October 2011 Minutes wo Confidential - Central Darling Shire · Central Darling Shire Council –...

Mission Statement

To promote the Central Darling Shire area by encouraging development through effective leadership, community involvement and facilitation of services

Any public discussion of Council or Committee reports and recommendations is on the basis that such reports or recommendations do not have effect until adopted by a full meeting of Council.

CENTRAL DARLING

SHIRE COUNCIL

Minutes of the Ordinary Meeting

9:02am Tuesday 18th October 2011 at

Wilcannia

Council dedicated to serving its Communities.

Central Darling Shire Council – Ordinary Meeting – 18th October 2011

2 | P a g e 1 8 / 1 0 / 1 1

C e r t i f i e d a s t r u e a n d c o r r e c t G e n e r a l M a n a g e r & M a y o r

The above‐mentioned Meeting of Council was held in the Council Chambers, Wilcannia on Tuesday

18th October 2011 commencing at 9:02am.

ORDER OF BUSINESS

SECTION 1. RECEIPT OF APOLOGIES AND THE GRANTING OF LEAVE OF ABSENCE ................................................ 5

SECTION 2. PUBLIC ACCESS – QUESTIONS AND COMMENTS FROM THE PUBLIC .................................................. 7

SECTION 3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....................................................................... 7

3.1 Business Arising Out of Minutes ................................................................................................................... 7

3.2 Status of Council Resolutions – October 2011 ............................................................................................. 7

SECTION 4. DISCLOSURES OF INTEREST – PECUNIARY AND NON PECUNIARY ....................................................... 7

SECTION 5. MAYORAL MINUTES OR REPORT ......................................................................................................... 8

SECTION 6. NOTICE OF MOTIONS ........................................................................................................................... 8

SECTION 7. NOTICE OF RESCISSION MOTIONS ....................................................................................................... 8

SECTION 8. GENERAL MANAGER’S REPORT ........................................................................................................... 8

8.1 Information Items ........................................................................................................................................ 8

8.1.1 Destination 2036 Update ...................................................................................................................... 8

8.1.2 September 2012 Local Government Elections ...................................................................................... 8

8.1.3 PBP Review Action Plan Progress & Update ......................................................................................... 9

8.1.4 Integrated Planning & Reporting/Community Strategic Plan Progress Report .................................... 9

8.1.5 Status Of Mayoral Minute From September 2011 Council Meeting .................................................... 9

8.1.6 General Manager Activity/Meeting Schedule ....................................................................................... 9

8.2 Review of Audit Committee ......................................................................................................................... 9

8.3 Ward Boundary Review ................................................................................................................................ 9

8.4 Payment of Expenses and Provision of Facilities to Councillors ................................................................. 10

SECTION 9. MANAGER TECHNICAL AND ENGINEERING SERVICES REPORT .......................................................... 10

9.1 Information Items ...................................................................................................................................... 10

9.1.1 Remote Communities Water and Sewer Project ................................................................................ 10

9.1.2 Traffic Committee Meeting ................................................................................................................. 10


3 | P a g e 1 8 / 1 0 / 1 1


9.2 Roads Report .............................................................................................................................................. 10

9.3 Services Report ........................................................................................................................................... 11

9.4 Projects Report ........................................................................................................................................... 11

9.5 Driveways Report ....................................................................................................................................... 11

9.6 2011/2012 RTA Regional Road Block Grant ............................................................................................... 11

SECTION 10. MANAGER ENVIRONMENTAL SERVICES REPORT ............................................................................ 12

10.1 Information Items .................................................................................................................................... 12

10.1.1 Wilcannia Waste Operator ............................................................................................................... 12

10.1.2 Old Wilcannia Post Office ................................................................................................................. 12

10.1.3 LEP Update ........................................................................................................................................ 12

10.1.4 Pool Attendants ................................................................................................................................ 12

10.2 Victory Caravan Park ................................................................................................................................ 12

