Business Papers for Ordinary Meeting of Council 25 January 2021

Video

Following the return to open session the audio did not record correctly.  Please see below for resolutions.

The Mayor read the recommendations from Closed Council

13.1.    Confidential Report – ECDEV – 25/01/2021 – Proposed acquisition of land for Cullen Bullen Sewerage Scheme

THAT: Council approve the acquisition of the Proposed Site for $100,000 plus GST plus disturbance costs.

Council instruct Le Fevre & Co to prepare a contract for sale of land and to act on Council’s behalf in respect of the legal aspects of the acquisition. Council delegate authority to the General Manager to negotiate and approve terms and conditions of agreement, and execute all documents necessary to facilitate the acquisition, subdivision and easement for access. The Proposed Site be classified ‘operational land’, for the purpose of section 31(2) of the Local Government Act 1993. Council hold a public meeting for the community at Cullen Bullen as soon as possible.  MOVED: Councillor J Smith     SECONDED: Councillor M Statham

CARRIED: Unanimously   

 

Divisions

FOR: Councillor R Thompson, Councillor S Ring, Councillor W McAndrew, Councillor C Coleman, Councillor D Goodsell, Councillor D Goodwin, Councillor S Lesslie, Councillor J Smith, Councillor M Statham

AGAINST: nil

13.2.     Confidential Report – ECDEV – 25/01/2021 – Tender for the Construction of the Lithgow Resource Recovery Centre

THAT:

Council accept the submission from Structen Pty Ltd for the Construction of the Lithgow Resource Recovery Centre. Delegate to the General Manager authority to enter a Contract with Structen Pty Ltd in accordance with the Tender for the Construction of Lithgow Resource Recovery Centre. MOVED: Councillor D Goodsell     SECONDED: Councillor S Ring CARRIED: Unanimously     

Divisions

FOR: Councillor R Thompson, Councillor S Ring, Councillor W McAndrew, Councillor C Coleman, Councillor D Goodsell, Councillor D Goodwin, Councillor S Lesslie, Councillor J Smith, Councillor M Statham

AGAINST: nil

13.3.     Confidential Report – IS – Tender Evaluation – 25/01/2021 – Back Cullen Road Portland

THAT Council:

Accept the submission from Peters Earthmoving Pty Ltd for the upgrade of Back Cullen Road. Delegate authority to the General Manager to enter a Contract with Peters Earthmoving Pty Ltd in accordance with the Tender for “The Upgrade of Back Cullen Road”. Reallocate $320,000 from the Back Cullen Road project (100310) to the 11-kilometre Glen Alice Road sealing project (100552) to maximise scope of work under this project. MOVED: Councillor S Ring     SECONDED: Councillor W McAndrew CARRIED: Unanimously     

Divisions

FOR: Councillor R Thompson, Councillor S Ring, Councillor W McAndrew, Councillor C Coleman, Councillor D Goodsell, Councillor D Goodwin, Councillor S Lesslie, Councillor J Smith, Councillor M Statham

AGAINST: nil

13.4.     Confidential Report – IS – 25/01/2021 – Tender Evaluation – Glen Alice Road, Glen Alice

THAT Council:

Accepts the submission from Dukes Earthmoving Pty Ltd for the upgrade of Glen Alice Road. Delegate authority to the General Manager to enter a Contract with Dukes Earthmoving Pty Ltd in accordance with the Tender for “The Upgrade of Glen Alice Road”. Reallocate the projected $320,000 from 100546 – Back Cullen Road to Glen Alice Road to maximise the scope of this 11-kilometre sealing project. MOVED: Councillor M Statham     SECONDED: Councillor J Smith CARRIED: Unanimously     

Divisions

FOR: Councillor R Thompson, Councillor S Ring, Councillor W McAndrew, Councillor C Coleman, Councillor D Goodsell, Councillor D Goodwin, Councillor S Lesslie, Councillor J Smith, Councillor M Statham

AGAINST: nil

13.5.    Confidential Report – GM – 25/01/2021 – Final Investigation Report – Code of Conduct Matter

THAT:

 Council notes that the Code of Conduct Reviewer’s Investigation determined that in March 2020 Councillor Lesslie, when speaking to the media in relation to a spill incident at the Wallerawang STP, breached Council’s Code of Conduct and that the conduct should be regarded as extremely serious.  Council notes that the code of Conduct Reviewer’s Investigation found that Councillor Lesslie breached Council’s Code of Conduct at Clause 3.1 (a) and (e): you must not conduct yourself in a manner that: a) is likely to bring the council or other council officials into disrepute. e) causes, comprises or involves intimidation or verbal abuse.  Council notes that the Code of Conduct Reviewer’s Investigation found that Councillor Lesslie breached Council’s Code of Conduct at Clause 7.6 (h): You must not engage in any of the following inappropriate interactions: h) Councillors and administrators making personal attacks on council staff or engaging in conduct towards staff that would be contrary to the general conduct provision in Part 3 of this code in public forums including Social media.  Council accepts the recommendation (Recommendation 1) contained in the Code of Conduct Reviewer’s Final Investigation Report namely that: Councillor Stephen Lesslie be formally censured for the breach under section 440G of the Act.  Council formally censures Councillor Lesslie under section 440G of the Local Government Act for breaching the Code of Conduct at Clause 3.1 (a) and (e) and Clause 7.6 (h) MOVED: Councillor W McAndrew     SECONDED: Councillor S Ring CARRIED:   

Divisions

FOR: Councillor R Thompson, Councillor S Ring, Councillor W McAndrew, Councillor D Goodsell, Councillor D Goodwin, Councillor J Smith, Councillor M Statham

AGAINST: Councillor C Coleman