Minutes of Ordinary Meeting 30 May 2011archive.lithgow.nsw.gov.au/minutes/11/110530_minutes.pdf · 2011-09-08 · 30TH MAY 2011 MINUTES - ORDINARY MEETING OF COUNCIL 2 QUESTIONS FROM

30TH MAY 2011 MINUTES - ORDINARY MEETING OF COUNCIL

LITHGOW CITY COUNCIL

A CENTRE OF REGIONAL EXCELLENCE

MINUTES

ORDINARY MEETING OF COUNCIL

HELD ON

30 MAY 2011

AT 7.00pm


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MINUTES OF THE CITY OF LITHGOW COUNCIL MEETING HELD AT THE CIVIC CENTRE, LITHGOW ON 30th MAY 2011

Meeting Commenced 7.00pm Public Forum: 43 PRESENT His Worship the Mayor Councillor Neville Castle Councillor H K Fisher Councillor R Thompson Councillor W McAndrew Councillor G Danaher Councillor J J McGinnes Councillor W Marshall Councillor C Hunter Councillor M F Ticehurst APOLOGIES NIL Also in attendance Mr Roger Bailey, General Manager Miss Casey Clarke, Minutes Secretary Mr Andrew Muir, Group Manager Environment and Development Ms Suzanne Lollback, Group Manager Community and Strategy Mr Iain Stewart, Group Manager Operations Mrs Carol Farnsworth, Finance Manager CONFIRMATION OF MINUTES Confirmation of the Minutes of the Ordinary Meeting of Council held on the 9th May 2011 were taken as read and confirmed by Councillors G Danaher and W Marshall with a change to Item 3 Notice of Motion - Councils Staging of the NSW and National Tidy Towns Awards in Lithgow be amended to read that Councillor McAndrew moved the Motion (not Councillor Ticehurst) and seconded by Councillor Fisher. 11-198 RESOLVED


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QUESTIONS FROM THE PUBLIC FORUM At 7.02pm Members of public gallery were invited to participate in the Public Forum Session. PF - 30/05/11 - CASSANDRA COLEMAN Mrs Coleman asked if Council was aware of the Industrial Relation Bill that was discussed in the State Parliament this week. Can Council advised what they will be able to do in relation to this bill for the local government area? The Mayor advised that the General Manager, Deputy Mayor and himself will be meeting with the State Member on Tuesday 31st May 2011 where this matter will be raised. PF - 30/05/11 - SNEZANDRA POTTER Mrs Potter made a statement in relation to Item 12, Lithgow District Workmen’s Club Limited and advised Council that none of the residents in this area have been notified of this application or the proposals. Mrs Potter would like to know what position this will put these residents in, with relation to the proposals such as the closing the laneway, access etc. There was no consultation with residents living in Inch Street and Tank Street. The Mayor advised that this matter has not been finalised as yet and if approved, consultation will be taking place with all residents within that area. PF - 30/05/11 - RON POTTER Mr Potter made a statement in relation to Item 12 Lithgow District Workmen’s Club Limited and advised that the plans have been drawn up for this proposal and are finalised, but still there has been no consultation. Is Council able to stop the laneway being called a “disused” laneway in the proposal as it is used by all residents in this area. The Mayor advised that the plans have not been submitted to Council as yet and once they are received, information will be circulated to all residents and advertising for the proposed section of laneway to be closed will take place and ratepayers will be able to make submissions on this matter. PF - 30/05/11 - VICKY JACOBS Made a statement in relation to the Hungry Jacks development and wanted to know how the exit from the development will affect residents including herself at 3 Stewart Street, Lithgow. The development also states that the Restaurant will be opened for 24 hours, so the lights on the restaurant will be on during this period, can Council advise how this will affect the residents nearby? The Group Manager Operations advised that the TALC is having an onsite meeting this week in relation to the access and many other concerns.


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The Group Manager advised he is happy to meet with resident’s onsite to discuss the issues and concerns that they may have. All submissions will be taken into consideration for this proposal, with another report from Council proposed to be presented at the 24th June 2011 Council Meeting. PF - 30/05/11 - CHRIS BIRD Mr Bird made a statement in relation to the Land Use Strategy and advised that many concerns have been raised by some residents on the strategy. The proposal for a change to 400ha restriction may cause further issues, should be left as it is. Mr Bird asked Council to look into all these matters very thoroughly, with a majority of ratepayers in favour of the existing laws. The Mayor advised that Mr Bird’s statement will be taken as a submission on the strategy and advised that all submissions and concerns will be taken very seriously by Council. PF - 30/05/11 - RON MURRAY 1. Mr Murray made a statement in relation to correspondence sent to Councillors from

constituents and asked whether there was a Council policy for making sure that Councillors respond to the correspondence.

The General Manager advised that there is not a Council policy and it is up to the individuals as to whether they respond or not. 2. Mr Murray made another statement regarding the fair market rent and asked

Council as to why an application for a lease of $1 a year is being considered tonight and does Council have a policy on all fair market rents?