10.3 Draft Public Health Regulations 2011....................................................................................................... 13

10.4 Temporary Licence – Menindee Common ............................................................................................... 13

10.5 Temporary Licence – Menindee Racecourse ........................................................................................... 14

10.6 Sunset Strip – Lake Menindee Plantation Reserve Trust ......................................................................... 14

10.7 Alcohol Free Zones – Menindee & Ivanhoe ............................................................................................. 14

SECTION 11. FINANCE MANAGER’S REPORT ........................................................................................................ 15

11.1 Investments .............................................................................................................................................. 15

11.2 Rates Collection Statement ...................................................................................................................... 15

11.3 Annual Financial Reports .......................................................................................................................... 15

11.3.1 Statement By Council and Management .......................................................................................... 15

11.3.2 Annual Financial Reports 2010/2011 ................................................................................................ 16

SECTION 12. CORRESPONDENCE .......................................................................................................................... 16

12.1 Media Releases ........................................................................................................................................ 16

12.2 Circulars/Newsletters ............................................................................................................................... 16

SECTION 13. THE RECEPTION OF REPORTS FROM COMMITTEES ......................................................................... 16


4 | P a g e 1 8 / 1 0 / 1 1


SECTION 14. DELEGATES’ REPORTS ...................................................................................................................... 18

SECTION 15. QUESTIONS WITH NOTICE ............................................................................................................... 18

15.1 Cr Brown ................................................................................................................................................... 18

SECTION 16. URGENT BUSINESS ........................................................................................................................... 18

SECTION 17. CONFIDENTIAL MEETING ................................................................................................................. 18

17.1 Operation Jarek – ICAC Inquiry Into Public Agencies .................................. Error! Bookmark not defined.

17.2 Statement of Claim – Former Employee .................................................... Error! Bookmark not defined.

17.3 Statement of Claim – Former Contractor .................................................... Error! Bookmark not defined.

17.4 Wilcannia Safehouse Responsibility Transfer .............................................. Error! Bookmark not defined.

SECTION 18. FIXING DATES AND VENUES FOR NEXT MEETING ............................................................................ 21


5 | P a g e 1 8 / 1 0 / 1 1


A minute’s silence was held in memory of the Late Janet Hayes, Councillor from Kempsy Shire Council.

SECTION 1. RECEIPT OF APOLOGIES AND THE GRANTING OF LEAVE OF

ABSENCE

PRESENT:

Councillors:

Ray Longfellow

Paul Brown

Moya Reid

Clive Linnett

Peter Sullivan

Lorraine Looney

Eamon Sammon

Graham Wellings

ALSO PRESENT:

Tim Drew General Manager

Reece Wilson Manager Technical and Engineering Services

Jeff Forster Finance Manager

Mel Scott Executive Manager

APOLOGIES:

Councillor Page

Leeanne Ryan Manager Environmental Services

MOTION CARRIED

MOVED CLR SULLIVAN / CLR SAMMON

1-10-11 resolved


6 | P a g e 1 8 / 1 0 / 1 1


That the apology be received and noted from Councillor Page and leave of absence be granted.


7 | P a g e 1 8 / 1 0 / 1 1


SECTION 2. PUBLIC ACCESS – QUESTIONS AND COMMENTS FROM THE

PUBLIC

Nil

SECTION 3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

MOTION CARRIED

MOVED CLR WELLINGS / CLR REID

2-10-11 resolved

That the minutes of the Ordinary Meeting of the Council held on the 20th September 2011, copies of which were circulated to all Councillors, be taken as read and confirmed as a correct record of the proceedings of the Meeting.

3.1 BUSINESS ARISING OUT OF MINUTES

MOTION CARRIED

MOVED CLR BROWN / CLR WELLINGS

3-10-11 resolved

That Council move to Public Access.

