GENERAL MANAGER’S REPORT ON MATTERS FOR
DETERMINATION SUBMITTED TO THE Extraordinary Council Meeting TO BE HELD ON Tuesday 9 April, 2019
Page 1
ITEM
1 - APPLICATIONS FOR LEAVE OF ABSENCE
REPORT IN
BRIEF
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Reason For Report
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To allow tendering of apologies
for councillors not present.
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Policy Implications
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Nil
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Budget Implications
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Nil
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IPR Linkage
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4.5.1.g - Code of Meeting
Practice adopted and implemented.
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Annexures
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Nil
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File Number
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\OFFICIAL RECORDS
LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE -
1005851
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Recommendation
THAT any apologies tendered be
accepted and the necessary leave of absence be granted.
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ACTING General Manager's REPORT
A call for apologies is to be
made.
ITEM
2 - DECLARATIONS OF INTEREST
REPORT IN
BRIEF
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Reason For Report
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To allow an opportunity for
councillors to declare an interest in any items to be determined at this
meeting.
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Policy Implications
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Nil
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Budget Implications
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Nil
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IPR Linkage
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4.5.1.g - Code of Meeting
Practice adopted and implemented.
|
|
Annexures
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Nil
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File Number
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\OFFICIAL RECORDS
LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF
DECLARATION OF INTEREST - 2018 - 1005852
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Recommendation
THAT the Declarations of
Interest be noted.
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ACTING General Manager's REPORT
A call for Declarations of
Interest.
ITEM
3 - DECLARATIONS FOR POLITICAL DONATIONS
REPORT IN
BRIEF
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Reason For Report
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To allow an opportunity for
Councillors to declare any Political Donations received.
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Policy Implications
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Nil
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Budget Implications
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Nil
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IPR Linkage
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4.5.1.g - Code of Meeting
Practice adopted and implemented.
|
|
Annexures
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Nil
|
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File Number
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\OFFICIAL RECORDS
LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF
POLITICAL DONATIONS - 1005853
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Recommendation
THAT any Political Donations be
noted.
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ACTING General Manager's REPORT
A call for declarations of any
Political Donations.
ITEM 4 - GENERAL MANAGER'S
APPOINTMENT
REPORT IN BRIEF
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Reason For Report
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Delegate
authority under Section 377 of the Local Government Act 1993.
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Policy
Implications
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Nil
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Budget
Implications
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Nil
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IPR Linkage
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4.5.1.a -
Provide quality administrative support and governance to councillors and
residents
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Annexures
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Nil
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File Number
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\OFFICIAL
RECORDS LIBRARY\CORPORATE MANAGEMENT\CONTRACTING\GENERAL MANAGERS - CONTRACT - 1005934
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Recommendation
THAT Council:
1. In
accordance with the provisions of s336(1) of the Local Government Act 1993, appoint Bradley John Byrnes as General Manager, Cabonne
Council, effective 15 April 2019.
2. Subject to not receiving direction
from the Council as to the consideration of any particular matter by the
Council itself and subject to the requirements of the Local Government Act
1993 and Regulations thereunder and any express policy of the Council or
regulations or any public authority other than the Council and pursuant to the
powers conferred on Council by s377 of the Local Government Act 1993, the
General Manager, Bradley John Byrnes, be authorised to exercise or perform on
behalf of the Council the powers, authorities, duties and functions as
follows:
i. The powers, functions and
duties of Council other than those specified in s377(1) of the Local
Government Act 1993, as being not permissible to delegate.
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MAYORAL
MINUTE
Council resolved
at the March meeting to enter into negotiations with the preferred candidate
and commence necessary background checks. This has been completed and Mr
Bradley Byrnes has formally accepted the position of General Manager. As
such, it will be necessary for Council formally appoint Mr Byrnes and delegate
authority under Section 377 of the Local Government Act 1993, effective from 15
April, 2019.