The General Manager advised that Council had been for some time trying to encourage a university presence in Lithgow and that such a presence would have a good outcome for the community. 3. Mr Murray stated that a University would not provide a positive outcome for Lithgow

businesses.


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DECLARATION OF INTEREST His Worship the Mayor called for Declarations of Interest on any matter before the Meeting. Councillor N L Castle declared a Non Pecuniary less than significant Interest in item 14, due to being involved with many of the organisations considered within this report. He will vacate the role of Chairperson but will not vacate the Chambers, take part in the debate or vote. Councillor C Hunter declared a Non Pecuniary Interest in item 14, due to being the Chairman of the Rydal Showground Trust. He will vacate the Chambers.


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TABLE OF CONTENTS ITEM TITLE PAGE

NOTICES OF MOTION 6

ITEM: 1 NOTICE OF MOTION - 30/05/11 - REQUEST FOR FINANCIAL ASSISTANCE BY GORRIE BAN LITHGOW - COUNCILLOR M F TICEHURST

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GENERAL MANAGERS REPORTS 7

ITEM: 2 GM - 30/05/11 - CODE OF CONDUCT INVESTIGATION - COUNCILLOR MARTIN TICEHURST

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ITEM: 3 GM - 30/05/11 - QUARTERLY PERFORMANCE REPORT ON 2010/11 TO 2013/14 MANAGEMENT PLAN FOR THE PERIOD 1 JANUARY 2011 TO 31 MARCH 2011

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ITEM: 4 GM - 30/05/11 - PRODUCTIVITY COMMISSION'S INQUIRY - AUSTRALIA'S URBAN WATER SECTOR

10

ITEM: 5 GM - 30/05/11 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL DETERMINATION

10

ENVIRONMENT AND DEVELOPMENT REPORTS 12

ITEM: 6 ENVIRO - 30/05/11 - DEVELOPMENT APPLICATION 008/11DA HUNGRY JACKS RESTURANT - CNR GREAT WESTERN HIGHWAY / CAROLINE AVENUE / STEWART STREET LITHGOW - COMMUNITY LAND

12

ITEM: 7 ENVIRO - 30/05/11 - DEVELOPMENT APPLICATION / CONSTRUCTION CERTIFICATE 064/11 - CONSTRUCTION OF CHANGE ROOM TO EXISTING AMENITIES - SANDFORD AVENUE LITHGOW

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ITEM: 8 ENVIRO - 30/05/11 - LITHGOW GASWORKS SITE 13

ITEM: 9 ENVIRO - 30/05/11 - DEVELOPMENT APPLICATION / CONSTRUCTION CERTIFICATE 065/11 DACC CONSTRUCTION OF AMENITIES TO EXISTING HALL - SOUTH LITTLETON

13

OPERATION SERVICES REPORTS 15

ITEM: 10 OPER - 30/05/11 - WATER REPORT 15

ITEM: 11 OPER - 30/05/11 - PROPOSED WEST BOUND MARRANGAROO CREEK BRIDGE REPLACEMENT PROGRAMME - GREAT WESTERN HIGHWAY LITHGOW

15

ITEM: 12 OPER - 30/05/11 - LITHGOW AND DISTRICT WORKMEN'S CLUB LIMITED - PROPOSED ROAD CLOSURE AND PROPOSED

15


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DEVELOPMENT APPLICATION FOR A MOTEL

COMMUNITY AND STRATEGY REPORTS 17

ITEM: 13 COMM - 30/05/11 - DRAFT MANAGEMENT PLAN 2011/12 - 2014/15 17

ITEM: 14 COMM - 30/05/11 - SECTION 356 FINANCIAL ASSISTANCE TO COMMUNITY ORGANISATIONS

18

ITEM: 15 COMM - 30/05/11 - VACANT SHOPS LITHGOW CBD 20

ITEM: 16 COMM - 30/05/11 - APPLICATION TO REGIONAL DEVELOPMENT AUSTRALIA - UNIVERSITY OF WESTERN SYDNEY

21

FINANCE SERVICE REPORTS 22

ITEM: 17 FIN - 30/05/11 - GOODS AND SERVICES TAX CERTIFICATE 1ST MAY 2010 TO 30 APRIL 2011

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ITEM: 18 FIN - 30/05/11 - NEGOTIATION OF LOAN FUNDS OF $3,191,000 FOR THE 2010/11 LOAN BORROWING PROGRAM

22

COMMITTEE MEETINGS 23

ITEM: 19 COMM - 30/05/11 - TOURISM ADVISORY COMMITTEE MEETING MINUTES 10TH MAY 2011

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ITEM: 20 COMM - 30/05/11 - CRIME PREVENTION COMMITTEE MEETING MINUTES - 9TH MAY 2011

23

ITEM: 21 COMM - 30/05/11 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING 12TH MAY 2011