Mr John Elliott addressed Council regarding the National Party Conference where the issue of sealing the Cobb Highway was raised. Mr Elliott had meeting with various ministers who all noted that there are no funds available for this project in the current budget, but there is a possibility that funds maybe made available in the 2012/2013 budget. He noted that he will be continuing to actively pursue this issue.

Mr Elliott also a requested a status update on the transfer of a motor vehicle and the level of outstanding rates.

3.2 STATUS OF COUNCIL RESOLUTIONS – OCTOBER 2011

SECTION 4. DISCLOSURES OF INTEREST – PECUNIARY AND NON

PECUNIARY

Nil


8 | P a g e 1 8 / 1 0 / 1 1


SECTION 5. MAYORAL MINUTES OR REPORT

This past month I have had very limited duties as on two occasions when planned to represent Council, wet road conditions have hindered my presence.

However, on Wednesday 12th October I attended a Work Health and Safety Legislation workshop in Cobar together with the General Manager, the Rates Officer, Deputy Mayor and Councillors Brown, Reid and Looney. This workshop proved very valuable to all who attended and gave an insight into the new and revised practices that will become law as from the 1st January 2012. The forum was presented by staff from Statecover, Workcover and the Local Government and Shires Association of NSW.

Some of the issues covered were the safe working from home requirements, the imperative need to provide a safe working environment for all employees and contractors responsibilities in ensuring the safe presentation of all machinery that is operated. That Council is responsible for ensuring that contractors meet the safety requirements both in operation of machinery and the personnel that operate such machines.

It was interesting to note that it will no longer be necessary to obtain a level of competency to operate a bobcat, front end loader or backhoe as has been a compulsory requirement in the past. The onus now rests with the Council/owner to ensure a level of competency in the operation of this type of machinery.

SECTION 6. NOTICE OF MOTIONS

Nil

SECTION 7. NOTICE OF RESCISSION MOTIONS

Nil

SECTION 8. GENERAL MANAGER’S REPORT

MOTION CARRIED

MOVED CLR LINNETT / CLR WELLINGS

4-10-11 resolved

That the General Manager’s report be dealt with.

8.1 INFORMATION ITEMS

8.1.1 DESTINATION 2036 UPDATE

8.1.2 SEPTEMBER 2012 LOCAL GOVERNMENT ELECTIONS


9 | P a g e 1 8 / 1 0 / 1 1


8.1.3 PBP REVIEW ACTION PLAN PROGRESS & UPDATE

8.1.4 INTEGRATED PLANNING & REPORTING/COMMUNITY STRATEGIC PLAN PROGRESS

REPORT

8.1.5 STATUS OF MAYORAL MINUTE FROM SEPTEMBER 2011 COUNCIL MEETING

8.1.6 GENERAL MANAGER ACTIVITY/MEETING SCHEDULE

MOTION CARRIED

MOVED CLR LINNETT / CLR SAMMON

5-10-11 resolved

That the General Manager’s Information Items report be received and noted.

8.2 REVIEW OF AUDIT COMMITTEE

MOTION CARRIED

MOVED CLR BROWN / CLR SULLIVAN

6-10-11 resolved

That the Review of Audit Committee report be received.

Councillor Sammon left the Chambers at 9:42am, returning at 9:43am

8.3 WARD BOUNDARY REVIEW

MOTION CARRIED

MOVED CLR LINNETT / CLR WELLINGS

7-10-11 resolved

That Council maintain its current ward structure and undertake a ward boundary review in accordance with Section 211 of the Local Government Act 1993.

That Council seek a four week extension to the 30 December 2011 timeframe for the submission of its ward boundary report to the NSW Electoral Commission.


10 | P a g e 1 8 / 1 0 / 1 1


8.4 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS

MOTION CARRIED

MOVED CLR LINNETT / CLR REID

8-10-11 resolved

That the Payment of Expenses and Provision of Facilities to Councillors Policy and Report be presented to the November meeting of Council.

