MINUTESarchive.lithgow.nsw.gov.au/minutes/16/161212-minutes.pdfTHAT Council resume standing orders...

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

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


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.


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


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


21


21

NOTICE OF MOTION 22

ITEM-20 NOTICE OF MOTION - 12/12/16 - LITHGOW CITY COUNCIL CODE OF MEETING PRACTICE - ‘IN MEMORIAM’

22


23


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


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


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.


MOVED: Councillor G Cox SECONDED: Councillor S Ring.


The Amendment was PUT and LOST

16 – 244 RESOLVED


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.


MOVED: Councillor M F Ticehurst SECONDED: Councillor R Thompson. CARRIED


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



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


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


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.


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


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


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


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


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


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.


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.


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


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


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


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



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


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.


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.



REPORT BY: COUNCILLOR C COLEMAN Item 21 was dealt with earlier in the meeting.


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)


(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


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.



MOVED: Councillor S Lesslie SECONDED: Councillor W McAndrew. CARRIED


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.



16 – 272 RESOLVED

THAT Council adopt the recommendations of the closed Council.

MOVED: Councillor W McAndrew SECONDED: Councillor M Statham CARRIED


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.

MINUTESarchive.lithgow.nsw.gov.au/minutes/16/161212-minutes.pdfTHAT Council resume standing orders...

Documents

Transcript of MINUTESarchive.lithgow.nsw.gov.au/minutes/16/161212-minutes.pdfTHAT Council resume standing orders...