23

ITEM: 22 ENVIRO - 30/05/11 - ENVIRONMENTAL ADVISORY COMMITTEE MEETING MINUTES 13TH APRIL 2011

24

ITEM: 23 ENVIRO - 30/05/11 - CRYSTAL THEATRE MANAGEMENT COMMITTEE MINUTES 11TH MAY 2011

24

ITEM: 24 OPER - 30/05/11 - TRAFFIC AUTHORITY LOCAL COMMITTEE MEETING MINUTES 5TH MAY 2011

25

ITEM:25 COMM - 30/05/11 - SISTER CITY COMMITTEE MEETING 23RD MAY 2011

27

BUSINESS OF GREAT URGENCY 26

30 May 2011 MINUTES – ORDINARY MEETING OF COUNCIL

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NOTICES OF MOTION

ITEM: 1 NOTICE OF MOTION - 30/05/11 - REQUEST FOR FINANCIAL ASSISTANCE BY GORRIE BAN LITHGOW - COUNCILLOR M F TICEHURST

11-199 RESOLVED

THAT the information be received. MOVED: Councillor M F Ticehurst SECONDED: Councillor J J McGinnes.


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GENERAL MANAGERS REPORTS

ITEM:2 GM - 30/05/11 - CODE OF CONDUCT INVESTIGATION - COUNCILLOR MARTIN TICEHURST

MOTION

THAT Council adopt the recommendations of the Sole Conduct Reviewer in relation to a Code of Conduct complaint against Councillor Martin Ticehurst that:

Council finds that there are prima facie breaches of clause 6.3 of the Code by Councillor Martin Ticehurst for:

a) The contents of the email; b) The persons to whom the email was sent; or c) Both of the above.

That Council resolve that:

i) Council finds that Councillor Ticehurst breached the Code of Conduct in that he showed a lack of respect to the General Manager of Eurobodalla Council, Paul Anderson, by sending emails in December 2010 to the Eurobodalla Council concerning the General Manager’s tertiary qualifications (and employment);

ii) Councillor Ticehurst be required to make a formal apology in writing, within 28 days, to the General Manager of Eurobodalla Shire Council, Paul Anderson, for breaching the Lithgow Code of Conduct by not showing him respect in the circulation of the emails in December 2010 concerning his tertiary qualifications (and employment) and a copy of such apology to be provided to the General Manager of Lithgow City Council; and

iii) Council censure Councillor Ticehurst for breaching the Lithgow Code of Conduct.

MOVED: Councillor W McAndrew SECONDED: Councillor R Thompson. AMENDMENT

THAT the Council take no further action at this time on this Draft Code of Conduct Report until the Sole Code of conduct Reviewer, Mr Ian Woodward further investigates and provides a full disclosure and further report to council on the following matters raised by Councillor martin Ticehurst: 1. Why Councillor Ticehurst’s email to Mr Woodward dated 14 March 2011,

including attachments and his letter in reply to Councillor Ticehurst dated the 15 March 2011, were not submitted as evidence or reported upon in this Draft Code of Conduct Report?

2. Why Mr Woodward’s Draft Code of Conduct Report did not report upon the fact that Councillor Ticehurst’s original emails to Eurobadalla Shire Council of the 15 and the 18 December 2010, being the subject of the complaint, were clearly marked “Private & Confidential” and “Without Prejudice”?


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3. Why Mr Woodward’s Draft Code of Conduct Report did not report upon

Councillor Ticehurst’s email to the Eurobadalla Shire Council on the 29th December 2010, which was also clearly marked “Private & Confidential” and “Without Prejudice” and addressed to the “Council as a Whole”, with respect to Councillor Ticehurst’s original emails of the 15 and 18 December 2010.

4. Why Mr Woodward’s Draft Code of Conduct Report did not report upon the fact that the ICAC had received independent material evidence in support of the subject emails?

5. Why Mr Woodward’s Draft Code of Conduct Report did not report upon the fact that the Eurobadalla Shire Council, including their General Manager, Mr Paul Anderson and Eurobadalla Shire Councillors had all raised and publicly discussed and placed into the pubic domain the contents of the subject emails of complaint at the Eurobadalla Shire Council Meeting on Tuesday 21 December 2010 as “Business of Urgent Nature”?

6. Why Mr Woodward’s Draft Code of Conduct Report did not report upon the fact that the matters raised in the emails, subsequently caused the Eurobadalla Shire Council to re-publish on the 25 January 2011 on its Council website an Addendum to its original media release “Eurobadalla Shire Council appoints new General Manager” on the 2 May 2008?

7. Why Mr Woodward’s Draft Code of Conduct Report did not report upon the written contents as set out in the letter in the Draft Code of Conduct Report from the Lithgow City Council General Manager, Mr Roger Bailey dated 25 January 2011 to the Mayor of the Eurobadalla Shire Council, Clr Fergus Thomson, including in particular the “concerns” number 1 to 5 to the complainant, particularly given that Mr Thomson in his letter of the 24 December 2010 and the reply in response by Mayor Neville Castle on the 24 December 2010 made no mention of any formal complaint being made against Councillor Ticehurst under the Lithgow City Council Model Code of Conduct 2008?

