minutes of ordinary meeting - 15 august 2018 · page 1 of the minutes of the ordinary meeting of...

Mid-Western Regional Council Date: 15 August 2018

of the Minutes of the Ordinary Meeting of Council held on 15 August 2018 ____________________________ ____________________________ Mayor General Manager

Minutes of the Ordinary Meeting of Council Held at the Council Chambers, 86 Market Street, Mudgee

on 15 August 2018, commencing at 6:23pm and concluding at 7:06pm.

PRESENT Cr P Shelley, Cr D Kennedy, Cr E Martens, Cr JP Thompson, Cr S Paine,

Cr A Karavas, Cr J O'Neill, Cr R Holden.

IN ATTENDANCE General Manager (Brad Cam), Director Community (Simon Jones), Director Development (Julie Robertson), Director Operations (Garry Hemsworth) Acting Chief Financial Officer (Neil Bungate), Executive Manager Human Resources (Michele George), Manager Governance (Tim Johnston) and Executive Administration Assistant (Erin Reid).

Item 1: Apologies

An apology was received for Cr Cavalier.

199/18 MOTION: Thompson / Holden That the apology received for Cr Cavalier be accepted.

The motion was carried with the Councillors voting unanimously.

Item 2: Disclosure of Interest

Councillor O’Neill declared a less than significant non-pecuniary conflict of interest in item 5.1 as he is an employee of Tooheys who is sponsoring the event. Councillor Shelley declared a less than significant non-pecuniary conflict of interest in item 8.5 as he is employed by Bowdens Silver which is a sponsor of the event. Councillor Martens declared a significant non-pecuniary conflict of interest in the supplementary motion of item 5.1 as she is a farmer.

Item 3: Confirmation of Minutes

200/18 MOTION: Shelley / Holden That the Minutes of the Ordinary Meeting held on 18 July 2018 be taken as read and confirmed.

The motion was carried with the Councillors voting unanimously. 201/18 MOTION: Shelley / Paine

That Item 12.4 of the agenda, Mid-Western Regional Youth Council, be brought forward.



The motion was carried with the Councillors voting unanimously. 12.4 MID-WESTERN REGIONAL YOUTH COUNCIL

GOV400066, COS300610

The Youth Mayor, Brody Mundey, addressed the Council.

202/18 MOTION: Holden / Shelley That Council: 1. receive the report by the Manager, Community Services on

the Mid-Western Regional Youth Council;

2. note the minutes of the Youth Council meetings convened on 13 March, 22 May and 19 June 2018;

3. note the result summaries of the two gap analysis surveys for youth services within the Mid-Western region;

4. note recent Youth Council discussions and activities, as well as future direction and planning; and

5. congratulate the Councillors of the Youth Council for their efforts throughout the year.


Item 4: Matters in Progress

Lue and Goolma Tips

203/18 MOTION: Holden / Shelley That Lue and Goolma Tips, resolution 49/18 from the 21 March 2018 Council Meeting be noted as complete.

The motion was carried with the Councillors voting unanimously. 204/18 MOTION: Thompson / Shelley

That Item 9.6 of the agenda, Application for Proposed Closure of Part Moolarben Road - Moolarben Coal Mines Pty Ltd, Sojitz Moolarben Resources Pty Ltd & Kores Australia Moolarben Coal Pty Ltd, be brought forward.




9.6 APPLICATION FOR PROPOSED CLOSURE OF PART

MOOLARBEN ROAD - MOOLARBEN COAL MINES PTY LTD, SOJITZ MOOLARBEN RESOURCES PTY LTD & KORES AUSTRALIA MOOLARBEN COAL PTY LTD

GOV400066, ROA100300,R0066001

205/18 MOTION: Shelley / Kennedy That Council: 1. receive the report by the Revenue and Property Manager

on the Application for Proposed Closure of Part Moolarben Road - Moolarben Coal Mines Pty Ltd, Sojitz Moolarben Resources Pty Ltd & Kores Australia Moolarben Coal Pty Ltd;

2. acknowledge the submissions and objections as identified in Attachment 6 and 7 to this Report which were received prior to 1 July 2018 regarding the proposed closure of that part of Moolarben Road road reserve as identified in Attachment 1 to this Report;

3. having considered the submissions and objections, approve/consent, in accordance with the Roads Act 1993 (NSW), Department of Primary Industries Lands Guidelines and Council’s Land Acquisition and Disposal Policy, the closure of that part of Moolarben Road road reserve as identified in Attachment 1 to this Report and progress the Application as set out in the Crown Land Management Act 2016 No 58 Schedule 7 Savings, Transitional and other Provisions;

4. accept the offer made by Moolarben Coal Mines Pty Ltd, Sojitz Moolarben Resources Pty Ltd & Kores Australia Moolarben Coal Pty Ltd, as identified in the Offer dated 7/8/2018 and in the Valuation Report dated 4/6/2018, for the purchase of the land vested in Council upon the proposed closure of that part of Moolarben Road road reserve as identified in Attachment 1 to this Report;

