minutes of ordinary council meeting of the … filedeclared a non pecuniary interest ... not...

This is page 1 of the Minutes of the Ordinary Council Meeting held on 2 May 2012 confirmed on 16 May 2012 ...................................................General Manager ……………………………………………Chairperson

MINUTES OF ORDINARY COUNCIL MEETING OF THE CESSNOCK CITY COUNCIL HELD IN COUNCIL CHAMBERS ON WEDNESDAY, 2 MAY 2012, COMMENCING AT

6.30PM

PRESENT: Her Worship the Mayor, Councillor A Davey (in the Chair) and Councillors Olsen, Pynsent, Maybury, Troy, Ryan, Smith, McCudden, Gorman, Hawkins, Parker and Burcham

IN ATTENDANCE: General Manager Group Leader Built and Natural Environment Group Leader Customer Services

Group Leader Strategy and Sustainability Acting Group Leader Community Services (Community & Cultural Engagement Manager) Development Services Manager Strategic Land Use Planning Manager Corporate Administration Officer

APOLOGY: MOTION Moved: Councillor Gorman

Seconded: Councillor Hawkins 1996 RESOLVED that the apology tendered on behalf of Councillor Main, for unavoidable absence, be accepted and leave of absence granted. FOR AGAINST Councillor Davey Councillor Troy Councillor Burcham Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (12) Total (0)

CARRIED UNANIMOUSLY


MINUTES: MOTION Moved: Councillor Gorman

Seconded: Councillor Maybury 1997 RESOLVED that the Minutes of the Ordinary Meeting of Council held on 18 April 2012, as circulated, be taken as read and confirmed as a correct record. FOR AGAINST Councillor Davey Councillor Burcham Councillor Troy Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (1)

CARRIED


DISCLOSURES OF INTEREST

DISCLOSURES OF INTEREST NO. DI7/2012

SUBJECT: DISCLOSURES OF INTEREST

MOTION Moved: Councillor Troy Seconded: Councillor Parker 1998 RESOLVED That Councillors now disclose any interests and rea sons for declaring such interest in the matters under consideration by Council at this meeting. MM7/2012 – Freeman of the City Award – Councillor Gorman declared a Non Pecuniary Interest – Significant Conflict for the reason that the recipient is a close personal friend. Councillor Gorman advised that he would leave the Chamber and take no part in discussion or voting. MM8/2012 – Reimbursement of Legal Costs – Councillor Gorman declared a Non Pecuniary Interest – Insignificant Conflict for the reason that conflict covered by S448(l) of the Local Government Act 1993. Councillor Gorman advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because he is permitted to remain inside the chamber under this section. EE30/2012 – Planning Proposal – Wyndham Street, Gre ta – Councillor McCudden declared a Non Pecuniary Interest – Insignificant Conflict for the reason that a company of which he is a Director has done work for the proponent. Councillor McCudden advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because his company has not done work for the proponent for a number of years. EE31/2012 – Development Application 8/2011/815/1 – Erection of a Mobile Phone Transmission Tower and associated Base Station – 40 Francis Street, Cessnock – Councillor McCudden declared a Non Pecuniary Interest – Insignificant Conflict for the reason that a company of which he is a Director has done work for the owner of the subject land. Councillor McCudden advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because the company has not done work for the owner of this land for a number of years. MM8/2012 – Reimbursement of Legal Costs – Councillor Maybury declared a Non Pecuniary Interest – Insignificant Conflict for the reason that Section 448 covers this action. Councillor Maybury advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because the decision is allowed under the Act. MM8/2012 – Reimbursement of Legal Costs - Councillor Burcham advised that she will not be declaring a Conflict of Interest of any kind as according to S448 of the Local Government Act it states that “the following interests do not have to be disclosed for the purposes of this part, it is an interest relating to the payment of expenses and the provision of facilities to Councillors including the Mayor and Deputy Mayor in accordance with the Policy under Section 252”.


