SHIRE COUNCIL - Central Darling Shire€¦ · That the minutes of the Ordinary Meeting of the Council held on the 15th November 2011, copies of which were circulated to all Councillors,

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

Tuesday 20th December 2011 at

Wilcannia

Council dedicated to serving its Communities.

Central Darling Shire Council – Draft Minutes of the Ordinary Meeting – 20th December 2011

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The above-mentioned Meeting of Council was held in the Council Chambers, Wilcannia on Tuesday 20th December 2011 commencing at 9.03am.

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 .................................................. 5

SECTION 3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ....................................................................... 6

3.1 Business Arising from Minutes ..................................................................................................................... 8

3.2 Status of Council Resolutions – November 2011 ......................................................................................... 8

SECTION 4. DISCLOSURES OF INTEREST – PECUNIARY AND NON PECUNIARY ....................................................... 8

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

SECTION 6. NOTICE OF MOTIONS ........................................................................................................................... 9

SECTION 7. NOTICE OF RESCISSION MOTIONS ..................................................................................................... 12

SECTION 8. GENERAL MANAGER’S REPORT ......................................................................................................... 12

8.1 INFORMATION ITEMS .......................................................................................................................... 12

8.1.1 PBP REVIEW ACTION PLAN PROGRESS & UPDATE ................................................................ 12

8.1.2 INTEGRATED PLANNING & REPORTING/COMMUNITY STRATEGIC PLAN PROGRESS REPORT ....................................................................................................................................................... 12

8.1.3 LATE REPORTS 13

8.1.4 GENERAL MANAGER ACTIVITY/MEETING SCHEDULE ........................................................... 13

8.2 IVANHOE GOLF CLUB SUPPORT ......................................................................................................... 13

8.1 INFORMATION ITEMS CONTINUED ................................................................................................... 13

8.1.5 DIVISION OF LOCAL GOVERNMENT MEETING ........................................................................ 14

8.1.6 S355 COMMITTEE – WILCANNIA WEIR COMMITTEE ............................................................ 14

8.1.7 SUNSET STRIP PROGRESS ASSOCIATION ................................................................................. 14

8.1.8 CITY OF RYDE PARTNERSHIP AGREEMENT .............................................................................. 14

8.3 2012 COUNCIL MEETING SCHEDULE ................................................................................................ 14

8.4 AUDIT COMMITTEE REVIEW AND PAYROLL AUDIT ....................................................................... 15

8.5 S355 COMMITTEE- MENINDEE-POONCARIE ROAD ....................................................................... 15

8.6 MURRAY DARLING BASIN PLAN ......................................................................................................... 16


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8.7 ONE ASSOCIATION –LOCAL GOVERNMENT ASSOCIATION OF NSW AND THE SHIRES ASSOCIATION OF NSW ................................................................................................................................ 16

8.8 BOURKE SHIRE COUNCIL- SOCIAL REFORM IN LESS ADVANTAGED COMMUNITIES ............. 16

SECTION 9. MANAGER TECHNICAL AND ENGINEERING SERVICES REPORT .......................................................... 17

9.1 Information Items ...................................................................................................................................... 17

9.2 2011/12 Plant Replacement Program ........................................................................................................ 17

SECTION 10. MANAGER ENVIRONMENTAL SERVICES REPORT ............................................................................ 18

10.1 Information Items .................................................................................................................................... 18

10.2 Environmental Services Department Statistics for November 2011 ........................................................ 18

10.3 Development applications ....................................................................................................................... 18

10.4 Opal Pioneer caravan & camping tourist park – fees changes ................................................................. 19

10.5 Temporary licence – R, E, M & K Holdaway, extension to temporary common, menindee .................... 19

10.6 ALCOHOL FREE ZONES – Menindee and Ivanhoe ..................................................................................... 19

10.7 SHEPHERDING WATER FOR THE ENVIRONMENT ..................................................................................... 20

10.8 REVIEW OF PAROO RIVER INTERGOVERNMENTAL AGREEMENT............................................................. 20

10.9 Development application – 34-36 Reid Street, Wilcannia ....................................................................... 20

SECTION 11. FINANCE MANAGER’S REPORT ........................................................................................................ 25

11.1 INVESTMENTS ...................................................................................................................................... 25

11.2 RATES COLLECTION STATEMENT .................................................................................................... 26

11.3 OUTSTANDING DEBT PAID ................................................................................................................ 26

11.4.1 FUNDING AGREEMENTS WITH DEPARTMENT OF TRANSPORT RE COMMUNITY ACCESS BUS SERVICES................................................................................................................................................ 26

11.4.2 SERVICE CONTRACT WITH BUS OPERATORS UNDER THE COMMUNITY ACCESS HEALTH RELATED TRANSPORT PROGRAM ............................................................................................................. 27

SECTION 12. CORRESPONDENCE .......................................................................................................................... 27

SECTION 13. THE RECEPTION OF REPORTS FROM COMMITTEES ......................................................................... 28

SECTION 14. DELEGATES’ REPORTS ...................................................................................................................... 29

SECTION 15. QUESTIONS WITH NOTICE ............................................................................................................... 29

15.1 Cr Brown ................................................................................................................................................... 29


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15.2 Cr Reid ...................................................................................................................................................... 31

SECTION 16. URGENT BUSINESS ........................................................................................................................... 32