5. require that Moolarben Coal Mines Pty Ltd, Sojitz Moolarben Resources Pty Ltd & Kores Australia Moolarben Coal Pty Ltd be responsible for all costs, including the cost of the valuation dated 4/6/2018 and Council’s reasonable legal costs, associated with the proposed closure and subsequent sale of that part of Moolarben Road road reserve as identified in Attachment 1 to this Report;

6. authorise the General Manager and Mayor to sign all documentation necessary in relation to the proposed



closure and subsequent sale of that part of Moolarben Road road reserve as identified in Attachment 1 to this Report;

7. authorise the Common Seal of Council to be affixed to all documentation necessary in relation to the proposed closure and subsequent sale of that part of Moolarben Road road reserve as identified in Attachment 1 to this Report; and

8. formally request that at the completion of the mine that the road be reopened as a public road at the cost of the Moolarben mine.

AMENDMENT: Thompson / Martens That Council liaise with the Moolarben community about the possibility of relocating the road. The amendment was put and lost with Councillors voting as follows:

Councillors Ayes Nayes Cr Shelley Cr Kennedy Cr Martens Cr Thompson Cr Paine Cr Karavas Cr O'Neill Cr Holden

The motion was put and carried with Councillors voting as follows:

Councillors Ayes Nayes Cr Shelley Cr Kennedy Cr Martens Cr Thompson Cr Paine Cr Karavas Cr O'Neill Cr Holden

Item 5: Mayoral Minute

5.1 MAYORAL MINUTE: ASSISTANCE FOR FARMERS FAMILY MENTAL HEALTH DAY

GOV400066, A0100035

206/18 MOTION: Kennedy



That Council donate $5,000 to assist the Farmers Family Mental Health Day from Council’s Community Grants Program.

The motion was carried with the Councillors voting unanimously. Councillor Martens declared a significant non-pecuniary conflict of interest in the supplementary motion as she is a farmer and left the room at 6:40pm. Cr Martens did not participate in the discussion or vote in relation to this matter. 207/18 SUPPLEMENTARY MOTION: Thompson / Holden

That Council liaise with our Federal Member to look at the possibility of bringing produce from WA on trains so that farmers can feed their stock. The supplementary motion was put and carried with Councillors voting as follows:

Councillors Ayes Nayes Cr Shelley Cr Kennedy Cr Thompson Cr Paine Cr Karavas Cr O'Neill Cr Holden

Councillor Martens returned to the Chambers at 6:44pm.

Item 6: Notices of Motion or Rescission

6.1 CORPORATE JACKETS FOR COUNCILLORS AND THE GENERAL MANAGER

GOV400066, A0100035

MOTION That Council fit out each Councillor and the General Manager with a suit style jacket with the MWRC logo, Councillors name and term (e.g. 2016 - 2020) embroidered on it and, if continual service, that term would be recognised.

This item was withdrawn. 6.2 SHOWERS FOR COMMUNITY MEMBERS IN THE REGION

AFFECTED BY THE DROUGHT GOV400066, A0100035, F0650007



MOTION That Council’s showering facilities at the Mudgee Showground be opened for use by members of the community who are affected by the drought.

This item was withdrawn. 6.3 INVESTIGATION OF KANGAROO MEAT PROCESSING

PLANT GOV400066, A0100035

MOTION: Thompson / Karavas

That Council investigate the possibility of a kangaroo meat processing plant for our region. The motion was put and lost with Councillors voting as follows:

Councillors Ayes Nayes Cr Shelley Cr Kennedy Cr Martens Cr Paine Cr Karavas Cr O'Neill Cr Holden Cr Thompson

6.4 NIGHTRIDER BUS SERVICE

GOV400066, A0100035

208/18 MOTION: Thompson / Holden That the General Manager continue to liaise with the operator of the Nightrider Bus Service, the community and the Police in Gulgong with a view to continuing this service.


Item 7: Office of the General Manager

7.1 2018 CHRISTMAS CLOSE DOWN GOV400066, A0260003

209/18 MOTION: Holden / Paine

That Council: 1. receive the report by the Director Community on the 2018



Christmas Close Down; and

2. notes that administrative centres, works depots and libraries will close for the Christmas holidays from 12 noon on Thursday 20 December 2018, returning on Wednesday 2 January 2019.


Item 8: Development

8.1 PLANNING PROPOSAL PART OF LOT 2 DP 136904 AND LOT 4 DP 1204035 WILBETREE ROAD AND CASTLEREAGH HIGHWAY, MENAH - POST EXHIBITION

GOV400066, LAN900053

210/18 MOTION: Shelley / O'Neill That Council: 1. receive the report by the Manager, Strategic Planning on

the Planning Proposal part of Lot 2 DP 136904 and Lot 4 DP 1204035 Wilbetree Road and Castlereagh Highway, Menah - Post Exhibition; and

2. exercise its delegation in relation to the preparation of the amendment to the Mid-Western Regional Local Environmental Plan 2012 to reduce the minimum lot size and rezone land in respect to part of Lot 2 DP 136904 and Lot 4 DP 1204035 Wilbetree Road and Castlereagh Highway, Menah subject to the Opinion issued by Parliamentary Counsel.