EE35/2012 – Minutes of the meeting of the Cultural Planning and Development Committee held on 26 March 2012 – Councillor Pynsent declared a Non Pecuniary Interest – Insignificant Conflict for the reason that he is the Secretary of Kurri Kurri Rotary who is a sponsor of the Weston Art Show. Councillor Pynsent advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because it will not affect his decision. MM8/2012 – Reimbursement of Legal Costs – Councillor Pynsent declared a Non Pecuniary Interest – Insignificant Conflict for the reason that the conflict is covered by S448(l) of the Local Government Act 1993. Councillor Pynsent advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because this decision is permissible under the Act. MM8/2012 – Reimbursement of Legal Costs – Councillor Smith declared a Non Pecuniary Interest – Insignificant Conflict for the reason that the Mayoral Minute is a matter eligible to be considered under Section 448(l) of the Local Government Act, 1993. Councillor Smith advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because this decision is permissible under the Act. EE35/2012 – Minutes of the meeting of the Cultural Planning and Development Committee held on 26 March 2012 – Councillor Smith declared a Pecuniary Interest for the reason that he is the rector’s warden of the Parish of Mt. Vincent and Weston which is an applicant for funding. Councillor Smith advised that he would leave the Chamber and take no part in discussion or voting. MM8/2012 – Reimbursement of Legal Costs – Councillor Hawkins declared a Non Pecuniary Interest – Insignificant Conflict for the reason that the matter is eligible to be considered under S448(l) of the Local Government Act, 1993. Councillor Hawkins advised that he would remain in the Chamber and participate in discussion and voting as the conflict has not influenced him in carrying out his public duty because this decision is permissible under the Act. EE35/2012 – Minutes of the meeting of the Cultural Planning and Development Committee held on 26 March 2012 – The Mayor declared a Non Pecuniary Interest – Insignificant Conflict for the reason that she declared an interest in items during the meeting and took no part in discussion and voting on ones that she had a Significant and Non Pecuniary Interest in. The Mayor advised that she would remain in the Chamber and participate in voting as the conflict has not influenced her in carrying out her public duty because it has previously been declared and avoided by the previous actions she has taken during the meeting held earlier, and tonight just adopts the minutes of the previous meeting.


FOR AGAINST Councillor Davey Councillor Troy Councillor Burcham Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (12) Total (0)

CARRIED UNANIMOUSLY


ADDRESS BY INVITED SPEAKERS The following person has been invited to address the meeting of Council: Speakers Company For / Against Report Page

No. Duration

Mr Sam Rowe

RPS Newcastle

Against Recommendation

EE32/2012 - Development Application 8/2011/438/1 Proposing

the Subdivision of One (1) Lot into Two (2) Lots

44 7 mins


MAYORAL MINUTES

MAYORAL MINUTES NO. MM7/2012

SUBJECT: FREEMAN OF THE CITY AWARD

Councillor Gorman declared a Non Pecuniary Interest – Significant Conflict for the reason that the recipient is a close personal friend. Councillor Gorman left the meeting and took no part in discussion and voting. Councillor Neil Gorman left the meeting, the time being 6.52pm MOTION Moved: Councillor Davey Seconded: Councillor Maybury 1999 RESOLVED That Council endorse the recommendations of the Com mittee to Consider Council Initiated Awards and award the nominee the honour o f Freeman of the City for a lifetime of service to the community and for ongoin g commitment and involvement in the community.

FOR AGAINST Councillor Davey Councillor Troy Councillor Burcham Councillor Parker Councillor Ryan Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (11) Total (0)

CARRIED UNANIMOUSLY Councillor Neil Gorman returned to the meeting, the time being 6.54pm


MAYORAL MINUTES NO. MM8/2012

SUBJECT: REIMBURSEMENT OF LEGAL COSTS

Councillor Gorman declared a Non Pecuniary Interest – Insignificant Conflict for the reason that conflict is covered by S448(l) of the Local Government Act 1993. Councillor Gorman remained in the Chamber and participated in discussion and voting. Councillor Maybury declared a Non Pecuniary Interest – Insignificant Conflict for the reason that Section 448 covers this action. Councillor Maybury remained in the Chamber and participated in discussion and voting. Councillor Pynsent declared a Non Pecuniary Interest – Insignificant Conflict for the reason that the conflict is covered by S448(l) of the Local Government Act 1993. Councillor Pynsent remained in the Chamber and participated in discussion and voting. Councillor Smith declared a Non Pecuniary Interest – Insignificant Conflict for the reason that the Mayoral Minute is a matter eligible to be considered under Section 448(l) of the Local Government Act, 1993. Councillor Smith remained in the Chamber and participated in discussion and voting. Councillor Hawkins declared a Non Pecuniary Interest – Insignificant Conflict for the reason that the matter is eligible to be considered under S448(l) of the Local Government Act, 1993. Councillor Hawkins remained in the Chamber and participated in discussion and voting. MOTION Moved: Councillor Davey That Council consider the request. AMENDMENT Moved: Councillor Troy Seconded: Councillor Pynsent That Council, having considered the request, cover the costs incurred by Councillors in regard to the defence of the injunction initiate d by the Mayor in relation to the Notice of Motion relative to the continued employme nt of the General Manager.