SECTION 17. CONFIDENTIAL MEETING ................................................................................................................. 32

17.1 VICTORY Park caravan park – expressions of interest .............................................................................. 33

17.2 ALLEGED POLLUTION INCIDENT - MENINDEE .............................................................................. 33

17.3 POTENTIAL TRANSFER OF AUSPICING OF MANAGEMENT OF HEALTH BUS SERVICES ....... 33

17.4 AUSTRALIA DAY AWARDS NOMINATIONS 2012 .......................................................................... 34

17.5 GENERAL MANAGER’S KEY PERFORMANCE INDICATORS ......................................................... 35

17.6 ORGANISATIONAL STRUCTURE ........................................................................................................ 35

17.7 STATEMENT OF CLAIM – FORMER EMPLOYEE ............................................................................. 36

17.8 SEALING TENDER BSC 12/13 ............................................................................................................ 36

SECTION 18. DATE AND VENUE FOR NEXT MEETING ........................................................................................... 37


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

PRESENT:

Councillors:

Ray Longfellow (Mayor)

Moya Reid (Deputy Mayor)

Paul Brown

Clive Linnett

Peter Sullivan

Lorraine Looney

Eamon Sammon

Graham Wellings

Ron Page

ALSO PRESENT:

Tim Drew General Manager

Reece Wilson Manager Technical and Engineering Services

Leeanne Ryan Manager Environmental Services

Adelaide Elliott Executive Assistant

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

MOTION CARRIED

MOVED CLR BROWN / CLR WELLINGS

1-12-11 resolved

That standing orders be suspended.

Standing orders suspended at 9:03am


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Bill Elliott addressed Council about his attendance at the 3rd community engagement forum held in Wilcannia, he commended Council on how well run the forums were and hoped that some of the topics raised would be implemented. Mr Elliott also raised his concerns about the new town entrance signs into Wilcannia, commenting that there isn’t the word “Welcome” located anywhere on the sign. Mr Elliott also noted that there were other aspects of the sign that he didn’t approve of.

Clr Longfellow noted that the designs had been out for 28 days public exhibition before selection.

Graham Hill from JLT addressed Council about Council responsibilities and the coverage included in Councils insurance policies.

MOTION CARRIED

MOVED CLR BROWN / CLR SULLIVAN

2-12-11 resolved

That standing orders be resumed.

Standing orders resumed at 9:20am

SECTION 3. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

MOTION DEFEATED

MOVED CLR PAGE / CLR SAMMON

That the minutes of the Ordinary Meeting of Council held on the 15th November2011 as circulated to all Councillors and be amended in respect of minute 13-11-11, to read:

“That Council support in principle, the establishment of a committee under Section 355 of the Local Government Act 1993 in relation to the Wilcannia Weir and that terms of reference be drafted for Council’s consideration and that the Mayor be the Chairperson and Clr Page a representative on the Committee.”

MOTION CARRIED

MOVED CLR SULLIVAN/ CLR LINNETT

3-12-11 resolved


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Georgia Tacey from Save the Children informed Council of the plans to establish a playground in the Mallee in Wilcannia with surplus funding that is still available. Ms. Tacey noted that there is a great need for a playground in the Mallee.

Jack Beetson spoke in support for the playground on behalf of the Wilcannia Aboriginal Land Council; Mr Beetson noted that the preferred site for the playground that they initially thought was Wilcannia Aboriginal Land Council land is actually owned by the Central Darling Shire Council. He asked if Council will allow this land to be used for that purpose.

Clr Linnett asked who would manage and look after the playground and who would be responsible for the public liability and maintenance of the playground.

Norma Walford noted that negotiation could be undertaken to hand the land back to the Wilcannia Aboriginal Land Council for the purpose of the playground in the Mallee.

MOTION CARRIED

MOVED CLR BROWN/ CLR SULLIVAN

4-12-11 resolved

That Council support in principle the proposal for a playground in the Mallee on Central Darling Shire Council land and that a further report be provided to Council in January 2012.

MOTION CARRIED

MOVED CLR LINNETT/CLR SULLIVAN

5-12-11 resolved



MOTION CARRIED


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MOVED CLR LINNETT / CLR SULLIVAN

6-12-11 resolved

That the minutes of the Ordinary Meeting of the Council held on the 15th November 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 FROM MINUTES

Nil.

3.2 STATUS OF COUNCIL RESOLUTIONS – NOVEMBER 2011

SECTION 4. DISCLOSURES OF INTEREST – PECUNIARY AND NON PECUNIARY

Nil.

SECTION 5. MAYORAL MINUTES OR REPORT

18th November - Mayor and General Manager attended the Division Local Government in Sydney. Meeting with City of Ryde Mayor Artin Etmekdjian & General Manager John Neish.

22nd November - Mayor, General Manager, Executive Manager and IT Manager had a teleconference with the Department of Broadband, Communications & Digital Economy.

23rd November – Mayor attended the Western Catchment Management Authority meeting in Cobar. The meeting was a review for the continuation of services and management for the future.

30th November to 3rd December 2011 Mayor attended the Shires Association Executive Meeting and end of year Christmas Function in Sydney.

5th December – Mayor, General Manager, Executive Manager and Councillor Brown attended the White Cliffs Community & Stakeholders forum for the development of the Strategic Plan.