The motion was put and carried with Councillors voting as follows: Councillors Ayes Nayes Cr Shelley Cr Kennedy Cr Martens Cr Thompson Cr Paine Cr Karavas Cr O'Neill Cr Holden

8.2 DRAFT DEVELOPMENT CONTROL PLAN AMENDMENT 3

GOV400066, LAN900081

211/18 MOTION: Holden / Paine That Council:



1. receive the report by the Manager, Strategic Planning on

the Draft Development Control Plan Amendment 3;

2. place the draft Development Control Plan Amendment 3 on public exhibition for a period of 28 days; and

3. receive a further report following the conclusion of the public exhibition period to consider any submissions received.

The motion was carried with the Councillors voting unanimously. 8.3 NEW YEAR'S EVE CELEBRATIONS

GOV400066, ECO800009

212/18 MOTION: Shelley / Karavas That Council: 1. receive the report by the Events Coordinator on the New

Year's Eve Celebrations;

2. place its intention to provide financial support to Parklands Resort and Conference Centre on public exhibition for a period of 28 days; and

3. provide $5,000 in financial support to Parklands Resort and Conference Centre for the New Year’s Eve 2018 Community Fireworks, to be funded from Council donations and contributions if no submissions are received.

The motion was carried with the Councillors voting unanimously. 8.4 AUSTRALIA DAY AWARDS PROGRAM CHANGES

GOV400066, CMR200041

MOTION : Thompson That Council: 1. receive the report by the Events Coordinator on the Australia

Day Awards Program Changes; and

2. endorse the recommended changes to the Australia Day Awards Program and approve the following award categories from 2019:

Citizen of the Year Young Citizen of the Year Community Event of the Year



Glen Johnston Memorial Award – Arts and Music Sports Award Volunteer Services Award Wall of Reflections Young Farmer Award

The motion lapsed for want of a seconder.

213/18 MOTION: Paine / Holden

That Council: 1. receive the report by the Events Coordinator on the

Australia Day Awards Program Changes; and

2. endorse the recommended changes to the Australia Day Awards Program and approve the following award categories from 2019:

Citizen of the Year Young Citizen of the Year Community Event of the Year Glen Johnston Memorial Award – Arts and Music Sports Award Volunteer Services Award Wall of Reflections

The motion was carried with the Councillors voting unanimously. 8.5 EVENTS ASSISTANCE APPLICATIONS - MUDGEE RUGBY

CLUB INC GOV400066, ECO800009; FIN300052

214/18 MOTION: Shelley / Karavas

That Council: 1. receive the report by the Events Coordinator on the Events

Assistance Applications - Mudgee Rugby Club Inc.; and

2. provide Events Assistance funding of $1,628 (in-kind) to the Mudgee Rugby Club Inc. for the waiver of Glen Willow Hire Fees.

The motion was carried with the Councillors voting unanimously. The following recommendations (item 8.6 to item 8.5) were adopted as a whole, being moved by Cr Shelley, seconded by Cr Karavas and carried with Councillors voting unanimously. Each recommendation is recorded with separate resolution numbers commencing at Resolution No. 215/18 and concluding at Resolution No. 216/18



8.6 EASY TO DO BUSINESS (ETDB) PROGRAM

GOV400066, GOR500008

215/18 MOTION: Shelley / Karavas That Council: 1. receive the report by the Manager Economic Development

on the Easy to do Business (EtdB) Program; and

2. delegate authority to the General Manager to enter into an agreement with Service NSW for Easy to do Business and execute any necessary documents under the Common Seal of Council.

The motion was carried with the Councillors voting unanimously. 8.7 MONTHLY DEVELOPMENT APPLICATIONS PROCESSING

AND DETERMINED GOV400066, A100055, A100056


That Council receive the report by the Director Development on the Monthly Development Applications Processing and Determined.


Item 9: Finance

The following recommendations (item 9.1 to item 9.5) were adopted as a whole, being moved by Cr Shelley, seconded by Cr O’Neill and carried with Councillors voting unanimously. Each recommendation is recorded with separate resolution numbers commencing at Resolution No. 217/18 and concluding at Resolution No. 221/18. 9.1 BUDGET REVOTES FROM 2017/18 TO 2018/19

GOV400066, FIN300179

217/18 MOTION: Shelley / O'Neill That Council: 1. receive the report by the Acting Chief Financial Officer on

the Budget Revotes From 2017/18 to 2018/19; and

2. amend the 2018/19 Operational Plan to reflect the revote of $1,354,136 expenditure with funding as follows:



General Fund Unrestricted Cash $550,800

General Fund Internal Reserves $209,728

General Fund Developer Contributions $30,179

General Fund Unspent Grant/Contributions

$47,026

General Fund Grants/Contributions $237,631

Saleyards Fund Reserves $5,095

Waste Fund Reserves $90,126

Waste Fund Unspent Grant/Contributions

$60,417

Water Fund Reserves $93,637

Water Fund Developer Contributions $29,497

3. amend the 2018/19 Operational Plan to reflect carried forward expenditure of $6,331,439 for multi-year projects with funding as follows:

General Fund Unrestricted Cash $109,833

General Fund Internal Reserves $184,364

General Fund Developer Contributions $7,126

General Fund Unspent Grant/Contributions

$1,830,897

General Fund Grants/Contributions $4,035,686

Water Fund Reserves $62,749

Waste Fund Unspent Grant/Contributions

$100,784

The motion was carried with the Councillors voting unanimously. 9.2 NEW AND AMENDED FEES AND CHARGES 2018/19

GOV400066, FIN300117

218/18 MOTION: Shelley / O'Neill



That Council: 1. receive the report by the Graduate Accountant - Grants &

Contributions on the New and Amended Fees and Charges 2018/19; and

2. add the following new fees, as written, and place on public exhibition for 28 days;

Service Type/ Fee Fee amount

($)

GST Conditions Price Policy

Financial Services – Debt Recovery Refund Processing Refund processing fee (per refund request)

20.00

Yes

One refund per financial year is free. Subsequent requests for refund of a credit balance on rates, water usage and general debtor accounts will be charged the refund processing fee

SUB

Building Approvals & Certificates – Registration of privately issued Construction Certificates Registration of Privately issued Construction Certificate or Complying Development Certificates Planning & Development – Subdivision Certificates Registration of Privately issued Subdivision Certificate

36.00 36.00

NA NA

Per Certificate Per Certificate

STAT STAT

Waste Management – Waste Annual Charges Commercial FOGO collection Waste Management – Commercial Waste Disposal – Mudgee Waste Depot Waste collection ‘One Off’ Waste collection ‘One Off’

100.00 20.00 90.00

NA Yes Yes

Per annum per service (service = 1 x 240 litre MGB per week) Per 240 litre MGB Per cubic meter

FCR FCR FCR



Waste Management – Commercial Waste Disposal – Gulgong Waste Transfer Station and Kandos Waste Depot Large Green waste loads

25.00

Yes

Per cubic meter

FCR

Community Buildings – Security Bonds Rylstone Memorial Hall – Twin Town Players

0.00

NA

Twin Town Players are exempt from paying a security bond

BOND

3. amend the following fee amount and description, as written

and place on public exhibition for 28 days;

Service Type/ Fee Fee amount

($)

Amended fee

amount ($)

Financial Services – Fee 9.3 Filing Fee, Statement liquidated claim ($0.01 to $10,000 – Corp) Fee 9.4 Filing Fee, Statement liquidated claim ($10,000.01 to $100,000 – Corp) Fee 9.5 Filing Fee, Examination Order ($0.01 to $100,000) Fee 9.6 Filing Fee, Writ of Execution ($0.01 to $100,000) Fee 9.7 Filing Fee, Warrant of Apprehension Fee 9.8 Service of Documents Fee (includes garnishee order) Fee 9.11 Preparation Fees – Bankruptcy notice/winding up Fee 9.12 Preparation Fees – other documents Fee 9.14 On-line business or Company Searches Fee 9.15 Location Searches Fee 9.16 Title Searches Fee 9.31 Objections to or Refusal of instalment Order Fee 9.32 Defended Hearings of Claim Fee 9.33 Winding-Up Costs Lump Sum Fee 9.34 Winding-Up Costs per hour in addition to Winding-up Costs Lump Sum

198.00

488.00

172.00 84.00 84.00 65.00

300.00 150.00

50.00 50.00 50.00

150.00 300.00

2,142.00 220.00

202.00

498.00

176.00 86.00 86.00 67.00

440.00 250.00 150.00 150.00

65.00 250.00 250.00

2,426.00 250.00

Property Services – Council Road Reserves Road Closures - Permanent Fee 14.1 Investigation Fee (non-refundable) Road Closure – Council Road Reserve. Fees are per road reserve. Fee 14.2 Application Fee (non-refundable) Road Closure – Council Road Reserve. Fees are per road reserve. Fee 14.3 Processing Fees (non-refundable) Road Closure – Council Road Reserve. Components:

550.00

1,366.00

14,650

1,000.00

1,500.00



Formal Road Closure Process Survey (per plan) Valuation for formed road Legal/Transfer costs

3,250 5,000 3,000 3,400

4. amend the following fee condition, as written and place on

public exhibition for 28 days;