SECTION 9. MANAGER TECHNICAL AND ENGINEERING SERVICES

REPORT

MOTION CARRIED

MOVED CLR SULLIVAN / CLR WELLINGS

9-10-11 resolved

That the Manager Technical and Engineering Services report be dealt with.


9.1.1 REMOTE COMMUNITIES WATER AND SEWER PROJECT

9.1.2 TRAFFIC COMMITTEE MEETING

MOTION CARRIED

MOVED CLR SULLIVAN / CLR SAMMON

10-10-11 resolved

That the Manager Technical and Engineering Services Information Items report be received and noted.

9.2 ROADS REPORT

MOTION CARRIED



11 | P a g e 1 8 / 1 0 / 1 1


11-10-11 resolved

That the Roads Report be received and noted.

9.3 SERVICES REPORT

MOTION CARRIED

MOVED CLR SULLIVAN / CLR LINNETT

12-10-11 resolved

That the Services Report be received and noted.

Meeting adjourned at 10:34am, resuming at 11:01am

9.4 PROJECTS REPORT

MOTION CARRIED


13-10-11 resolved

That the Projects Report be received and noted.

9.5 DRIVEWAYS REPORT

MOTION CARRIED

MOVED CLR LOONEY / CLR LINNETT

14-10-11 resolved

That Council not maintain private driveways unless it is clearly in the public interest as determined by Council.

9.6 2011/2012 RTA REGIONAL ROAD BLOCK GRANT

MOTION CARRIED

MOVED CLR LINNETT / CLR SULLIVAN

15-10-11 resolved

That Council authorise the General Manager to sign the 2011/2012 RTA Regional Road Block Grant Agreement form.


12 | P a g e 1 8 / 1 0 / 1 1


SECTION 10. MANAGER ENVIRONMENTAL SERVICES REPORT

MOTION CARRIED


16-10-11 resolved

That the Manager Environmental Services report be dealt with.


10.1.1 WILCANNIA WASTE OPERATOR

10.1.2 OLD WILCANNIA POST OFFICE

10.1.3 LEP UPDATE

10.1.4 POOL ATTENDANTS

MOTION CARRIED


17-10-11 resolved

That the Manager Environmental Services Information Items report be received and noted.

10.2 VICTORY CARAVAN PARK

MOTION CARRIED

MOVED CLR WELLINGS / CLR BROWN

18-10-11 resolved

That the Victory Park Caravan Park report be received and noted, and further,

That Council endorse the actions of staff to implement emergency steps to ensure the park remains open and operational, and

That Council advertise for expressions of interest for the future leasing of the Victory Park for a period of 30 days, and


13 | P a g e 1 8 / 1 0 / 1 1


That a further report be presented to Council after the closing date for expressions of interest.

10.3 DRAFT PUBLIC HEALTH REGULATIONS 2011

MOTION CARRIED

MOVED CLR BROWN / CLR REID

19-10-11 resolved

That the Draft Public Health Regulations 2011 report be received and noted.

10.4 TEMPORARY LICENCE – MENINDEE COMMON

MOVED CLR REID / CLR LOONEY

That the Temporary Licence – Menindee Common report be received and noted, and further, That the Council resolve to enter into a temporary licence with Mr T Woodman for use of part of the Menindee Common for the purpose of shade for stock for a further twelve month period with the inclusion of the following condition – that the land not be stocked for a least 12 months, subject to seasonal conditions remaining favourable.

CLR BROWN MOVED AN AMENDMENT/CLR SULLIVAN SECONDED THE AMENDMENT

The amendment became the motion

MOTION CARRIED

20-10-11 resolved

That the Temporary Licence – Menindee Common report be received and noted, and further,

That the Council resolve to enter into a temporary licence with Mr T Woodman for use of part of the Menindee Common for a further twelve month period with the inclusion of the following condition – that the land not be stocked for a least 12 months, subject to seasonal conditions remaining favourable.