8. Why Mr Woodward’s Draft Code of Conduct Report did not report upon the fact of a letter from the Eurobadalla Shire Council Mayor Fergus Thomson dated 18 February 2011, which failed to mention at all that Councillor Ticehurst’s emails put before the Eurobadalla Shire Council meeting on Tuesday 21 December 2010 and into the public domain, later caused him as the Mayor of the Eurobadalla Shire Council to subsequently re-publish on the 25 January 201 on its Council website an Addendum to its original media Release “Eurobadalla Shire Council appoints new General Manager” on 2 May 2008.

9. Why Mr Woodward’s Draft Code of Conduct Report did not report upon the fact that a Public Official of the Eurobadalla Shire Council meet with Public Officials of the Lithgow City Council as a private meeting in the Lithgow Valley on the weekend prior to the Eurobadalla Shire Council Ordinary Meeting held on Tuesday 21 December 2010 and what results of those discussions were and if any documents were exchanged arising out of the original emails of the 15 and 18 December 2010?

10. Why are these substantial legal costs of $10,861.90 in dealing with what appears to be in this case only a “desktop” Sole Code of Conduct Reviewer investigation so much?

MOVED: Councillor M F Ticehurst SECONDED: Councillor J J McGinnes.


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The AMENDMENT was PUT and declared LOST. 11-200 RESOLVED

THAT Council adopt the recommendations of the Sole Conduct Reviewer in relation to a Code of Conduct complaint against Councillor Martin Ticehurst that:

Council finds that there are prima facie breaches of clause 6.3 of the Code by Councillor Martin Ticehurst for:

d) The contents of the email; e) The persons to whom the email was sent; or f) Both of the above.

That Council resolve that:

iv) Council finds that Councillor Ticehurst breached the Code of Conduct in that he showed a lack of respect to the General Manager of Eurobodalla Council, Paul Anderson, by sending emails in December 2010 to the Eurobodalla Council concerning the General Manager’s tertiary qualifications (and employment);

v) Councillor Ticehurst be required to make a formal apology in writing, within 28 days, to the General Manager of Eurobodalla Shire Council, Paul Anderson, for breaching the Lithgow Code of Conduct by not showing him respect in the circulation of the emails in December 2010 concerning his tertiary qualifications (and employment) and a copy of such apology to be provided to the General Manager of Lithgow City Council; and

vi) Council censure Councillor Ticehurst for breaching the Lithgow Code of Conduct.

MOVED: Councillor W McAndrew SECONDED: Councillor R Thompson. A DIVISION was called by Councillors M F Ticehurst and J J McGinnes. FOR Councillor G Danaher Councillor N L Castle Councillor H K Fisher Councillor C Hunter Councillor W Marshall Councillor W McAndrew Councillor R Thompson AGAINST Councillor M F Ticehurst Councillor J J McGinnes


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ITEM: 3 GM - 30/05/11 - QUARTERLY PERFORMANCE REPORT ON 2010/11 TO 2013/14 MANAGEMENT PLAN FOR THE PERIOD 1 JANUARY 2011 TO 31 MARCH 2011

11-201 RESOLVED

THAT: 1. The surplus of $9,107 for the 2010/11 to 2013/14 Management Plan as detailed

in the Quarterly Performance Report for the period 1 January 2011 to 31 March 2011 be noted.

2. The Council notes that the Finance Manager, as the Responsible Accounting Officer has reviewed the statements and certifies as required by the Local Government (General) Regulation 2005, (s203) that Council's 2010/11 to 2013/14 Management Plan has been reviewed and the financial position of Council is satisfactory.

MOVED: Councillor G Danaher SECONDED: Councillor R Thompson. ITEM: 4 GM - 30/05/11 - PRODUCTIVITY COMMISSION'S INQUIRY - AUSTRALIA'S

URBAN WATER SECTOR 11-202 RESOLVED

THAT: 1. Council support the Centroc submission to the Australian Productivity

Commission in relation to its Draft Report on Australia’s Urban Water Sector; 2. Council write to the Federal Member in relation to this submission; and 3. Council hold an Information Session in the near future to discuss this matter

further, with an update on the Clarence Water Transfer System and Drought Works to also be discussed.

MOVED: Councillor H K Fisher SECONDED: Councillor G Danaher. ITEM: 5 GM - 30/05/11 - LOCAL GOVERNMENT REMUNERATION TRIBUNAL

DETERMINATION MOTION

THAT Council set: 1. Remuneration in 2011/12 for Councillors at $9,350; 2. Remuneration in 2011/12for the Mayor at $19,802; and 3. The 2011/12 car lease payable by the Mayor at $2,200.

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


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AMENDMENT THAT the amounts stay at the same levels as previous years. MOVED: Councillor M F Ticehurst SECONDED: Councillor J J McGinnes. The AMENDMENT was put and declared LOST. 11-203 RESOLVED

THAT Council set: 1. Remuneration in 2011/12 for Councillors at $9,350; 2. Remuneration in 2011/12for the Mayor at $19,802; and 3. The 2011/12 car lease payable by the Mayor at $2,200.