Service Type/ Fee Condition Amended Condition Property Services – Fee 14.1 Investigation Fee (non-refundable) Road Closure – Council Road Reserve. Fees are per road reserve. Fee 14.2 Application Fee (non-refundable) Road Closure – Council Road Reserve. Fees are per road reserve. Fee 14.3 Processing Fees (non-refundable) Road Closure – Council Road Reserve. Components: Formal Road Closure Process Survey (per plan) Valuation for formed road Legal/Transfer costs

Processes include preliminary internal investigations, initial neighbour and agency notification where required and report back to applicant with investigation results. Processes include Council administration costs, neighbour and agency notification, review and; compilation of Council report. Fee includes estimated costs for survey, linen, valuation, status search, legal fees, Crown application fee where applicable and Council administration costs. Where actual costs exceed this fee, Council will invoice for the balance. The fee does not include the value of the land which is subject to negotiation in accordance with Council's Land Acquisition & Disposal Policy, valuation and any other relevant considerations.

Processes include preliminary internal investigations, status search/report and report back to applicant with investigation results and whether a road closure application will be accepted. Processes include council administration costs, neighbour and notification referrals, notifications/advertising, review of submissions and compilation of council report. Where actual costs exceed these fees, Council will invoice for the balance. The fees do not include the value of the land which is subject to negotiation in accordance with Council’s Land Acquisition and Disposal Policy, valuation and any other relevant considerations.



Waste Management – Fee 20.23 Sorted Bricks, Concrete, Tile, Timber and Green Waste

Per tonne

Fee description to remove the wording ‘and Green Waste’.

5. remove the following fees from 2018/19 Fees and Charges;

Service Type/ Fee Fee amount ($)

GST Conditions Price Policy

Environmental Health – Weed Management Weeds Administration Noxious Weeds Certificate

92.00

NA

Per Certificate

DCR

Animal & Stock Control – Impound & Release Fees Sale of impounded companion animal

POA

YES

Impounded animals not claimed by owners will be sold by public sale, proceeds less any outstanding charges, will be returned to the animal owner if they can be identified.

REF

Waste Management – Bin Rental – Long Term Hire Bin – 3 Cubic Metres

20.00

Yes

Per month

FCR

6. endorse the new and amended fees following the 28 day

public exhibition period if no submissions are received.

The motion was carried with the Councillors voting unanimously. 9.3 MONTHLY STATEMENT OF INVESTMENT AND BANK

BALANCES AS AT 31 JULY 2018 GOV400066, FIN300053

219/18 MOTION: Shelley / O'Neill

That Council: 1. receive the report by the Acting Chief Financial Officer on

the Monthly Statement of Investment and Bank Balances as at 31 July 2018; and

2. note the certification of the Responsible Accounting Officer.



The motion was carried with the Councillors voting unanimously. 9.4 NAMING OF SORATA LANE, WINDEYER

GOV400066, R0790041

220/18 MOTION: Shelley / O'Neill That Council: 1. receive the report by the Property Support Officer on the

naming of an unnamed road off Campells Creek Road in the locality of Windeyer; and

2. formally approve the name of Sorata Lane for this unnamed road.

The motion was carried with the Councillors voting unanimously. 9.5 NAMING OF REDDISH LANE, GULGONG

GOV400066, R0790063

221/18 MOTION: Shelley / O'Neill That Council: 1. receive the report by the Property Support Officer on the

naming of an unnamed lane off Wenonah Street to Anderson Street in the town of Gulgong; and

2. formally approve the name of Reddish Lane for this unnamed road.

The motion was carried with the Councillors voting unanimously. Councillor Thompson left the Chambers at 6:55pm due to personal reasons and did not return to the meeting.

Item 10: Operations

10.1 IRON BARKS ROAD - PROPOSED ROAD WORKS GOV400066, R0178001

222/18 MOTION: Shelley / Martens

That Council:

1. receive the report by the Senior Works Engineer on the Iron Barks Road - Proposed Road Works; and



2. endorse the proposal to carry out resheeting and grading works on Iron Barks Road as detailed in the body of the report.


Item 11: Community

11.1 POLICY REVIEW: ELECTION OF MAYOR AND DEPUTY MAYOR

GOV400066, A0110008

223/18 MOTION: Shelley / Holden That Council rescind the Election of Mayor & Deputy Mayor Policy.

The motion was carried with the Councillors voting unanimously. 11.2 ACCEPTANCE OF GRANT FUNDING FOR CUDGEGONG

WATERS CARAVAN PARK WATER SYSTEMS PROJECT GOV400066, GRA600038 FIN300137

224/18 MOTION: Holden / O'Neill

That Council: 1. receive the report by the Director Community on the

Acceptance of Grant Funding for Cudgegong Waters Caravan Park Water System Project;

2. accept grant funding of $74,420 plus GST from NSW Department of Industry Liquor & Gaming NSW, for the Cudgegong Waters Caravan Park Water Systems Project.