FOR AGAINST Councillor Troy Councillor Davey Councillor Burcham Councillor Olsen Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (10) Total (2)

The Amendment was PUT and CARRIED and as such became the MOTION.


The Motion was then PUT and CARREID. MOTION Moved: Councillor Troy Seconded: Councillor Pynsent 2000 RESOLVED That Council, having considered the request, cover the costs incurred by Councillors in regard to the defence of the injunction initiate d by the Mayor in relation to the Notice of Motion relative to the continued employme nt of the General Manager.


CARRIED


NOTICE OF INTENTION TO DEAL WITH MATTERS IN CONFIDENTIAL SESSION

NOTICE OF INTENTION NO. NI4/2012

SUBJECT: NOTICE OF INTENTION OF DEAL WITH MATTERS I N CONFIDENTIAL SESSION

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 2001 RESOLVED That: 1. Council consider in Confidential Session the fol lowing matters in accordance

with Sections 10A(2) (c) & (di) of the Local Govern ment Act 1993: Report numbers QS26/2012 – Supply and Installation of and Supply Only of

Road Barrier Systems (T71112HUN) & QS27/2012 – Repl acement of Truck Mounted Tar Patching Unit #99 Paveliner.

Council consider Report No QS26/2012 – Supply and I nstallation of and Supply Only of Road Barrier Systems (T71112HUN) as it deal s with commercial information of a confidential nature that would if disclosed prejudice the commercial position of the person who supplied it a nd Report No QS27/2012 – Replacement of Truck Mounted Tar Patching Unit #99 Paveliner it deals with information that would, if disclosed confer a comme rcial advantage on a person with whom Council is conducting (or proposes to con duct) business.

2. Council request the General Manager in accordanc e with Section 253 of Local Government (General) Regulation 2005 to report on t hese matters to the meeting in Open Session following completion of the Confidential Session.


CARRIED UNANIMOUSLY


MOTIONS OF URGENCY

MOTIONS OF URGENCY NO. MOU7/2012

SUBJECT: MOTIONS OF URGENCY

Councilor Ryan moved a Motion of Urgency relating t o the conduct and carriage of Supreme Court Proceedings 2012/84966. The Mayor ruled Councillor Ryan’s Motion of Urgency as not Urgent because the matter is still under consideration. Councillor Ryan moved dissent from the Chairperson’ s ruling. The General Manager left the meeting, the time being 7.08pm MOTION 2002 RESOLVED That the ruling of the Mayor that Councillor Ryan’s Motion of Urgency is not urgent be overturned.


CARRIED The Motion was PUT and CARRIED and the Mayor’s ruling was defeated.


MOTION Moved: Councillor Ryan Seconded: Councillor Burcham 2003 RESOLVED That Council consider the matter relating to the co nduct and carriage of Supreme Court Proceedings 2012/84966 as urgent and deal wit h the matter tonight.


CARRIED The General Manager returned to the meeting, the time being 7.13pm MOTION Moved: Councillor Pynsent Seconded: Councillor Hawkins 2004 RESOLVED That Council consider the matter relating to the “R esources for Regions” grant funding as urgent and deal with the matter tonight.