MOVED: Councillor W Marshall SECONDED: Councillor H K Fisher. A DIVISION was called by Councillors M F Ticehurst and J J McGinnes. FOR Councillor G Danaher Councillor H K Fisher Councillor C Hunter Councillor W Marshall Councillor W McAndrew Councillor R Thompson Councillor N L Castle AGAINST Councillor M F Ticehurst Councillor J J McGinnes


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ENVIRONMENT AND DEVELOPMENT SERVICES REPORTS

ITEM: 6 ENVIRO - 30/05/11 - DEVELOPMENT APPLICATION 008/11DA HUNGRY JACKS RESTAURANT - CNR GREAT WESTERN HIGHWAY / CAROLINE AVENUE / STEWART STREET LITHGOW - COMMUNITY LAND

MOTION

THAT Council: 1. Dedicate the strip of community land parallel to the Great Western Highway that

adjoins the Hungry Jack’s site as a public road pursuant to Section 10 of the Roads Act 1993

2. Cause the publication in the Government Gazette of a notice to that effect. 3. All costs associated with this process be met by the developer.

MOVED: Councillor W McAndrew SECONDED: Councillor R Thompson. AMENDMENT

THAT Council seek urgent advice from the Division of Local Government on what it should do in respect of this matter.

MOVED: Councillor M F Ticehurst SECONDED: Councillor J J McGinnes. The AMENDMENT was put and declared LOST. 11-204 RESOLVED

THAT Council: 1. Dedicate the strip of community land parallel to the Great Western Highway

that adjoins the Hungry Jack’s site as a public road pursuant to Section 10 of the Roads Act 1993

2. Cause the publication in the Government Gazette of a notice to that effect. 3. All costs associated with this process be met by the developer.

MOVED: Councillor W McAndrew SECONDED: Councillor R Thompson. A DIVISION was called by Councillors M F Ticehurst and J J McGinnes. FOR Councillor N L Castle Councillor G Danaher Councillor H K Fisher Councillor C Hunter Councillor W Marshall Councillor W McAndrew Councillor R Thompson AGAINST Councillor M F Ticehurst Councillor J J McGinnes


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ITEM: 7 ENVIRO - 30/05/11 - DEVELOPMENT APPLICATION / CONSTRUCTION CERTIFICATE 064/11 - CONSTRUCTION OF CHANGE ROOM TO EXISTING AMENITIES - SANDFORD AVENUE LITHGOW

11-205 RESOLVED

THAT: 1. Combined Development/Construction Certificate Application 064/11 be approved

subject to conditions specified in the attached Section 79C assessment. 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 H K Fisher. A DIVISION was called and the application was approved Unanimously. ITEM: 8 ENVIRO - 30/05/11 - LITHGOW GASWORKS SITE 11-206 RESOLVED

THAT: 1. The information contained in the report on the Lithgow Gasworks Site and

associated issues be received and noted; and 2. A briefing be provided to Councillors as to the future of the site.

MOVED: Councillor H K Fisher SECONDED: Councillor R Thompson. ITEM: 9 ENVIRO - 30/05/11 - DEVELOPMENT APPLICATION / CONSTRUCTION

CERTIFICATE 065/11 DACC CONSTRUCTION OF AMENITIES TO EXISTING HALL - SOUTH LITTLETON

11-207 RESOLVED

THAT: 1. Combined Development/Construction Certificate Application 065/11DACC be

approved subject to conditions specified in the attached Section 79C assessment.

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


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FOR Councillor G Danaher Councillor N L Castle Councillor H K Fisher Councillor C Hunter Councillor W Marshall Councillor W McAndrew Councillor R Thompson AGAINST Councillor J J McGinnes Councillor M F Ticehurst


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OPERATION SERVICES REPORTS

ITEM:10 OPER - 30/05/11 - WATER REPORT 11-208 RESOLVED

THAT the information in relation to water management issues be noted.

MOVED: Councillor W McAndrew SECONDED: Councillor H K Fisher. ITEM: 11 OPER - 30/05/11 - PROPOSED WEST BOUND MARRANGAROO

CREEK BRIDGE REPLACEMENT PROGRAMME - GREAT WESTERN HIGHWAY LITHGOW

11-209 RESOLVED

THAT: 1. Council note the report on the proposed West Bound Marrangaroo Creek

Bridge Replacement Programme 2. Council indicate it has no objections or comments in regards to the proposed

replacement of the West Bound Marrangaroo Creek Bridge on the Great Western Highway.

MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew. ITEM: 12 OPER - 30/05/11 - LITHGOW AND DISTRICT WORKMEN'S CLUB

LIMITED - PROPOSED ROAD CLOSURE AND PROPOSED DEVELOPMENT APPLICATION FOR A MOTEL

11-210 RESOLVED

THAT: 1. The proposal to close a unformed section of laneway as show in DP 3364

currently located in the car park of the Lithgow & District Workmen’s Club be approved

2. The proposal to create a new public laneway in conjunction with the demolition of 15 Tank St, possibly 17 Tank St and 4 & 6 Union St., subject to Development Approval, accessing the existing Tank St Lane from Union St be approved in principle.

3. All costs associated with the laneway closure and construction e the responsibility of the Lithgow and District Workmen’s Club.