The motion was carried with the Councillors voting unanimously. 11.3 ACCEPTANCE OF GRANT FUNDING FOR GLEN WILLOW

SPORTSGROUND COMPLEX, STAGE 2 PROJECT GOV400066, PAR300584



Acceptance of Grant Funding for Glen Willow Sportsground Complex, Stage 2 Project;



2. accept the grant funding for $6,950,000 from the Australian Government Department of Regional Development, Territories and Local Government under the Building Better Regions Fund;

3. authorise the Mayor and General Manager to finalise and sign funding agreements the relevant funding agreements for the Building Better Regions Fund grant;

4. amend the 2018/19 Operational Plan in acceptance of this funding, providing an overall expenditure budget of $13,900,000 for Glen Willow Upgrades with $6,950,000 from the Building Better Regions Fund, $400,000 from Section 94 contributions; and $6,550,000 coming from other grant funding sources.

5. note that if no further grant funding is forthcoming from other grant applications that a further report will be presented to Council to determine the best approach to proceed with the works; and

6. note that no major works will proceed under the funding agreement until the outcome of other funding applications is known and the overall funding strategy is secured.

The motion was carried with the Councillors voting unanimously. The following recommendations (item 11.4 to item 11.7) were adopted as a whole, being moved by Cr Shelley, seconded by Cr Paine and carried with Councillors voting unanimously. Each recommendation is recorded with separate resolution numbers commencing at Resolution No. 226/18 and concluding at Resolution No. 229/18. 11.4 COUNCIL REPRESENTATION AT MEMORIAL SERVICES

POLICY GOV400066, A0310003

226/18 MOTION: Shelley / Paine


Council Representation at Memorial Services Policy; and

2. endorse the Council Representation at Memorial Services Policy.

The motion was carried with the Councillors voting unanimously. 11.5 MEMORANDUM OF UNDERSTANDING - TWIN TOWN

PLAYERS GOV400066, F0590010





Memorandum of Understanding - Twin Town Players; and

2. endorse the proposed changes to the Memorandum of Understanding with the Twin Town Players for the use of the Rylstone Memorial Hall.

The motion was carried with the Councillors voting unanimously. 11.6 COMMUNITY SERVICES QUARTERLY UPDATE - APRIL TO

JUNE 2018 GOV400066, COS300015


That Council: 1. receive the report by the Manager, Community Services on

the Community Services Quarterly Update - April to June 2018; and

2. note the recent services provided and activities coordinated by Council’s Community Services Department.

The motion was carried with the Councillors voting unanimously. 11.7 LIBRARY SERVICES - QUARTERLY REPORT

GOV400066, F0620020

229/18 MOTION: Shelley / Paine That Council:

1. Receive the report by the Library Services Coordinator on the Library Services – Quarterly Report; and

2. Support the united Local Government NSW and NSW Public Libraries Renew Our Libraries campaign.


Item 12: Reports from Committees

The following recommendations (item 12.1 to item 12.7 not including item 12.4) were adopted as a



whole, being moved by Cr Shelley, seconded by Cr Paine and carried with Councillors voting unanimously. Each recommendation is recorded with separate resolution numbers commencing at Resolution No. 230/18 and concluding at Resolution No. 235/18. 12.1 MUDGEE AND GULGONG ACCESS COMMITTEE

GOV400066, COS300015

230/18 MOTION: Shelley / Paine That Council: 1. receive the report by the Manager, Community Services on

the Mudgee and Gulgong Access Committee; and

2. note the minutes of the meetings held on 6 March, 3 April, 1 May and 17 July 2018.

The motion was carried with the Councillors voting unanimously. 12.2 RYLSTONE AND KANDOS ACCESS COMMITTEE

GOV400066, A0060129

231/18 MOTION: Shelley / Paine That Council: 1. receive the report by the Manager, Community Services on

the Rylstone and Kandos Access Committee; and

2. note the minutes of the meetings held on 13 February, 17 April and 12 June 2018.

The motion was carried with the Councillors voting unanimously. 12.3 GULGONG MEMORIAL HALL COMMITTEE MEETING 10 JULY

2018 GOV400066, A0100024



Gulgong Memorial Hall Committee meeting 10 July 2018; and

2. note the minutes from the Gulgong Memorial Hall Committee meeting held 10 July, 2018.




12.5 CULTURAL DEVELOPMENT COMMITTEE GOV400066, REC800019


That Council: 1. receive the report by the Manager, Community Services on

the Cultural Development Committee; and

2. note the minutes of the Cultural Development Committee meetings convened on 9 October 2017, 4 December 2017, 5 February 2018, 30 May 2018 and 4 July 2018.