14 | P a g e 1 8 / 1 0 / 1 1


10.5 TEMPORARY LICENCE – MENINDEE RACECOURSE

MOTION CARRIED

MOVED CLR WELLINGS / CLR SULLIVAN

21-10-11 resolved

That the Temporary Licence – Menindee Racecourse report be received and noted, and further,

That the temporary licence between Mr W. Marsden and the Menindee Racecourse Reserve Trust be renewed for a period of 12 months for the use of the Menindee Racecourse under the current licence arrangements as noted in the above report.

10.6 SUNSET STRIP – LAKE MENINDEE PLANTATION RESERVE TRUST

MOTION CARRIED


22-10-11 resolved

That Council inform the NSW Primary Industries that the decision taken at the September meeting of Council will stand and that Council not continue in this role as Trust Manager.

10.7 ALCOHOL FREE ZONES – MENINDEE & IVANHOE

MOTION CARRIED

MOVED CLR BROWN / CLR REID

23-10-11 resolved

That the Alcohol Free Zones report be received and noted, and further,

That Council prepares and implements a proposal to reinstate the Alcohol Free Zones in Menindee & Ivanhoe in the same locations as the expired zones, and also include the abovementioned extension areas as requested by the police and as detailed in the above report.


15 | P a g e 1 8 / 1 0 / 1 1


SECTION 11. FINANCE MANAGER’S REPORT

MOTION CARRIED


24-10-11 resolved

That the Finance Manager’s report be dealt with.

11.1 INVESTMENTS

MOTION CARRIED


25-10-11 resolved

That the Schedule of Investments Report for September 2011 be received and adopted.

11.2 RATES COLLECTION STATEMENT

MOTION CARRIED


26-10-11 resolved

That the Rates Collection Report for September 2011 be received and adopted.

11.3 ANNUAL FINANCIAL REPORTS

11.3.1 STATEMENT BY COUNCIL AND MANAGEMENT

MOTION CARRIED

MOVED CLR LINNETT / CLR SULLIVAN

27-10-11 resolved

That Council formally resolve to sign the Statement by Council and Management and present the 2010-2011 Annual Financial Reports for external audit.


16 | P a g e 1 8 / 1 0 / 1 1


11.3.2 ANNUAL FINANCIAL REPORTS 2010/2011

MOTION CARRIED

MOVED CLR WELLINGS / CLR LINNETT

28-10-11 resolved

That the Annual Financial Reports for the financial year 2010-2011 be formally presented and adopted.

SECTION 12. CORRESPONDENCE

MOTION CARRIED

MOVED CLR LOONEY/ CLR LINNETT

29-10-11 resolved

That the Correspondence for Council be received and noted.

12.1 MEDIA RELEASES

12.2 CIRCULARS/NEWSLETTERS

SECTION 13. THE RECEPTION OF REPORTS FROM COMMITTEES

MOTION CARRIED

MOVED CLR LINNETT / CLR BROWN

30-10-11 resolved

That the Reception of Reports from Committees be dealt with.

MOTION CARRIED

MOVED CLR BROWN/ CLR LOONEY

31-10-11 resolved

That the MANEX meeting minutes dated 12th September 2011 be received and noted.

MOTION CARRIED



17 | P a g e 1 8 / 1 0 / 1 1


32-10-11 resolved

That the MANEX meeting minutes dated 19th September 2011 be received and noted.

MOTION CARRIED


33-10-11 resolved

That the Audit Committee meeting minutes dated 19th September 2011 be received and noted.

MOTION CARRIED

MOVED CLR WELLINGS / CLR BROWN

34-10-11 resolved

That the White Cliffs Works Committee meeting minutes dated 5th October 2011 be received and noted.

MOTION CARRIED

MOVED CLR REID / CLR BROWN

35-10-11 resolved

That the Wilcannia Works Committee meeting minutes dated 5th October 2011 be received and noted.