6th December - Mayor, General Manager, Councillor Brown, attended the Tilpa Community & Stakeholders forum for the development of the Strategic Plan.


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8th December - Mayor, General Manager and Councillor Brown attended the opening of the Women’s Safe house in Wilcannia. Also in attendance was the Hon John Williams.

9th December - Mayor, General Manager, and Councillor Brown Councillor Linnett (apology Councillor Sullivan) attended the Ivanhoe Community & Stakeholders forum for the development of the Strategic Plan.

9th December – Mayor, General Manager, Deputy Mayor Councillor Reid, Councillor Brown and Councillor Linnett, attended a Community Safety Precinct Meeting in Ivanhoe.

10th December – Mayor, General Manager, Deputy Mayor Councillor Reid, Councillor Looney (apology Councillor Sullivan) attended the Sunset Strip Community & Stakeholders forum for the development of the Strategic Plan.

10th December – Mayor, General Manager, Deputy Mayor Councillor Reid, Councillor Looney (apology Councillor Sullivan & Councillor Page), attended the Menindee Community & Stakeholders forum for the development of the Strategic Plan.

16th December – Mayor attended the Ivanhoe Community Working Party Meeting.

SECTION 6. NOTICES OF MOTION

Motion 1

MOTION DEFEATED

MOVED CLR PAGE / CLR SULLIVAN

That the Central Darling Shire Council identify the economic benefits to the Shire’s future. If the unincorporated area came under our Shire a very bright financial future from mining, cotton farming and other types of business.

Councillor Page called for a division.

For Against

Clr Page Clr Sullivan

Clr Brown

Clr Looney

Clr Reid


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Clr Wellings

Clr Sammon

Clr Linnett

Clr Longfellow

Motion 2

MOTION DEFEATED


That the Central Darling Shire Council makes arrangements to join a R.O.C. Only seven Councils in NSW don’t belong to a R.O.C. Another option is for our Shire to check on the benefits of forming our own R.O.C.

Motion 3

MOTION DEFEATED


That the Central Darling Shire Council form a S355 Committee to understand the effects on the Aboriginal Communities living on the DarlingRiver and Lakes system in the Central Darling Shire. The findings from the committee need to form part of our 10 year plan and a copy needs to be sent to the Murray Darling Basin Authority within the next 20 weeks


For Against


Clr Sammon Clr Brown

Clr Wellings


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Clr Longfellow

Clr Looney

Clr Reid

Clr Linnett

Motion 4

MOTION DEFEATED


That the Central Darling Shire Council seek grant funding from both State and Federal Governments to build housing for the aged in Menindee.


For Against


Clr Sammon Clr Brown

Clr Looney Clr Wellings

Clr Reid Clr Longfellow

Clr Linnett

Motion 5

MOTION DEFEATED



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That the Central Darling Shire Council supports the Menindee Regional Tourist Association with a $5,000 commitment to help with the upgrade of the new Menindee Tourist Centre for the future growth in tourist numbers in our region.


For Against


Clr Brown Clr Linnett

Clr Wellings

Clr Looney

Clr Reid

Clr Sammon

Clr Longfellow

SECTION 7. NOTICE OF RESCISSION MOTIONS

Nil.

SECTION 8. GENERAL MANAGER’S REPORT

MOTION CARRIED

MOVED CLR BROWN / CLR LINNETT

7-12-11 resolved

That the General Manager’s report be dealt with.

8.1 INFORMATION ITEMS

8.1.1 PBP REVIEW ACTION PLAN PROGRESS & UPDATE

8.1.2 INTEGRATED PLANNING & REPORTING/COMMUNITY STRATEGIC PLAN PROGRESS REPORT

8.1.3 LATE REPORTS


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8.1.4 GENERAL MANAGER ACTIVITY/MEETING SCHEDULE

MOTION CARRIED

MOVED CLR WELLINGS / CLR SULLIVAN

8-12-11 resolved

That the Information Items report be received and noted.

8.2 IVANHOE GOLF CLUB SUPPORT

MOTION CARRIED

MOVED CLR BROWN / CLR REID

9-12-11 resolved

That Council not support the Ivanhoe Golf Club’s application for $1,400 in financial assistance.


For Against

Clr Looney Clr Page

Clr Brown Clr Linnett

Clr Sullivan Clr Longfellow

Clr Reid

Clr Wellings

Clr Sammon

Meeting adjourned at 10:37am, resuming at 11:02am

MOTION CARRIED

MOVED CLR BROWN/CLR REID

10-12-11 resolved


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Mr Jeff Shanks from Morse Group, Council’s external auditor gave a presentation on Council’s financial position for the 2010-2011 financial year.

MOTION CARRIED

MOVED CLR SULLIVAN/ CLR REID

11-12-11 resolved

That standing orders be resumed


8.1 INFORMATION ITEMS CONTINUED

8.1.5 DIVISION OF LOCAL GOVERNMENT MEETING

MOTION CARRIED

MOVED CLR PAGE/CLR BROWN

12-12-11 resolved

That Council workshop the issue of Council’s future structure and invite the Minister for Local Government to a meeting with the Central Darling Shire Council.