CARRIED UNANIMOUSLY


DEFERRED BUSINESS

DEFERRED BUSINESS NO. EE30/2012

SUBJECT: PLANNING PROPOSAL - WYNDHAM STREET, GRETA

Councillor McCudden declared a Non Pecuniary Interest – Insignificant Conflict for the reason that a company of which he is a Director has done work for the proponent. Councillor McCudden remained in the Chamber and participated in discussion and voting. MOTION Moved: Councillor Maybury Seconded: Councillor Gorman 2005 RESOLVED That 1. Council forward the Planning Proposal for the Wy ndham Street, Greta Precinct

(see Enclosure 3) to rezone Lot 2 DP 808354 and Lot 2 DP 1151267 from RU2 - Rural Landscape Zone to R2 - Low Density Residentia l; R5 - Large Lot Residential; and E2 - Environmental Conservation to the Department of Planning and Infrastructure for a “Gateway” determi nation under Section 56 (2) of the Environmental Planning and Assessment Act 1979 .

2. Council request the Proponent to prepare a draft Development Control Plan, in

consultation with Cessnock City Council, addressing any impacts and design and development issues, that may be identified in e xisting or additional studies that may be required or matters identified by the C ouncil.

3. The proponent be requested to form a small commi ttee to give the Community

more input into development as the Gateway Process is going ahead. Group Leader Customer Services left the meeting, the time being 7.43pm

FOR AGAINST Councillor Davey Councillor Parker Councillor Troy Councillor Ryan Councillor Burcham Councillor Olsen Councillor Gorman Councillor McCudden Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (9) Total (3)

CARRIED


DEFERRED BUSINESS NO. RM3/2012

SUBJECT: MOTION OF URGENCY - GENERAL MANAGERS LEGAL DELEGATIONS

The General Manager left the meeting, the time being 7.45pm That the recommendation to Motion of Urgency be res cinded and that:- 1. The motion of urgency regarding the General Mana ger and her stepping aside

when dealing with legal actions put forward by Coun cillor Burcham on 4 April 2012 be rescinded; and

2. That no action be taken until legal advice has b een received regarding the

legality of the motion. MOTION Moved: Councillor Ryan Seconded: Councillor Parker The Council adopts the Rescission Motion for clarit y’s sake. The Council note that there is an opinion that the previous motion that the Rescission Motion relates to is unlawful and is not a valid mo tion, however on the basis that until that was declared by a court it still remains a val id motion of the Council. That the Council put the Rescission Motion to resci nd that previous motion so that it is no longer, on whichever view you have, a valid m otion of the Council.

FOR AGAINST Councillor Davey Councillor Troy Councillor Parker Councillor Burcham Councillor Ryan Councillor Gorman Councillor Olsen Councillor McCudden Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (4) Total (8)

The Motion was PUT and LOST. The General Manager returned to the meeting, the time being 7.59pm


ENHANCING OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT

OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO. EE31/2012

SUBJECT: DEVELOPMENT APPLICATION 8/2011/815/1 - ERE CTION OF A MOBILE PHONE TRANSMISSION TOWER AND ASSOCIATED BASE STATION - 40 FRANCIS STREET CESSNOCK

Councillor McCudden declared a Non Pecuniary Interest – Insignificant Conflict for the reason that a company of which he is a Director has done work for the owner of the subject land. Councillor McCudden remained in the Chamber and participated in discussion and voting. Councillor James Hawkins left the meeting, the time being 8.00pm Councillor James Hawkins returned to the meeting, the time being8.04pm MOTION Moved: Councillor Gorman Seconded: Councillor Burcham 2006 Council determine Development Application No. 8/201 1/815/1 for the erection of a mobile phone transmission tower and associated base station at 40 Francis Street, Cessnock, Lot 1 DP 1164334, pursuant to S80 of the Environmental Planning and Assessment Act 1979 by refusing to grant consent su bject to the following reasons:- 1. Due to community opposition and the ability of t he proponent to find alternative

sites. 2. Inability of the proponent to guarantee 100% saf ety of the community. 3. Not in keeping with the character of local area and in doing so will be a visual

impediment for people. 4. Not in keeping with the public interest as per S ection 79c(e) of the Act.