MOTION CARRIED

MOVED CLR WELLINGS / CLR REID

36-10-11 resolved

That the Menindee Works Committee meeting minutes dated 6th October 2011 be received and noted.

MOTION CARRIED

MOVED CLR LINNETT/ CLR SULLIVAN

37-10-11 resolved


18 | P a g e 1 8 / 1 0 / 1 1


That the Ivanhoe Works Committee meeting minutes dated 7th October 2011 be received and noted.

SECTION 14. DELEGATES’ REPORTS

Councillor Linnett provided Council with a verbal delegates’ report regarding his attendance at the Long Paddock Annual General Meeting held on Tuesday 4th October. He noted that the Project Officer will be in contact shortly with the General Manager to discuss the Long Paddock and tourism opportunities.

He also noted that the installation of a toilet at the ‘big tree’ on the Cobb Highway between Wilcannia and Ivanhoe is still on the Agenda.

SECTION 15. QUESTIONS WITH NOTICE

MOTION CARRIED

MOVED CLR REID / CLR SULLIVAN

38-10-11 resolved

That the Councillors’ Questions with Notice be received and noted.

15.1 CR BROWN

SECTION 16. URGENT BUSINESS

Councillor Reid requested a full report on sale a motor vehicle be presented to the November meeting of Council.

Councillor Reid also informed the Council of the MOU between Menindee Central School and Lingfield West School that she was requested to sign by the MCS on behalf of Council.

The GM noted that at this stage no one from Council will be signing the document as this request has not been formally presented to Council.

SECTION 17. CONFIDENTIAL MEETING

MOTION CARRIED

MOVED CLR REID / CLR WELLINGS

39-10-11 resolved


19 | P a g e 1 8 / 1 0 / 1 1


That Council formally close the meeting to the public to discuss matters in accordance with Section 10A (2) of the Local Government Act, 1993.

All Staff remained in the Chambers

All Senior Staff left the Chambers at 12:41pm, the General Manager remained in the Chambers

All Senior Staff returned to the Chambers at 12:50pm

MOTION CARRIED

MOVED CLR SULLIVAN / CLR BROWN

44-10-11 resolved

That Council move back into Open Council.

MOTION CARRIED


45-10-11 resolved

That all decisions passed in Closed Council be made Public.

40-10-11 resolved

That Council receive and note the confidential report “Operation Jarek – ICAC Inquiry into Public Agencies” and authorise the General Manager to respond on Council’s behalf to the letter from the Independent Commission Against Corruption dated 7 October 2011.

41-10-11 resolved


20 | P a g e 1 8 / 1 0 / 1 1


That Council receive and note the confidential report “Statement of Claim – Former Employee” and delegate authority to the General Manager to make a decision to defend the claim by Ms. Rebecca Shillingsworth for underpaid wages, overtime and allowances; following the receipt of legal and other advice and having taken into account all other relevant factors.

42-10-11 resolved

That Council receive and note the confidential report “Statement of Claim – Former Contractor.

43-10-11 resolved

That the Finance Manager’s confidential report – Wilcannia Safehouse Responsibility Transfer, be received and noted.

MOTION CARRIED


46-10-11 resolved

That the confidential Minutes of the Ordinary Meeting of the Council held on the 20th September 2011, copies of which were circulated to all Councillors be taken as read and confirmed as a correct record of the proceedings of the Meeting.


21 | P a g e 1 8 / 1 0 / 1 1


SECTION 18. FIXING DATES AND VENUES FOR NEXT MEETING

The next meeting of Council will be held on the 15th November 2011 in White Cliffs commencing at 9:00am.

There being no further business, Council meeting closed at 1:09pm

October Council Minutes Certified as True and Correct

Mayor

Councillor Ray Longfellow

General Manager

Mr Tim Drew

October 2011 Minutes wo Confidential - Central Darling Shire · Central Darling Shire Council –...

Documents

Transcript of October 2011 Minutes wo Confidential - Central Darling Shire · Central Darling Shire Council –...