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


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A DIVISION was called by Councillors H K Fisher and W McAndrew. FOR Councillor N L Castle Councillor G Danaher Councillor H K Fisher Councillor C Hunter Councillor W Marshall Councillor W McAndrew Councillor R Thompson AGAINST Councillor M F Ticehurst Councillor J J McGinnes


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COMMUNITY AND CORPORATE SERVICES REPORTS

ITEM: 13 COMM - 30/05/11 - DRAFT MANAGEMENT PLAN 2011/12 - 2014/15 11-211 RESOLVED

THAT: 1. Council notes the receipt of 7 submissions received prior to the closing date of

the combined Draft Management Plan 2011/12 – 2014/15 and Draft Operations Plan 2011/12 at 4.30pm on the 16 May 2011 and one received on 18 May 2011.

2. Council adopts the Lithgow City Council combined Draft Management Plan 2011/12 – 2014/15 and Draft Operations Plan 2011/12 with the following amendments:

a. The allocation for the Lithgow Golf Club be reduced to $10,000. b. $10,000 be allocated to the 2012 National Tidy Towns Awards subject to

their being held in Lithgow. c. $250,000 currently allocated in reserves be allocated to Hassans Walls

Reserve. d. The Museums and Galleries Expenditure for 2011/12 be reduced to

$6,000 from $12,000. e. Grant funding opportunities be investigated for Natural Resource

Management. f. ‘No Wood Collection’ signage be installed in Hassans Walls Reserve.

3. Council, in addition to the above and separately to the Management Plan

submissions: a. Advise Mingaan Aboriginal Corporation to submit an Events Plan and

apply for financial assistance to conduct annual activities such as NAIDOC, Sorry Day and Reconciliation Day.

b. Forward the matter of Inclusion of Mingaan Aboriginal Corporation in consultation regarding fire management to the Bush Fire Advisory Committee for consideration.

c. Forward the matter of Aboriginal Community Health Facilities and Services in Lithgow to the Sydney West Area Health Services

d. Forward the matter of the shortage of permanent aboriginal housing and hostel accommodation in the Lithgow area, as raised by Mingaan Aboriginal Corporation to the Department of Housing

e. Forward the matter of the involvement by Mingaan Aboriginal Corporation in educational programs for local schools to the Department of Education

f. Mingaan Aboriginal Corporation be invited to have input into the Lithgow Tourism Strategy.

g. Representatives of Mingaan Aboriginal Corporation be invited to attend a Councillor Information Session.

MOVED: Councillor G Danaher SECONDED: Councillor W Marshall.


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A DIVISION was called by Councillors G Danaher and H K Fisher. FOR Councillor N L Castle Councillor G Danaher Councillor H K Fisher Councillor C Hunter Councillor W Marshall Councillor W McAndrew Councillor R Thompson AGAINST Councillor M F Ticehurst Councillor J J McGinnes ITEM: 14 COMM - 30/05/11 - SECTION 356 FINANCIAL ASSISTANCE TO

COMMUNITY ORGANISATIONS Councillor C Hunter declared an interest and vacated the Chambers at 8.19pm Councillor N L Castle declared an interest and vacated the role of Chairperson at 8.19pm. He did not vacate the Chambers. The Deputy Mayor, Councillor W Marshall took over the role of Chairperson at 8.20pm. 11-212 RESOLVED

THAT: 1. Council adopts revised Policy 4.4, Financial Assistance Under Section 356 of the

Local Government Act as exhibited for 28 days until 4 April 2011. 2. Council provides Non-Recurrent Financial Assistance to the following

organisations in 2011/12

Applicant Name Project Name Amount

Recommended Lithgow Community Transport Rental Assistance

$2,000

Lithgow Community Transport Photocopier Replacement

$0

Rydal Village Association Daffodils At Rydal

$2,000

Portland Combined

New Curtains And Floor Sanding School Of Arts

$2,000


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Recommended Pensioners Association Lithgow Community Projects

Lithgow Cares Domestic Violence Campaign

$2,000

Lithgow Community Projects

Art for Youth Project $1,000

Community Drug Action Team C/- Lithgow Community Projects

Cinema under the Stars $1,000

Lithgow Community Projects

Rock Up Youth Events $1,000

Matthew Sharp Scholarship Fund

Educational Scholarships $2,000

Lithgow Fencing Academy

Equipment $0

Mingaan Aboriginal Corporation Administration Costs

$2,000

Lithgow District Car Club Rates Waiver

$800

Lithgow Legacy Operating Costs $1,000 Lifeline Central West

Volunteer Telephone Counsellor Training

$1,000

LINC Supported Playgroups $2,000 LINC Social Support Service $0 LINC Meals On Wheels $0 Gindaay Youth Centre Portland Homework Centre

$2,000

Rydal AH & P Society

Sponsorship Of Heavy Horse Section of Rydal Show

$500

Central Tablelands Industry Links Schools-Industry Links

$1,000

Wallerawang Lidsdale CWA Partial Rates Waiver

$800

Lithgow Highland Pipe Band Purchase New Glengarries

$1,000

Rydal Showground Trust

Upgrade Power Supply To Rydal Showground

$1,000

Lithgow City Band New Uniforms, New Music And Hall Maintenance

$1,000

State Mine Heritage Park Administrative Costs

$2,000

Friends Of Lithgow Set Up Costs For Historical $1,000


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Recommended District Museum Greater Lithgow Arts Council