The motion was carried with the Councillors voting unanimously. 12.6 LOCAL TRAFFIC COMMITTEE MEETING - 20 JULY 2018

GOV400066, A0100009

234/18 MOTION: Shelley / Paine That Council:

1. Approve the event – “Mudgee Running Festival 2018 (Marathon Weekend)” Sunday 19 August 2018 – be classified as a Class 2 event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions:

a. Special Events Transport Management Plan (TMP), is to be

prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.4 and submitted to and approved by Council prior to the event;

b. Events are to be undertaken in accordance with the requirements of the NSW Police Force with their approval documentation forwarded to Council for notation;

c. Controlling noise as required by the Protection Of The Environment Operations (Noise Control) Regulation 2000;

d. Reimbursing Council for the cost of damage repairs; e. Complying with Council's Law Enforcement Officers'

reasonable directives; f. Maintain areas in a clean and tidy condition. No

obstructions are to be left on the roadways or footpaths; g. A Traffic Control Plan (TCP) certified by a person with a

‘Select & Modify’ or a ‘Design & Audit’ certificate be included in the TMP;

h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate;

i. Council must be provided with a current copy of a public



liability insurance policy in the amount of at least $20 million. Such a policy is to note that Council, NSW Police and the RMS are indemnified against any possible action as the result of the event;

j. The event convener is to notify all affected businesses and residents adjacent to the proposed closure indicating the period during which their accesses will be affected. Such notification is to be in writing;

k. Maintain a four-metre wide emergency vehicle lane; l. Advertise the proposed event in local newspapers with

relevant information at least two weeks prior to the date; and

m. The organiser is to have a debrief with Council and Police with all traffic control documentation and controls tabled for review.

n. TCP’s to be provided to RMS for Castlereagh Hwy as soon as possible and remaining TCP’s to LTC by 27 July 2018.

2. Council approve the event – ‘Cudgegong Jump Club & State Pony

Club One Day Event, 23 September 2018 – be classified as a Class 2 Event under the Guide to Traffic and Transport Management for Special Events Version 3.4 and proceeds with the following conditions:

a. A ‘Special Events Transport Management Plan (TMP) is to be

prepared in accordance with the Guide to Traffic and Transport Management for Special events Version 3.4 and submitted to and approved by Council prior to the event;

b. Events are to be undertaken in accordance with the requirements of the NSW Police Service with their approval and documentation forwarded to the Council for notation;

c. Controlling noise as required by the Protection of The Environment Operations (Noise Control) Regulation 2000;

d. Reimbursing Council for the cost of any damage or repairs; e. Complying with Council’s Law Enforcement Officers

‘reasonable directives; f. Maintain areas in a clean and tidy condition. No obstructions

are to be left on the roadways or footpaths; g. The qualification of the person creating the traffic Control

Plan must be at a minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate;

h. Any person directing traffic on a public road is required to possess an appropriate traffic controller’s certificate;

i. Council must be provided with a current copy of a public liability insurance policy in the amount of a least $20 million. Such a policy is to note that Council , NSW Police and RMS are indemnified against any possible action as the



result of the event; j. The event convener is to notify all affected businesses and

residents adjacent to the proposed closure, indicating the period during which their accesses will be affected. Such notification is to be in writing;

k. Maintain a four-meter wide emergency vehicle lane; l. Advertise the proposed event in local newspapers with

relevant information at least two weeks prior to the date; m. The organiser is to have a debrief with Council and Police

with all traffic control documentation and controls tables for review ;

n. The supplied transport management plan, including traffic control plans, are to be updated with current industry contacts; and

o. Traffic Control Plan to include signage up Craigmore Road and amend TCP to ensure 100 meters minimum distance between all signs.

3. Council approve the event – ‘Mudgee Lions Club Ride Against Cancer ’ 6th – 21st October 2018 – be classified as a Class 2 Event under the “Guide to Traffic and Transport Management for Special Events Version 3.4” and proceeds with the following conditions:

a. A Special Events Transport Management Plan (TMP), is to be prepared in accordance with the Guide to Traffic and Transport Management for Special Events Version 3.3 and submitted to and approved by Council prior to the event;

b. Events are to be undertaken in accordance with the requirements of the NSW Police Force with their approval documentation forwarded to Council for notation;

c. Controlling noise as required by the Protection of The Environment Operations (Noise Control) Regulation 2000;

d. Reimbursing Council for the cost of damage repairs; e. Complying with any of Council’s Law Enforcement

Officers’ reasonable directives; f. Maintain areas in a clean and tidy condition. No

obstructions are to be left on the roadways or footpaths; g. the qualification of the person creating the Traffic Control

Plan must be at a minimum a holder of the Select and Modify Certificate or the Design and Audit Certificate;

h. Any person implementing a Traffic Control Plan on a public road is required to possess an appropriate traffic controller’s certificate;

i. Council must be provided with a current copy of a public liability insurance policy in the amount of at least $20



million. Such a policy is to note that Council, RMS and NSW Police Force are indemnified against any possible action as the result of the event;

j. Advertise the proposed event in local newspapers with relevant information at least two weeks prior to the date.

4. That Council approve the installation of a “No Stopping” zone adjacent to the access driveway for the Services NSW building at 65-67 Church Street Mudgee as per below sketch.