FOR AGAINST Councillor Troy Councillor Davey Councillor Burcham Councillor Olsen Councillor Parker Councillor Smith Councillor Ryan Councillor Maybury Councillor Gorman Councillor McCudden Councillor Hawkins Councillor Pynsent Total (8) Total (4)

CARRIED



SUBJECT: DEVELOPMENT APPLICATION 8/2011/438/1 PROPO SING THE SUBDIVISION OF ONE (1) LOT INTO TWO (2) LOTS

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 2007 RESOLVED That the application be DEFERRED and a site inspection be arranged. The Group Leader Customer Services returned to the meeting, the time being 8.09pm


CARRIED UNANIMOUSLY



SUBJECT: HUNTLEE COMMUNITY REFERENCE GROUP

Councillor Graham Smith left the meeting, the time being 8.16pm MOTION Moved: Councillor Ryan Seconded: Councillor Parker That the report be DEFERRED to seek clarification on the Minister’s assurances to the Sweetwater Action Group. Councillor Graham Smith returned to the meeting, the time being 8.20pm

FOR AGAINST Councillor Troy Councillor Davey Councillor Burcham Councillor Gorman Councillor Parker Councillor McCudden Councillor Ryan Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (4) Total (8)

The Motion was PUT and LOST MOTION Moved: Councillor Gorman Seconded: Councillor Hawkins 1. That Council’s representatives to participate in the Stage 1 Huntlee Reference

Group be Councillors Maybury and McCudden. AMENDMENT Moved: Councillor Ryan Seconded: Councillor Parker 1. That Council’s representatives to participate in the Stage 1 Huntlee Reference

Group be Councillors Troy and Main. 2. That the community representatives from local bu siness, community and

environmental groups with an interest in the Huntle e New Town proposal be selected through a similar expressions of interest process to that of the Major Projects Committee.

Councillor Burcham left the meeting, the time being 8.26pm Councillor Burcham returned to the meeting, the time being 8.29pm


FOR AGAINST Councillor Parker Councillor Davey Councillor Ryan Councillor Troy Councillor Olsen Councillor Burcham Councillor Gorman Councillor McCudden Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (3) Total (9)

The Amendment was PUT and LOST MOTION Moved: Councillor Gorman Seconded: Councillor Hawkins 2008 RESOLVED 1. That Council’s representatives to participate in the Stage 1 Huntlee Reference

Group be Councillors Maybury and McCudden. 2. That the community representatives from local bu siness, community and

environmental groups with an interest in the Huntle e New Town proposal be selected through a similar expressions of interest process to that of the Major Projects Committee.

The Development Services Manager left the meeting, the time being 8.38pm

FOR AGAINST Councillor Davey Councillor Parker Councillor Troy Councillor Ryan Councillor Burcham Councillor Gorman Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (10) Total (2)

CARRIED



SUBJECT: MINUTES OF THE MAJOR PROJECTS COMMITTEE HE LD 17 APRIL 2012

MOTION Moved: Councillor Pynsent Seconded: Councillor Maybury 2009 RESOLVED That the Minutes of the Major Projects Management C ommittee of 17 April 2012 be adopted as a resolution of the Ordinary Council wit h the following amendment:- That expressions of interest be held open for people like the Samaritans and landcare groups that do have an interest in Environmental Sustainability and Social Inclusion.


CARRIED UNANIMOUSLY



SUBJECT: MINUTES OF THE MEETING OF THE CULTURAL PLA NNING AND DEVELOPMENT COMMITTEE HELD ON 26 MARCH 2012

Councillor Pynsent declared a Non Pecuniary Interest – Insignificant Conflict for the reason that he is the Secretary of Kurri Kurri Rotary who is a sponsor of the Weston Art Show. Councillor Pynsent remained in the Chamber and participated in discussion and voting. The Mayor declared a Non Pecuniary Interest – Insignificant Conflict for the reason that she declared an interest in items during the meeting and took no part in discussion and voting on ones that she had a Significant and Non Pecuniary Interest in. The Mayor remained in the Chamber and participated in voting. Councillor Smith declared a Pecuniary Interest for the reason that he is the rector’s warden of the Parish of Mt. Vincent and Weston which is an applicant for funding. Councillor Graham Smith left the meeting, the time being 8.45pm MOTION Moved: Councillor Maybury Seconded: Councillor Pynsent 2010 RESOLVED That the Minutes of the meeting of the Cultural Pla nning and Development Committee held on 26 March 2012 be adopted as a resolution of the Ordinary Council.