8.1.6 S355 COMMITTEE – WILCANNIA WEIR COMMITTEE

8.1.7 SUNSET STRIP PROGRESS ASSOCIATION

8.1.8 CITY OF RYDE PARTNERSHIP AGREEMENT

MOTION CARRIED

MOVED CLR WELLINGS/CLR SULLIVAN

13-12-11 resolved


8.3 2012 COUNCIL MEETING SCHEDULE


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MOTION CARRIED

MOVED CLR PAGE / CLR BROWN

14-12-11 resolved

That Council adopt the 2012 meeting schedule as presented in the agenda.

MOTION DEFEATED

MOVED CLR PAGE / CLR BROWN

That the starting time for ordinary Council meetings be 10am.

8.4 AUDIT COMMITTEE REVIEW AND PAYROLL AUDIT

MOTION CARRIED

MOVED CLR REID/ CLR SULLIVAN

15-12-11 resolved

1. That Council adopt the revised Audit Committee Charter.

2. That Council endorse the project scope for the payroll audit.

3. That the sitting fees for the independent members (other than those from the City of Ryde) of the Audit Committee be $750 per meeting, if attendance is in person; or $375 per meeting where attendance is by phone.

4. That the sitting fees for the independent Chairperson (other than those from the City of Ryde) of the Audit Committee be $1,000 per meeting.

8.5 S355 COMMITTEE- MENINDEE-POONCARIE ROAD

MOTION CARRIED


16-12-11 resolved


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That draft terms of reference be developed for a potential major roads capital projects committee.

8.6 MURRAY DARLING BASIN PLAN

MOTION CARRIED

MOVED CLR PAGE/ CLR WELLINGS

17-12-11 resolved

That Council:

1. Note the release of the Draft Murray Darling Basin Plan.

2. Agree to the hosting of consultation meetings with interested and affected parties in Tilpa, Wilcannia, Ivanhoe, Menindee and Sunset Strip in February/March 2012 with a view to including community feedback into Council’s submission to the draft Murray Darling Basin Plan.

3. Seek to have the Murray Darling Basin Authority conduct at least one public information meeting in the Shire in early 2012.

8.7 ONE ASSOCIATION – LOCAL GOVERNMENT ASSOCIATION OF NSW AND THE SHIRES ASSOCIATION OF NSW

MOTION CARRIED

MOVED CLR BROWN/ CLR PAGE

18-12-11 resolved

That Council consider the draft rules for the One Association and provide the Shires Association with feedback relation to any issues of concern or general comments.

8.8 BOURKE SHIRE COUNCIL- SOCIAL REFORM IN LESS ADVANTAGED COMMUNITIES

MOTION CARRIED


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19-12-11 resolved

That Council not participate in a regional approach to lobby for systemic structural reforms associated with welfare and social management and economic development in less advantaged communities across NSW.

SECTION 9. MANAGER TECHNICAL AND ENGINEERING SERVICES REPORT

MOTION CARRIED

MOVED CLR SULLIVAN/ CLR WELLINGS

20-12-11 resolved

That the Manager Technical and Engineeering Services Report be dealt with.


MOTION CARRIED

MOVED CLR SULLIVAN / CLR REID

21-12-11 resolved


9.2 2011/12 PLANT REPLACEMENT PROGRAM

MOTION CARRIED

MOVED CLR WELLINGS / CLR PAGE

22-12-11 resolved

That the Plant Replacement Program be received and noted and further that:


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Council dispose of asset plant no 6002 being the General Manager’s Holden Statesman and the funds be allocated to the 2011/12 plant replacement budget.

SECTION 10. MANAGER ENVIRONMENTAL SERVICES REPORT

MOTION CARRIED


23-12-11 resolved

That the Manager Environmental Services Report be dealt with.


MOTION CARRIED

MOVED CLR WELLINGS / CLR BROWN

24-12-11 resolved


10.2 ENVIRONMENTAL SERVICES DEPARTMENT STATISTICS FOR NOVEMBER 2011

MOTION CARRIED

MOVED CLR LINNETT / CLR WELLINGS

25-12-11 resolved

That the Environmental Services Department Statistics for November 2011 report be received and noted.

10.3 DEVELOPMENT APPLICATIONS

MOTION CARRIED


26-12-11 resolved


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That the Development Applications report be received and noted.

10.4 OPAL PIONEER CARAVAN & CAMPING TOURIST PARK – FEES CHANGES

MOTION CARRIED


27-12-11 resolved

That the Opal Pioneer Caravan and Camping Tourist Park report be received and noted, and further;

That Council adopt the site fees as listed below for the Opal Pioneer Caravan and Camping Tourist Park and that these changes be implemented on 1st January 2012:

- Powered site fee $20.00 per night for two (2) people.

- Unpowered camping site fee $15.00 per night for two (2) people.

10.5 TEMPORARY LICENCE – R, E, M & K HOLDAWAY, EXTENSION TO TEMPORARY COMMON, MENINDEE

MOTION CARRIED


28-12-11 resolved

That the Temporary Licence – R, E, M & K Holdaway, Extension to Temporary Common, Menindee report be received and noted, and further;

That Council as Trust Manager renew the temporary licence with R, E, M & K Holdaway for a further 6 month period for use of Part Reserve 3 for Extension to Temporary Common for parking and bush kitchen purposes.

