC which is the equivalent of reducing the current market rental of 162 Mort St Lithgow, by $150.00 per week from 1 October 2011 to 30 June 2012 to $290.00 per week (GST inc). The arrangement be reviewed during 2012/13 Management Plan preparations; and

2. Council supports a submission to the State Government for additional funding for the service.

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew.

ITEM-27 FINAN - 10/10/11 - COUNCIL INVESTMENTS HELD 30 SEPTEMBER 2011

11-411 RESOLVED

THAT Investments of $13.361.618.87 for the period ending 30 September 2011 be noted.

MOVED: Councillor H K Fisher SECONDED: Councillor W Marshall.

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COMMITTEE MEETINGS

ITEM-28 OPER - 10/10/11 - SPORTS ADVISORY COMMITTEE MEETING - MINUTES 26TH SEPTEMBER 2011

11-412 RESOLVED THAT Council note the minutes of the Sports Advisory Committee meeting held on Monday, 26 September 2011.

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew.

ITEM-29 COMM - 10/10/11 - TOURISM ADVISORY COMMITTEE MEETING MINUTES - 6TH SEPTEMBER 2011

11-413 RESOLVED

THAT: 1. Notes the minutes of the Tourism Advisory Committee held 6 September 2011 2. Notes that the Lithgow Visitor Information Centre won the Visitor Information

Services Category of the Blue Mountains, Lithgow and Oberon Tourism Awards and will automatically be a finalist in the NSW Tourism Awards to be held 17 November 2011.

3. Notes that Ms Kellie Barrow received one of the 2012 Regional Tourism Ambassador Awards for the Blue Mountains, Lithgow and Oberon region.

4. Congratulates Lithgow Tourism staff on hosting the 2011 Blue Mountains, Lithgow and Oberon Tourism Awards and in winning the above category awards

MOVED: Councillor W Marshall SECONDED: Councillor R Thompson.

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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-10/10/11- COUNCILLOR H K FISHER Councillor Fisher raised the matter of the set of points to be unlocked by State Rail at their Lithgow State Railway site and requested Council to contact the RailCorp so they can be given proper access. 11-414 RESOLVED

THAT the matter of the Lithgow State Rail site be declared as urgent and dealt with at this meeting.

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew The Mayor declared the matter to be of great urgency in accordance with clause 241 of the Local Government (General) Regulations. 11-415 RESOLVED THAT Council contact the RailCorp to have the matter of the set of points at the

Eskbank Yard at the Lithgow State Railway Site be resolved as a matter of urgency, with a deputation to the relevant Minister if this matter can not be resolved by RailCorp.

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew

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UB - 10/10/11 - LITHGOW AGED CARE INC The General Manager raised the matter of Tanderra revamping their constitution and the need for Council to appoint a member to this Board. Important Meetings are to be held in the near future when a representative will be required. 11-416 RESOLVED

THAT the matter of the Tanderra constitution and appointment to the new Board of Lithgow Aged Care Inc be declared as urgent and dealt with at this meeting.

MOVED: Councillor N L Castle SECONDED: Councillor W McAndrew The Mayor declared the matter to be of great urgency in accordance with clause 241 of the Local Government (General) Regulations. 11-417 RESOLVED THAT Councillor R Thompson be appointed as a delegate to the Board of Lithgow

Aged Care Inc with the General Manager to be the alternate delegate. MOVED: Councillor N L Castle SECONDED: Councillor W McAndrew The meeting closed at 9:04pm.