FOR AGAINST Councillor Davey Councillor Troy Councillor Burcham Councillor Parker Councillor Ryan Councillor Gorman Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Pynsent Councillor Maybury Total (11) Total (0)

CARRIED UNANIMOUSLY Councillor Graham Smith returned to the meeting, the time being 8.45pm



SUBJECT: SUBMISSION ON MORE ACCOUNTABLE PLAN MAKING

MOTION Moved: Councillor Gorman Seconded: Councillor Maybury 2011 RESOLVED That Council 1. endorse forwarding Councils submission to the “D raft Policy Statement – Plan-

Making and Delegations” attached at Enclosure 1 to this report; and 2. note the resourcing implications with respect to Councils Strategic Land Use

Planning operations if the changes foreshadowed in the discussion paper are introduced.


CARRIED UNANIMOUSLY


PROFESSIONAL MANAGEMENT AND LEADERSHIP

PROFESSIONAL MANAGEMENT AND LEADERSHIP NO. PM27/201 2

SUBJECT: APPOINTMENT OF A RETURNING OFFICER FOR THE LOCAL GOVERNMENT ELECTIONS 2012

MOTION Moved: Councillor Gorman Seconded: Councillor Smith 2012 RESOLVED That Council note the appointment by the General Ma nager of Mr Brian McMahon as the Returning Officer for the 2012 Cessnock Local G overnment Elections. The Strategic Land Use Planning Manager left the meeting, the time being 8.48pm


CARRIED UNANIMOUSLY


PROFESSIONAL MANAGEMENT AND LEADERSHIP NO. PM28/201 2

SUBJECT: CODE OF CONDUCT REVIEW PANEL 2012

MOTION Moved: Councillor Maybury Seconded: Councillor Smith 2013 RESOLVED That Council appoints the following persons to the interim Conduct Review Panel from April 2012 for up to 12 months and that permanent a ppointment of panel members be considered after the current revision of the Model Code is completed by the Division of Local Government. • Wendy Klassen • John Watts • Neil Adams • Lloyd Graham • Kathy Thane • Adam Halstead


CARRIED UNANIMOUSLY


BUSINESS OF WHICH WRITTEN NOTICE HAS BEEEN GIVEN

BUSINESS WITH NOTICE NO. BN23/2012

SUBJECT: ONE ASSOCIATION

Councillor Dale Troy left the meeting, the time being 9.05pm Councillor Dale Troy returned to the meeting, the time being 9.07pm MOTION Moved: Councillor Ryan Seconded: Councillor Smith 2014 RESOLVED 1) That Council write to Fair Work Australia with r egard to the merging of the

Local Government Association and the Shires Associa tion and express it view that when ballot papers are distributed they should include a NO as well as a YES case.

2) That Council designate those Councillors (Ryan & Smith, Main & Troy) who will be given the secret ballot.

3) That Council has a briefing on the Yes and NO ca ses before those individual Councillors cast their votes.


CARRIED UNANIMOUSLY



SUBJECT: AGL HUNTER GAS PROJECT COMMUNITY CONSULTAT ION COMMITTEE

MOTION Moved: Councillor Parker Seconded: Councillor Troy 2015 RESOLVED That Councillor Parker be endorsed as the Primary C essnock Council representative on the AGL Hunter Gas Project Community Consultatio n Committee (HCCC) and Councillor Troy, the alternate representative, reve rsing the previous resolution of Council.


CARRIED UNANIMOUSLY



SUBJECT: SWIPE CARD ACCESS

MOTION Moved: Councillor McCudden Seconded: Councillor Gorman 2016 RESOLVED That Councillors be issued with swipe cards to gain entry to the Mayor’s Reception area.

FOR AGAINST Councillor Troy Councillor Davey Councillor Burcham Councillor Parker Councillor Gorman Councillor Ryan Councillor McCudden Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Councillor Maybury Total (8) Total (4)

CARRIED



SUBJECT: COUNCILLOR/GENERAL MANAGER BI-MONTHLY MEET ING

MOTION Moved: Councillor McCudden Seconded: Councillor Maybury That Councillors and the General Manager meet on a set and agreed day of each alternate month in the Council Board Room to discus s issues relating to Council business. AMENDMENT Moved: Councillor Parker Seconded: Councillor Ryan That Councillors and the General Manager meet on a set and agreed day of each alternate month to discuss issues relating to Counc il business.