10.6 ALCOHOL FREE ZONES – MENINDEE AND IVANHOE

MOTION CARRIED


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MOVED CLR LINNETT / CLR SAMMON

29-12-11 resolved

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

That Council establish Alcohol Free Zones in Menindee and Ivanhoe as per the above proposal for a period of 4 years.

10.7 SHEPHERDING WATER FOR THE ENVIRONMENT

MOTION CARRIED

MOVED CLR SULLIVAN / CLR LOONEY

30-12-11 resolved

That the Shepherding Water for the Environment report be received and noted, and further,

That Council seeks further information on the proposal from the NSW Office of Water, for further consideration by Council’s Water Advisory Committee.

10.8 REVIEW OF PAROO RIVER INTERGOVERNMENTAL AGREEMENT

MOTION CARRIED

MOVED CLR SULLIVAN / CLR LINNETT

31-12-11 resolved

That the Review of Paroo River Intergovernmental Agreement report be received and noted

10.9 DEVELOPMENT APPLICATION – 34-36 REID STREET, WILCANNIA

MOTION CARRIED



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32-12-11 resolved

That Local Development Application DA29/11 at 34-36 Reid Street, Wilcannia being Lot B DP348485, Lots 1 & 2 in DP380600, Lots A & B in DP399923 be approved subject to the following draft development conditions;

Development Conditions 1. The conditions of this Development Consent issued under the Environmental Planning

and Assessment Act 1979, are to be complied with. These conditions are attached to this approval and must be given to the builder and contractors to ensure this development is carried out as per the approval given.

(Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979 and compliance with the development consent).

2. All building work (other than work relating to the erection of a temporary building)

must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate or complying development certificate was made).

(Reason: To ensure compliance with the Environmental Planning and Assessment Act 1979).

3. Two days before any site work, building work or demolitions begins, the applicant

must notify adjoining owners that the work will commence.


4. Before any site works, building or demolition is started, the applicant or builder must

notify council of the name, address, phone number and license number of the builder; erect a sign at the front of the property with the builder’s name license number, site address and consent number; provide a temporary on site toilet; protect and support any neighbouring building; protect any public place from obstruction or inconvenience of the carrying out of the consent; prevent any substance from falling onto a public place.


5. Install runoff and erosion controls to prevent soil erosion, water pollution or the

discharge of loose sediment on surrounding land, as follows: divert uncontaminated runoff around cleared or disturbed areas; erect a silt fence to prevent debris escaping into drainage systems or waterways; prevent tracking of sediment by vehicle onto roads; stockpile, excavated material, construction and landscaping supplies and debris within the site.


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6. Removal or disturbance of vegetation and topsoil must be confined to within 3 metres

of the approved building area.


7. The land surrounding any structure must be graded to divert surface water to the

street and clear of existing and proposed structures and adjoining premises.


8. No nuisance or interference with the amenity of the area is to be created by reason of

any process or operation on the premises causing the emission of noise, dust, smoke or any pollution discharge.


9. The owner, developer or builder shall be responsible for repairing any damage

resulting to Councils infrastructure, land or assets in the vicinity of the subject site as a result of construction works, deliveries to the site or processes carried out with the site development.


10. The owner, developer or builder must consult with the local electricity authority to

ensure clearances to overhead powerlines are maintained, and underground power-cables are located.

(Reason: To comply with Schedule 4 of the Development Control Plan for Exempt and Complying Development.)

11. The finished floor level shall be a minimum of 300 mm above the highest point of the

finished ground or pavement level adjoining the building.

(Reason: To ensure that the site drains away from the building and AS 3500 National Plumbing and Drainage Code are achieved.)

12. All excavated and filled areas are not to exceed 900 mm in depth and all internal and

external batters shall be protected from fretting and erosion by the provision of top soil and turf, stone flagging or suitable retaining. Where the batter may exceed a ratio of 3 horizontal to 1 vertical, retaining walls shall be provided.

(Reason: To ensure that soil stability and minimal erosion can be maintained.)


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13. All seepage and surface waters shall be collected and diverted clear of the site by a

drainage system, to the satisfaction of Council.

(Reason: To ensure compliance with the Building Code of Australia for adequate site drainage.)

14. All timber framing shall be comply with Australian Standards 1684, Timber Framing

Code and amendments thereto.

(Reason: To comply with the Building Code of Australia and AS 1684).

15. The manufacturers details of the roof trusses are to be submitted to Council prior to

the commencement of this stage of Construction.

(Reason: To comply with the Building Code of Australia and AS 1684.)

16. Ant capping shall be provided to all piers, stumps, post and all foundations walls.

Continuous ant capping shall be soldered, brazed or mechanically joined in accordance with AS 3660.1 Code of Practice for Physical Barriers Used in the Protection of Buildings Against Subterranean termites.

(Reason: To comply with the Building Code of Australia and AS 3660.1)

17. The floor surface of all wet areas shall be properly graded and drained and the

junctions of the floor with the walls shall be treated to prevent the penetration of moisture into the walls. Where WC’s are located in separate rooms, this requirement also applies to that room.

(Reason: To meet the requirements of the Building Code of Australia.)

18. Stormwater discharge from downpipes or overflows from rainwater tanks to be

discharged onto a harden pad and directed away from the building footings. Stormwater discharge is not to create a nuisance to adjoining neighbours.

(Reason: To comply with the Building Code of Australia.)