The motion was carried with the Councillors voting unanimously. 12.7 MUDGEE REGIONAL SALEYARDS COMMITTEE

GOV400066, F0720001

235/18 MOTION: Shelley / Paine That Council: 1. receive the report by the Manager, Plant and Facilities on



the Mudgee Regional Saleyards Committee; and

2. accept the minutes of the meeting held 22 March 2018.


Item 13: Urgent Business Without Notice

Windamere Dam Water Modelling 236/18 MOTION: Holden / Karavas

That item 7.2 Windamere Dam Water Modelling be considered as Urgent Business Without Notice.

.The motion was carried with the Councillors voting unanimously. 237/18 MOTION: Holden / Martens

That Council: 1. receive the report by the General Manager on the

Windamere Dam Water Modelling;

2. note the quotes provided and proceed with engaging an independent consultant to provide a peer review of the modelling provided by Water NSW on Windamere Dam; and

3. amend the Operational Plan 2018/19 to allocate a budget of $10,000 to water management administration to be funded from water fund unrestricted cash.

The motion was carried with the Councillors voting unanimously. Windamere Dam Bulk Water Transfers

238/18 MOTION: Holden / O'Neill

That a supplementary motion on Windamere Dam Bulk Water Transfers be considered as Urgent Business Without Notice.

The motion was carried with the Councillors voting unanimously. 239/18 SUPPLEMENTARY MOTION: Holden / Karavas

That Council support in principle the concerns raised by the community of the Bulk Water Transfers at Windamere Dam.




Item 14: Confidential Session

240/18 MOTION: O'Neill / Shelley That pursuant to the provisions of Section 10 of the Local Government Act, 1993, the meeting be closed to the public.

The motion was carried with the Councillors voting unanimously. Following the motion to close the meeting being moved and seconded, the General Manager announced that the following matters would be considered in confidential session and the reason why it was being dealt with in this way.

14.1 General Manager's Performance Agreement 2018-2019

The reason for dealing with this report confidentially is that it relates to personnel matters concerning particular individuals (other than Councillors) in accordance with Section 10A(2)(a) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of an individual, namely the performance of the General Manager.

14.2 Mudgee and Gulgong Access Committee

The reason for dealing with this report confidentially is that it relates to personnel matters concerning particular individuals (other than Councillors) in accordance with Section 10A(2)(a) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of previous interactions between a member of the community and members of a Council section 355 Committee and Council staff.

14.3 Proposed Disposal of 70 Court Street, Mudgee

The reason for dealing with this report confidentially is that it relates to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council in accordance with Section 10A(2)(c); (d)(i)and (d)(ii) of the Local Government Act, 1993. Discussion of this matter in an open meeting would be, on balance, contrary to the public interest as it involves discussion of Financial information. Following an enquiry from the Mayor, the General Manager advised that there were no written representations in respect of this matter and that no person in the gallery wished to make verbal representations. The following recommendations (item 14.1 to item 14.3) were adopted as a whole, being moved by Cr Karavas, seconded by Cr Paine and carried with Councillors voting unanimously. Each



recommendation is recorded with separate resolution numbers commencing at Resolution No. 240/18 and concluding at Resolution No. 242/18. 14.1 GENERAL MANAGER'S PERFORMANCE AGREEMENT 2018-

2019 GOV400066, A0381418

241/18 MOTION: Karavas / Paine

That Council: 1. receive the report by the Executive Manager, Human

Resources on the General Manager's Performance Agreement 2018-2019;

2. delete the words “Regular meetings with Regional Directors of State Government agencies” on page 4 of the Agreement; and

3. adopts the attached General Manager’s Performance Agreement for the Financial Year 2018/2019.

The motion was carried with the Councillors voting unanimously. 14.2 MUDGEE AND GULGONG ACCESS COMMITTEE

GOV400066, COS300015

242/18 MOTION: Karavas / Paine That Council: 1. receive the report by the Manager, Community Services on

the Mudgee and Gulgong Access Committee; and

2. decline the application by Graham Hedrick for membership to the Mudgee and Gulgong Access Committee.

The motion was carried with the Councillors voting unanimously. 14.3 PROPOSED DISPOSAL OF 70 COURT STREET, MUDGEE

GOV400066, P1122711

243/18 MOTION: Karavas / Paine That Council: 1. receive the report by the Director Community on the

Proposed Disposal of 70 Court Street, Mudgee; and

2. respond to the letter from TAFE NSW indicating that Council is interested in purchasing the subject site for



community use;

3. include in this response an indication that the proposed market value cost of purchase is not acceptable and that a lower offer will be made;

4. delegate the General Manager to negotiate with TAFE NSW or other State government agencies an agreed offer amount for Council’s consideration; and

5. receive a further report on the sale offer if a reasonable price can be negotiated.


Item 15: Urgent Confidential Business Without Notice

Item 16: Open Council

244/18 MOTION: Holden / Martens That: Council move to Open Council.

The motion was carried with the Councillors voting unanimously. The General Manager announced the decisions taken in Confidential Session.

Item 17: Closure

There being no further business the meeting concluded at 7:06pm.