Waiver Union Theatre Fees And Charges

$252

Portland Men's Shed Establish Workshop Facilities

$2,500

Lithgow Men's Shed Establishment Costs

$2,500

Mitchell Conservatorium

Sponsorship Of Student Scholarships

$800

Zig Zag School Kitchen Garden $1,000 Scouts Australia 1st Portland Scouts Camping

Program $800

Wallerawang Kids Club

Wallerawang Memorial Hall Fee Waiver

$700

Sailability Lake Wallace

Maintenance Of Craft and Insurance

$800

Lithgow Correctional Centre Naidoc Week Celebrations

$0

The Smith Family Learning For Life Program $3,000 Lithgow Flash Dragons Dragon Boat Purchase

$0

Gorrie Ban Seniors Week Concert $1,000 Fee Waivers throughout the year

$1,000

Total Applications

$44,452

MOVED: Councillor W McAndrew SECONDED: Councillor G Danaher. Councillor C Hunter returned to the Chambers at 8.22pm. Councillor NL Castle resumed his role of Chairperson at 8.22pm.


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ITEM: 15 COMM - 30/05/11 - VACANT SHOPS LITHGOW CBD 11-213 RESOLVED

THAT: 1. Council notes the information regarding the number of vacant shops on Main

Street, Lithgow between Bridge Street and Lithgow Street; and 2. A report / briefing be provided on the old shell petrol station site in Bridge Street,

Lithgow. MOVED: Councillor H K Fisher SECONDED: Councillor G Danaher.

ITEM: 16 COMM - 30/05/11 - APPLICATION TO REGIONAL DEVELOPMENT AUSTRALIA - UNIVERSITY OF WESTERN SYDNEY

MOTION

THAT Council: 1. Adopts in principle the draft conditions as outlined in this report for the future

leasing of the Hoskins Building by the University of Western Sydney for a University College Campus. The conditions include, in brief:

- Initial lease period of 20 years with an Option to Renew of two further periods of five years each

- Maximum period of tenancy under the lease to be 30 years. - Rent to be fixed at $1 per year for term of lease. - The Council (lessor) will maintain in a state of good condition and

serviceable repair the building and must fix structural defects - UWS (lessee) must otherwise maintain the property in its condition at the

commencement date and promptly do repairs needed to keep it in that condition.

2. Authorises the General Manager to negotiate final terms of leasing of the

Hoskins Building with the University of Western Sydney should funding be received for the building’s upgrade and fitout.

3. Authorises the fixing of the Council seal to the lease document. MOVED: Councillor G Danaher SECONDED: Councillor H K Fisher.


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AMENDMENT









3. Authorises the fixing of the Council seal to the lease document. 4. That such an offer remains open for 2 years

The AMENDMENT LAPSED due to want of a seconder. 11-214 RESOLVED









3. Authorises the fixing of the Council seal to the lease document. MOVED: Councillor G Danaher SECONDED: Councillor H K Fisher. A DIVISION was called by Councillors H K Fisher and G Danaher and was carried Unanimously.


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FINANCE SERVICE REPORTS

ITEM: 17 FIN - 30/05/11 - GOODS AND SERVICES TAX CERTIFICATE 1ST MAY 2010 TO 30 APRIL 2011

11-215 RESOLVED

THAT Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to sign the Goods and Services Tax Certificate for the period 1 May 2010 to 30 April 2011, $2,744,164 which states: “To assist compliance with Section 114 of the Commonwealth Constitution, we specify that:

Voluntary GST has been paid by Lithgow City Council for the period 1 July 2010 to 30 April 2011

Adequate management arrangements and internal controls were in place to enable the Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.

No GST non - compliance events by the Council were identified by or raised with the Australia Taxation Office”

MOVED: Councillor H K Fisher SECONDED: Councillor G Danaher. ITEM: 18 FIN - 30/05/11 - NEGOTIATION OF LOAN FUNDS OF $3,191,000 FOR

THE 2010/11 LOAN BORROWING PROGRAM 11-216 RESOLVED

THAT: 1. Council note the proposed drawdown of a loan of $3,191,000 as approved in

the 2010/11 Management Plan for the purpose of major Water and Wastewater infrastructure;

2. Council authorise the General Manager to negotiate with appropriate lending institutions to borrow funds;

3. Council authorise the affixing of the Common Seal pursuant to Section 220 of the Local Government Act 1993 to all documents pertaining to the loan; and

4. A report be prepared for a future meeting of Council advising of loan funds accepted.

MOVED: Councillor G Danaher SECONDED: Councillor H K Fisher.


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COMMITTEE MEETINGS

ITEM; 19 COMM - 30/05/11 - TOURISM ADVISORY COMMITTEE MEETING MINUTES 10TH MAY 2011

11-217 RESOLVED

THAT Council notes the minutes of the Tourism Advisory Committee held on 8 March 2011.