19. There shall be a minimum 400 mm clearance in all subfloor areas between the

finished ground level and any timber structural components (e.g. bearers and joist).

(Reason: To comply with the Building Code of Australia and AS 1684).

20. It is recommended that an early approach be made to a telecommunications supplier

to ensure ease of wiring.

(Reason: To ensure that telephone services can be installed at an early stage.)


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21. An automatic fire detection and alarm system is to be installed in the dwelling in accordance with the requirements of Part 3.7.2 of the Building Code of Australia Vol 1A. Smoke alarms are to be connected to the consumer mains power where consumer mains power is supplied to the building and be located on or near the ceiling in any storey containing bedrooms and the remainder of the dwelling and where the bedrooms are served by a hallway, in that hallway and any other storey not containing bedrooms.

(Reason: To comply with the Building Code of Australia.)

22. The applicant is advised that the wind classification for this site is N1(W28N). You are

required to provide Council with a bracing and tie down plan prior to any work commencing. NB. Tie down rods or bard may be required to be inserted at footings stage.

(Reason: To comply with Australian Standard 1684.2 – 1999 Residential timber-framed construction).

23. The applicant is advised to contact Council to verify the location of any sewer or

drainage lines prior to any work commencing.

(Reason: To ensure that drainage and sewer lines are not damaged during construction.

24. The vehicular crossing to the kerb and guttering and access to the allotment is to be

constructed in accordance with the requirements of Council’s Engineer. The applicant is required to contact Councils engineers prior to any work commencing.

(Reason: To ensure design and installation is adequate for vehicular and pedestrian traffic).

25. A section “J” report under the provisions of the Building Code of Australia shall be

submitted to Council prior to commencement of works.

(Reason: To ensure energy efficiency of the building complies with the requirements of section J of the Building Code of Australia).

26. That all asbestos material is removed from the site and disposed of in a suitable

manner. Council’s Environmental Services Department should be contacted for disposal of the material at Council’s waste depot.

(Reason: To ensure that all hazardous materials are safely removed from the site and disposed of to a licensed waste depot facility).

27. All allotments are to be consolidated into one allotment prior to completion of the

building.


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(Reason: To ensure that the proposed development complies with the requirements of the Building Code of Australia and in particular distances of construction from fire source features).

28. That the dividing wall between the class 4 portion of the building and the remaining

structure has an FRL of 60/60/60.

(Reason: To ensure compliance with the Building Code of Australia).

29. Portable Fire Extinguishers are to be installed in accordance with the provisions of E

1.6 of the Building Code of Australia.


30. Emergency lighting shall be provided in accordance with Clause E 4.2 of the Building

Code of Australia .


31. Exit and directional signs must be installed as per Clauses E 4.5 & E 4.6 of the

Building Code of Australia..


32. The Sliding Glass Exit door to Class 4 portion of the building shall be repositioned so

as to not open directly onto a flight of stairs.


SECTION 11. FINANCE MANAGER’S REPORT

MOTION CARRIED

MOVED CLR LINNETT/ CLR SAMMON

33-12-11 resolved

That the Finance Manager’s Report be dealt with.

11.1 INVESTMENTS

MOTION CARRIED

MOVED CLR BROWN/ CLR WELLINGS


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34-12-11 resolved

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

11.2 RATES COLLECTION STATEMENT

MOTION CARRIED

MOVED CLR BROWN / CLR LOONEY

35-12-11 resolved

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

11.3 OUTSTANDING DEBT PAID

MOTION CARRIED

MOVED CLR WELLINGS / CLR SAMMON

36-12-11 resolved

That the item be received and noted.

11.4.1 FUNDING AGREEMENTS WITH DEPARTMENT OF TRANSPORT RE COMMUNITY ACCESS BUS SERVICES

MOTION CARRIED


37-12-11 resolved

1. That council sign the funding agreement with the Director-General of the Department of Transport to accept funding for the Wilcannia to Broken Hill Community Access Bus Service for the period 7th January 2012 to 30th June 2012.


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2. That council sign the funding agreement with the Director-General of the Department of Transport to accept funding for the Menindee to Broken Hill Community Access Bus Service for the period 7th January 2012 to 30th June 2012 and affix the common seal to all appropriate documents.

11.4.2 SERVICE CONTRACT WITH BUS OPERATORS UNDER THE COMMUNITY ACCESS HEALTH RELATED TRANSPORT PROGRAM

MOTION CARRIED


38-12-11 resolved

1. That council sign the service contract to 30th June 2012 with Aaron Burzoni for the Wilcannia-Broken Hill community access health related bus service and affix the common seal to all appropriate documents.

2. That council sign the service contract to 30th June 2012 with Buses R Us Pty Ltd for the Menindee-Broken Hill community access health related bus service and affix the common seal to all appropriate documents.

SECTION 12. CORRESPONDENCE

MOTION CARRIED

MOVED CLR PAGE / CLR LINNETT

39-12-11 resolved

That the Correspondence Report be dealt with.

MOTION CARRIED


40-12-11 resolved


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That the Correspondence for Council be received and noted.

SECTION 13. THE RECEPTION OF REPORTS FROM COMMITTEES

MOTION CARRIED

MOVED CLR PAGE / CLR LINNETT

41-12-11 resolved

That the Reception of Reports from Committees be dealt with.