FOR AGAINST Councillor Davey Councillor Gorman Councillor Troy Councillor McCudden Councillor Burcham Councillor Maybury Councillor Parker Councillor Ryan Councillor Olsen Councillor Hawkins Councillor Smith Councillor Pynsent Total (9) Total (3)

The Amendment was PUT and CARRIED and as such became the MOTION. The Motion was then PUT and CARRIED.


MOTION Moved: Councillor Parker Seconded: Councillor Ryan 2017 RESOLVED That Councillors and the General Manager meet on a set and agreed day of each alternate month to discuss issues relating to Counc il business.


CARRIED UNANIMOUSLY


ANSWERS TO QUESTIONS FOR NEXT MEETING

ANSWERS TO QUESTIONS FOR NEXT MEETING NO. AQ30/2012

SUBJECT: CHIDGEY STREET, CESSNOCK

The answer be noted.


SUBJECT: BAILEYS LANE



SUBJECT: CESSNOCK AIRPORT UPDATE



SUBJECT: MATTRESSES DISPOSAL COSTS



SUBJECT: DUMPING OF MATTRESSES




SUBJECT: AUDIT COMMITTEE



SUBJECT: ANVIL CREEK BRIDGE



SUBJECT: COMMUNITY TITLE



SUBJECT: SKATEBOARDS/BIKES ON FOOTPATHS IN CESSNOCK



SUBJECT: MLAK LOCKS AT CESSNOCK PLAZA SHOPPING CENT RE



QUESTIONS FOR NEXT MEETING Councillor James Hawkins

CHIDGEY STREET, CESSNOCK

Councillor Hawkins referred to his previous question in regard to the state of Chidgey Street, Cessnock and advised that he wasn’t referring to the whole of Chidgey Street, just that section (northern end) of the street that is being damaged by construction traffic and asked when repairs would be carried out once construction traffic has finished damaging the road? Councillor Cordelia Burcham

CESSNOCK AIRPORT UPDATE

Councillor Burcham asked what the financial spend has been so far on the airport, what the further forecasted spend will be, identify where the money has come from and also what the total amount has been that has been spent? Councillor Neil Gorman

NULKABA & MILLFIELD DCP'S

Councillor Gorman asked for the status on the Nulkaba and Millfield Development Control Plans? Councillor Jeff Maybury

MLAK KEYS

Councillor Maybury referred to his previous question in regard to MLAK locks and advised that he was actually referring to the disabled toilet that is in Rotary Park Kurri Kurri not the Woolworths Plaza as it has been replaced with a Cyber Key. Councillor Jeff Maybury

WOLLOMBI ROAD, BISHOPS BRIDGE

Councillor Maybury asked Council to investigate the condition of Wollombi Road, Bishops Bridge (over the hill) as there are large indentations on the side of road it is and quite dangerous? Councillor Bob Pynsent

REHABILITAITON OF KERLEW STREET, NULKABA

Councillor Pynsent asked whether Council has a formal agreement with John Holland, contractor for the Corrective Centre in regard to the rehabilitation of Kerlew Street, Nulkaba, in particular the culverts that have been damaged by heavy trucks?


COUNCILLORS REPORTS

Councillor Smith Councillor Smith wished to report on the planting and dedication of the lone pine tree in Rotary Park on Anzac Day and pass on to Council and to ask for it to be passed on to the respective employees the sincere appreciation of the Kurri Kurri RSL Sub Branch for the advice first of all and the physical work by the Recreation Services Employees in the sighting, construction of the enclosure and the planting of the lone pine tree. The RSL are deeply appreciative of the work of the Recreation Services Staff. Councillor Davey The Mayor wished to advised that the Wollombi residents were very appreciative of the way in which the Council staff cut the very very long grass at Anzac Reserve at Wollombi prior to Anzac Day.


9.41 PM Confidential reports (closed session)

MOTION Moved: Councillor Maybury Seconded: Councillor Smith 2018 RESOLVED That the meeting move into closed session in order to consider confidential items.


CARRIED UNANIMOUSLY


9.45PM Open Session

The meeting moved back into open session and the General Manager reported on the resolutions from the Closed Session of Council..