MOVED: Councillor W Marshall SECONDED: Councillor H K Fisher. ITEM: 20 COMM - 30/05/11 - CRIME PREVENTION COMMITTEE MEETING

MINUTES - 9TH MAY 2011 11-218 RESOLVED

THAT Council: 1. Notes the minutes of the Crime Prevention Committee meeting of 9 May 2011;

and 2. Endorses Councillor Wayne Marshall being appointed Chairperson of the

Committee following the resignation of Councillor Grahame Danaher. MOVED: Councillor W McAndrew SECONDED: Councillor H K Fisher.

ITEM: 21 COMM - 30/05/11 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MEETING 12TH MAY 2011

11-219 RESOLVED

THAT Council notes the minutes of the Economic Development Advisory Committee held on 12 May 2011.

MOVED: Councillor W McAndrew SECONDED: Councillor G Danaher.


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ITEM: 22 ENVIRO - 30/05/11 - ENVIRONMENTAL ADVISORY COMMITTEE

MEETING MINUTES 13TH APRIL 2011 11-220 RESOLVED

THAT Council: 1. Note the minutes of the Environmental Advisory Committee held 13 April 2011. 2. Facilitate a special meeting for the Environmental Advisory Committee in regard

to Land Use Planning and development of the Local Environment Plan. 3. Invites DECCW to present a Native Forestry Field Day within the Lithgow Local

Government Area. 4. Council officers provide information to the Environmental Advisory

Committee on issues relating to corporate sponsorship and on-costs should it seek the General Managers approval to employ a Bushland and Biodiversity Officer through external funding sources.

MOVED: Councillor H K Fisher SECONDED: Councillor C Hunter. ITEM: 23 ENVIRO - 30/05/11 - CRYSTAL THEATRE MANAGEMENT COMMITTEE

MINUTES 11TH MAY 2011 11-221 RESOLVED

THAT Council note the minutes of the Crystal Theatre Management Committee Meeting held on 15 February 2011.

MOVED: Councillor H K Fisher SECONDED: Councillor G Danaher.


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ITEM: 24 OPER - 30/05/11 - TRAFFIC AUTHORITY LOCAL COMMITTEE MEETING

MINUTES 5TH MAY 2011 11-222 RESOLVED

THAT Council: 1. Note the minutes of the Traffic Authority Local Committee held on 5 May 2011. 2. The existing No Stopping sign located on Williewa St Portland be inspected to

determine it if is the statutory 10 metres from the intersection of Wolgan and Williewa Streets and corrected if necessary.

3. The appropriate pedestrian signage shall be installed in the vicinity of the skate park in Lime, Laurie and Villiers St in Portland

4. The Kidney Kar Rally event be approved as per consent conditions. 5. The Traffic Management Plan for Lithgow Ironfest as per consent conditions be

approved. 6. “No Stopping – Vehicles under 6 metres excepted” signage and zone be

installed, starting at the residents letterbox of 1117 Great Western Highway through to 1111 Great Western Highway.

7. Children Crossing signage be erected on the approach to the Lithgow Conservatorium, that the No Entry signage into Wyld Street be audited and if the need be, extra “No Entry” signage will be installed, that the realignment of the kerb on Wyld and Longworth St be inspected by Council Engineers to determine if realignment is required.

8. TALC conduct an onsite meeting at the next TALC meeting of the proposed Hungry Jack’s Development.

9. Correspondence be sent to the member for Bathurst, Mr Paul Toole, seeking his nomination as a representative for the TALC Committee.

MOVED: Councillor H K Fisher SECONDED: Councillor G Danaher.

ITEM:25 COMM - 30/05/11 - SISTER CITY COMMITTEE MEETING 23RD MAY 2011

11-223 RESOLVED

THAT Council: 1. Signs the original sister city agreement (with minor grammatical changes); and 2. Write to Huainan City advising that any activities under this agreement shall be

by Council resolution and with budgets allocated by Council MOVED: Councillor H K Fisher SECONDED: Councillor W McAndrew.


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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 - 30/05/11 - COUNCILLOR W MCANDREW Councillor McAndrew made a statement in relation to possible assistance from the State Member in relation to changes by the now new government regarding the Industrial Relations Bill, as he believes that many will be affected by this bill and seeks that Council propose a motion to be presented at the meeting to be held on Tuesday 31st May 2011. 11-224 RESOLVED

THAT the matter of the changes to the Industrial Relations Bill be declared as urgent and dealt with at this meeting.

MOVED: Councillor G Danaher 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. 11-225 RESOLVED

THAT Council attempt through the Local Member, to have a urgent meeting with the Premier of the Minister for Industrial Relations to discuss this matter.

MOVED: Councillor W McAndrew SECONDED: Councillor H K Fisher The meeting closed at 8.45pm

Documents

Minutes of Ordinary Meeting 30 May 2011archive.lithgow.nsw.gov.au/minutes/11/110530_minutes.pdf · 2011-09-08 · 30TH MAY 2011 MINUTES - ORDINARY MEETING OF COUNCIL 2 QUESTIONS FROM