MOTION CARRIED


42-12-11 resolved

That the White Cliffs Hall Committee Annual General Meeting Minutes dated 5th November 2011 be received and noted.

MOTION CARRIED


43-12-11 resolved

That the White Cliffs Hall Committee Ordinary Meeting Minutes dated 5th November 2011 be received and noted.

MOTION CARRIED

MOVED CLR WELLINGS/CLR BROWN

44-12-11 resolved

That the White Cliffs Community Association Annual General Meeting minutes dated 7th November 2011 be received and noted.


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MOTION CARRIED


45-12-11 resolved

That the White Cliffs Swimming Pool Committee Annual General Meeting minutes dated 8th November 2011 be received and noted.

SECTION 14. DELEGATES’ REPORTS

MOTION CARRIED

MOVED CLR REID/CLR SULLIVAN

46-12-11 resolved

That the Delegates’ Report be dealt with.

Clr Linnett attended a WLA Council Meeting in Cobar and will send in the minutes when they arrive.

Clr Reid notified Council that Mr James Giddy had his contract renewed with West Darling Arts.

MOTION CARRIED

MOVED CLR REID/CLR LOONEY

47-12-11 resolved

That the Delegates’ reports be received and noted.

SECTION 15. QUESTIONS WITH NOTICE

MOTION CARRIED


48-12-11 resolved

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

15.1 CR BROWN


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1. White Cliffs Solar Power Station

Will Council support an investigation and follow-up on proposals for the transfer of ownership of the White Cliffs Solar Power Station from Essential Energy/Country Energy to Community Ownership?

The answer to this question can only come by way of Council resolution, following either written notice of motion from a Councillor, or arising from a report written by a Council officer. At its September meeting, Council made the following decision:

“41-9-11 resolved

That the Solar Power Station – White Cliffs report be received and noted, and further;

That Council responds to Essential Energy indicating that there is a local Group in White Cliffs interested in pursuing future management of the site for tourism purposes.”

This can be supplemented by a future decision indicating Council’s support for the above proposal.

2. Possible restructure of CDSC

The minutes of the meeting of the Western Shires Mid-Term Conference as circulated in November refer to Minister Humphries and the restructuring proposal put to Central Darling Shire Council. In particular the comment; “ Mayor Longfellow said the Minister had only spoken to the Central Darling Mayor at that time and when the idea was put to the whole of council it had been rejected.”

Will the Mayor confirm that this is an accurate representation of his comments?

I refer to the previous correspondence forwarded to Clr Brown which indicated that maybe the paragraph to which he is referring could have been taken out of context.

On reflection the statement attributed to myself is appropriate as at the time NO discussion with Councillors regarding the proposal to redistribute/realign the CDSC and assume the structure aligned to the Unincorporated Area was discussed with Council as a whole. The above is in fact reference to the announcement made by the Hon Kevin Humphries at the 2036 summit held in Dubbo concerning the proposed future of the Council as he foresaw.

The minutes also state that a resolution was passed which read:

“Write to the Minister for Western Division Kevin Humphries and point out that in future he should make sure he is consulting with all Council Members and the community before making any announcement about changes to Councils.”

This appears to be based on the inaccurate statements previously noted.

What is being done to clarify with the Minister that the Central Darling Shire Councillors have not endorsed this action?


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Discussions have been held with the Division of Local Government concerning the way forward.

At no time have we as a Council indicated that we would not co-operate with the Division to enhance the delivery of service to our ratepayers.

I anticipate future dialogue with the Division for the future enhancement of services that will give a better delivery of services to all. Determination to the “Status Quo” as voted by the majority of Councillors is reference to the retention of the existing boundaries, as is.

MOTION CARRIED


49-12-11 resolved

That Council progress the matter of the future ownership of the White Cliffs Solar power station and a report be provided to Council.

15.2 CR REID

1. Where is the former GM’s Car?

The former General Manager’s car is garaged at the current General Manager’s house, pending its sale. Please refer to plant replacement report in this agenda.

2. When did Council decide to advertise Expressions of interest for the Garbage removal in Wilcannia, Menindee and Ivanhoe?

The General Manager decided to advertise expressions of interest for household garbage collection services in early November after discussions with the Manager Technical and Engineering Services. The decision was made following repeated breakdowns of the existing garbage trucks in recent months, which has severely impacted on the provision of this service and also because of the fact that Council’s extremely old fleet of garbage trucks is in urgent need of replacement. The replacement of the fleet is likely to come at a substantial cost, therefore it was felt that the current situation warranted testing of the market to see if alternative service providers existed and whether efficiency gains could be made.

The decision was made in accordance with clause 6.1.2(a) of the General Manager’s contract, which states that the General Manager is responsible for the efficient and effective operation of Council’s organisation, as well as clause 6.1.2(b), implementing, without undue delay, the decisions of Council. It is also in accordance with Strategy 4 of the financial strategies adopted by Council in July 2011, which is “Stringently reviewing operating expenditure and improving efficiency.”

Should suitable expressions of interest be received, a report will be prepared for Council, which will allow Council to make a decision about the future provision of this service.


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SECTION 16. URGENT BUSINESS

MOTION CARRIED

MOVED CLR BROWN/CLR SULLIVAN

50-12-11 resolved

That Council deal with Urgent Business

Clr Sullivan asked about the advertisement of new staff contract positions will they have housing? Do we have a housing policy?