Section 355 of
the Local Government Act 1993 provides that a function of council may (subject
to restriction) be exercised by:
· The Council by means of the Councillors or employees;
· By its agents or contractors;
· By financial provision;
· By provision of goods, equipment, services, amenities or facilities,
or by any other means; or
· A committee of the Council or – partly or jointly by the
Council and another person or persons; or
· Two or more Councils jointly; or
· By a delegate of the Council.
Section 377 of
the Local Government Act 1993 states that:
1. A Council may, by resolution, delegate
to the General Manager any of the functions of the Council other than the
following:
a) the appointment of a general manager,
b) the making of a rate,
c) a determination under section 549 as
to the levying of a rate,
d) the making of a charge,
e) the fixing of a fee,
f) the borrowing of money,
g) the voting of money for expenditure on
its works, services or operations,
h) the compulsory acquisition, purchase, sale,
exchange or surrender of any land or other property (but not including the sale
of items of plant or equipment),
i) the acceptance of tenders which
are required under this Act to be invited by the council,
j) the adoption of an operational
plan under section 405,
k) the adoption of a financial statement
included in an annual financial report,
l) a decision to classify or
reclassify public land under Division 1 of Part 2 of Chapter 6,
m) the fixing of an amount or rate for the
carrying out by the council of work on private land,
n) the decision to carry out work on private
land for an amount that is less than the amount or rate fixed by the council
for the carrying out of any such work,
o) the review of a determination made by
the council, and not by a delegate of the council, of an application for
approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act
1979 ,
p) the power of the council to authorise
the use of reasonable force for the purpose of gaining entry to premises under
section 194,
q) a decision under section 356 to
contribute money or otherwise grant financial assistance to persons,
r) a decision under section 234 to
grant leave of absence to the holder of a civic office,
s) the making of an application, or the
giving of a notice, to the Governor or Minister,
t) this power of delegation,
u) any function under this or any other Act
that is expressly required to be exercised by resolution of the council.
ITEM 5 - DEMOLITION ORDER -
JUNCTION HOTEL VERANDAH, 40 GASKILL STREET, CANOWINDRA
REPORT IN BRIEF
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Reason For Report
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To obtain
council approval to carry out urgent works.
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Policy Implications
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Nil
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Budget Implications
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Costs
relating to demolition work of approximtely $50,000 to be sourced from
council reserves, and cost recovered from property owner.
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IPR Linkage
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4.5.3.g - Promptly investigate
inappropriate and unapproved building works
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Annexures
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Nil
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File Number
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\OFFICIAL
RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\MONITORING\UNAUTHORISED
WORKS - 1005999
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Recommendation
THAT council
carry out works to demolish the double storey verandah of the Junction Hotel,
40 Gaskill Street, being Lot 1 DP 996495, Canowindra, with funds to be
allocated from council reserves, and the cost of the demolition works to be
recovered from the property owners.
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Acting General Manager's REPORT
Following contact from the local
police, council has responded to a community concern relating to the structural
integrity of a double storey verandah at the Junction Hotel, at 40 Gaskill
Street, Canowindra. An order seeking repairs to the verandah was issued to the
property owners Mr DM & Mrs KR Murphy, however no action was taken by the
land owner.
The council’s heritage
advisor inspected the structure and recommended the demolition of the verandah,
and the reconstruction of a new verandah. Council also engaged a structural
engineer to inspect the verandah, and based upon that report subsequently
issued a second order for the demolition of the structure.
The property owner has not taken
action to comply with the order, and has contacted council seeking its
assistance. In the interim council has installed road barriers along the
southern side of the structure along Gaskill Street to protect pedestrians and
motorists in the event of likely failure of the structure.
Council has the right under
section 124 of the Local Government 1993, if compliance with an order is not
achieved, to do all things necessary to give effect to the terms of the order,
including the carrying out of any work required by the order and recover the
costs incurred.
It is proposed that because of
the risk to public safety, and the increasing danger to the public posed by the
structure, that council exercise its right, as per section 124 of the Act, and
have the outstanding works undertaken and recover the associated cost from the
property owners of the Junction Hotel, Canowindra.