PROVIDING QUALITY SERVICES NO. QS26/2012

SUBJECT: SUPPLY AND INSTALLATION OF AND SUPPLY ONLY OF ROAD BARRIER SYSTEMS (T71112HUN) This matter is considered to be confidential under Section 10A(2) (di) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it.

MOTION Moved: Councillor Smith Seconded: Councillor Pynsent 2019 RESOLVED That Council adopt the Supply & Installation Of And Supply Only Of Road Barrier Systems Tender (T71112HUN) with Hunter Regional Pro curement. The contract term is from 01 May 2012 until 31 March 2014 with an opt ion of a one (1) year extension of the contract which may be taken up based on satisfa ctory performance by the successful tenderer/s.


CARRIED UNANIMOUSLY


PROVIDING QUALITY SERVICES NO. QS27/2012

SUBJECT: REPLACEMENT OF TRUCK MOUNTED TAR PATCHING UNIT #99 PAVELINER This matter is considered to be confidential under Section 10A(2) (c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. (Prices for Tar Patching Unit Tender )

MOTION Moved: Councillor Smith Seconded: Councillor Pynsent 2019 RESOLVED That Council accept the tender from Ausroads System s Pty Ltd to supply one (1) Ausroads 6m 3 Jetpatcher Road Maintenance unit powered by Hino FM 2630 for the cost of $360,025 Excluding GST.


CARRIED UNANIMOUSLY The General Manager left the meeting, the time being 9.47pm Councillor Ian Olsen left the meeting, the time being 9.54pm Councillor Ian Olsen returned to the meeting, the time being 9.58pm


The Group Leader Customer Services provided the fol lowing advice to Councillors in regard to the earlier Motion of Dissent:- The Local Government Regulations Clause 241 (3)(b) states the Mayor has the right to rule whether a motion is urgent Furthermore the Local Government Regulations do not contain a provision for a dissent against the Mayor’s ruling. S360 (2) of the LG Act reads as follows:

360 Conduct of meetings of councils and committees (2) A council may adopt a code of meeting practice that incorporates the regulations

made for the purposes of this section and supplements those regulations with provisions that are not inconsistent with them.

Essentially the code of meeting practice at 13.12(5) is inconsistent with the Act and therefore 13.12(5) is considered void. MATTER OF URGENCY Moved: Councillor Ryan Seconded: Councillor Burcham 2020 RESOLVED With regard to the Supreme Court proceedings 2012/8 4966 initiated by Cessnock Council which seeks to restrain 10 Councillors from considering a motion to terminate the General Managers Contract, the Council resolves to delegate the management and performance of this matter to the Chair of Hunter C ouncils as per the attached instrument of delegations. In general and as per specifically the instruments of delegations, the Chair of Hunter Councils shall assume all responsibility for procee ding with the case, or not, as they see fit taking into account all the interests of th e Council, the greater community and affected individuals. The Chair of Hunter Councils will be subject to the NSW Local Government Code of Conduct in the same way senior s taff and Councillors are. The Chair of Hunter Councils may make appropriate r eports to the full Council as appropriate. This specific delegation overrides and takes preced ence over:- a) any general delegation given to the General Mana ger and Senior Staff to

conduct legal action which would incorporate this l egal action. b) any action taken pursuant to the motion of urgen cy moved by Clr Burcham on

April 4 th 2012 which regarded placing the carriage of procee dings in the hands of an appropriate person but not including the Gene ral Manager.

This delegation takes place in circumstances where the Mayor’s limited emergency powers are no longer applicable and relevant and it is appropriate to have a neutral person administer the proceedings.



CARRIED


MATTER OF URGENCY Moved: Councillor Pynsent Seconded: Councillor Maybury 2020 RESOLVED That the Mayor seek an urgent meeting with Andrew S toner, Regional Minister for infrastructure to clarify Cessnock City Council’s p osition in the “Resources for Regions” grant funding in the NSW Government Budget in June 2012


CARRIED UNANIMOUSLY

The Meeting Was Declared Closed at 10.13pm CONFIRMED AND SIGNED at the meeting held on 16 May 2012

…………………………………………………………CHAIRPERSON

……………………………………………GENERAL MANAGER

minutes of ordinary council meeting of the … filedeclared a non pecuniary interest ... not...

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