MOTION CARRIED

MOVED CLR BROWN/CLR PAGE

51-12-11 resolved

That a review of Council housing costs and cost recovery as well as future housing needs be undertaken and that a report come back to the next Council Meeting.

Clr Linnett asked about the Western Division Shire Conference in Broken Hill in February 2012 and noted that he wished to attend and that maybe other Councillors would also like to attend. Clr Reid, Clr Wellings, Clr Page & Clr Looney advised that they would attend.

The Meeting was adjourned at 1:43pm and resumed at 1:54pm

SECTION 17. CONFIDENTIAL MEETING

MOTION CARRIED

MOVED CLR SULLIVAN/CLR LINNETT

52-12-11 resolved

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

The Meeting went into closed session at 1:54pm


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

17.1 VICTORY PARK CARAVAN PARK – EXPRESSIONS OF INTEREST

MOTION CARRIED

MOVED CLR WELLINGS/CLR BROWN

53-12-11 resolved

That the Victory Park Caravan Park – Expressions of Interest report be received and noted, and further,

That an additional report be presented to Council on the Victory Park Caravan Park in the near future providing further requested information from the preferred applicant.

That Council resolve to set the annual rental for Victory Park Caravan Park as per the contents of this report.

17.2 ALLEGED POLLUTION INCIDENT - MENINDEE

MOTION CARRIED


54-12-11 resolved

That the Alleged Pollution Incident – Menindee report be received and noted.

17.3 POTENTIAL TRANSFER OF AUSPICING OF MANAGEMENT OF HEALTH BUS SERVICES

MOTION CARRIED

MOVED CLR BROWN / CLR LOONEY

55-12-11 resolved

That Council advise Transport NSW confidentially that it would support the transfer of auspicing to an established and appropriately experienced provider so long as the service to the Menindee and Wilcannia communities was continued or improved.


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

MOTION CARRIED


56-12-11 resolved


Standing orders suspended at 2:04pm

To negotiate the Australia Day awards.

MOTION CARRIED


57-12-11 resolved


Standing orders resumed at 2:07pm

17.4 AUSTRALIA DAY AWARDS NOMINATIONS 2012

MOTION CARRIED

MOVED CLR LINNETT/CLR BROWN

58-12-11 resolved

That the following Australia Day Awards be made:

Wilcannia Citizen of the Year: Gordon “Sunno” Mitchell

Wilcannia Young Citizen of the Year: Karlene Kerwin

Wilcannia Event of the Year: Wilcannia Clean up Australia Day

Ivanhoe Citizen of the Year: David Steedman & Elizabeth Lawson

Ivanhoe Young Citizen of the Year: Cory Hughes

Ivanhoe Event of the Year: Town & Country Ladies Lunch

Menindee Citizen of the Year: Maria De’torre

Menindee Young Citizen of the Year: Dylan Marsden


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

Menindee Event of the Year: Back to the Menindee Fishing Competition.

White Cliffs Citizen of the Year: Maxina Wellings

White Cliffs Event of the Year: “Just for Jasper Day”

17.5 GENERAL MANAGER’S KEY PERFORMANCE INDICATORS

MOTION CARRIED

MOVED CLR PAGE/CLR BROWN

59-12-11 resolved

1 That Council establish a General Manager performance review panel consisting of the Mayor, Deputy Mayor, another Councillor nominated by Council, a Councillor nominated by the General Manager and an independent observer.

2 That Council nominate Cr. Brown to the General Manager performance review panel.

3 That members of the General Manager performance review panel receive training in the performance management of general managers.

4 That Council engage a suitably qualified external human resources consultant to guide it through the process of the development of key performance indicators for the General Manager and future performance appraisal processes.

17.6 ORGANISATIONAL STRUCTURE

MOTION CARRIED

MOVED CLR REID / CLR LINNETT

60-12-11 resolved

That Council endorse the proposed changes to the organisation structure as presented.


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17.7 STATEMENT OF CLAIM – FORMER EMPLOYEE

MOTION CARRIED

MOVED CLR WELLINGS / CLR REID

61-12-11 resolved

That Council endorse the General Manager’s actions in seeking to settle the statement of claim by the former Safehouse employee.

17.8 SEALING TENDER BSC 12/13

MOTION CARRIED

MOVED CLR WELLINGS/CLR SAMMON

62-12-11 resolved

That Western Sealing, Roads and Maritime Services, be appointed as Council’s Sealing Contractor for the years 2012 and 2013.

MOTION CARRIED

MOVED CLR REID/CLR BROWN

63-12-11 resolved

That Council move back into Open Council.

Council resumed in open session at 2:37pm.

MOTION CARRIED

MOVED CLR SULLIVAN / CLR BROWN

64-12-11 resolved

That all decisions passed in Closed Council be made public.


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

SECTION 18. DATE AND VENUE FOR NEXT MEETING

The next meeting of Council will be held on the 24th January 2012 in Wilcannia Commencing at 9:00am

There being no further business, Council meeting concluded at 2:37pm

Documents

SHIRE COUNCIL - Central Darling Shire€¦ · That the minutes of the Ordinary Meeting of the Council held on the 15th November 2011, copies of which were circulated to all Councillors,