MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 15 February, 2010 COMMENCING AT 9.30am
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TABLE OF CONTENTS
ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 2 DECLARATIONS OF INTEREST
Mayoral Minute - Additional Item: Canowindra Pool
ITEM - 4 DECLARATIONS OF POLITICAL DONATIONS
ITEM - 5 CONFIRMATION OF THE MINUTES
ITEM - 6 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 7 SHIRES ASSOCIATION - 2010 E-DIVISION CONFERENCE
ITEM - 8 CODE OF CONDUCT GUIDELINES
ITEM - 9 BYNG/EMU SWAMP RURAL FIRE BRIGADE STATION
ITEM - 10 SHIRES ASSOCIATION OF NSW
ITEM - 11 COMPLAINTS MANAGEMENT POLICY
ITEM - 12 Quarterly Budget Review for the period from 1st October 2009 to 31st December 2009
ITEM - 13 WALUWIN COMMUNITY CENTRE - GRID CONNECT SOLAR PHOTOVOLTAIC (PV) GENERATOR SYSTEM
ITEM - 14 Local Government Remuneration Tribunal
Additional Item - Section 94 Road Contributions
ITEM - 15 Adoption of Council's existing policies
ITEM - 16 POLICY DATABASE - APOLOGY; OHS; AND WORKPLACE SAFETY AUDITS AND INSPECTIONS
ITEM - 17 Government Information (Public Access) Act ("GIPA")
ITEM - 18 Code of Meeting Practice
ITEM - 19 2009/2010 MANAGEMENT PLAN - SECOND QUARTERLEY REVIEW TO 31 DECEMBER 2009
ITEM - 20 2010 NSW Local Citizen of the Year Australia Post Commemorative Stamp
ITEM - 21 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 22 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 23 Local Government and Shires Associations 2010 Water Management Conference
ITEM - 24 Ophir Reserve - Improvements to Causeway
ITEM - 25 Canowindra Pool wall Mural
ITEM - 26 REQUEST FOR REFUND OF ADMINISTRATION FEE PAID
ITEM - 27 OBJECTIONS TO THE CLOSURE OF PUBLIC ROAD RESERVE ALONG BANK STREET, MOLONG
ITEM - 28 WORKS COMMITTEE MEETING MINUTES
ITEM - 30 Modification of DA 2006/251 subdivision of Lot 11 DP 546140, Euchareena Road , Molong.
ITEM - 31 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 32 Notice of Motion - Molong Water Supply
ITEM - 20 Cargo Road 80 km/h Speed Zone
ITEM - 1 WBC ACTIVITIES UPDATE REPORT
ITEM - 2 INVESTMENTS & RATES SUMMARIES
ITEM - 3 WALUWIN COMMUNITY CENTRE
ITEM - 4 2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE..
ITEM - 5 CANOBOLAS ZONE LIAISON COMMITTEE - ZONING
ITEM - 6 Quarterly Budget Review to the 31st December 2009
ITEM - 8 RESOLUTIONS REGISTER - INFOCOUNCIL
ITEM - 10 Cabonne Trainee and Apprentice Program
ITEM - 12 ORANGE RESOURCE RECOVERY AND WASTE PROJECT - ORANGE CITY COUNCIL RESPONSE TO SUBMISSIONS
ITEM - 13 Update on waste service provision to the eastern area of Cabonne
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 MAYORAL MINUTE - SNOWY WORKS & SERVICES
ITEM - 4 Snowy Works and Services
ITEM - 5 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 6 CUDAL UNITING CHURCH - SEWER PRE CONSTRUCTION LEVY - ASSESSMENT 2663.00000.4
ITEM - 7 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4239.20000.1
ITEM - 8 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS
ITEM - 9 QUARRY REVIEW COMMITTEE MEETING
ITEM - 10 LAND DEVELOPMENT SUB-COMMITTEE MEETING
MATTER OF URGENCY - LAND SALES INCENTIVES
REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE
PRESENT Clr K Duffy (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, I Gosper, A Durkin, D Hyde, K Walker, J Farr, J Culverson and S Wilcox.
Also present were the General Manager, Director of Finance & Corporate
Services, Director of Engineering & Technical Services, Director of
Environmental Services and Administration Manager.
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Proceedings in Brief An apology was tendered on behalf of Clr R Dowling, for his unavoidable absence from the meeting. |
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THAT the apology tendered by Clr R Dowling be accepted and the necessary leave of absence be granted.
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10/02/01 |
Carried |
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Proceedings in Brief Clr Gosper declared at interest in item 13 of Determination due to his daughter being an employee at the Waluwin Centre; Clr Culverson declared an interest in item 24 of Determination due to her Father in Law being Vice Chair of The Ophir Trust; Clr Duffy declared an interest in item 8 of Closed due to his son being named in that report. |
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THAT the Declarations of Interest be noted.
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10/02/02 |
Carried |
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Proceedings in Brief Clr Duffy · Citizenship Ceremony · Cadia Valley Operations meeting · Meeting with the Mayor of Cowra regarding tourism & water · Welcome to the new Anglican Priest at Eugowra · Extraordinary meeting · Policy Review Workshop · LEP Workshop · National Farmers Federation meeting · Australia Day celebrations – Cumnock, Cargo, Eugowra, Molong, Canowindra & Cudal · Cherry Festival meeting in Orange · Cargo Road Community meeting · Committee Day · Borenore Dam Water offer – an explanation of the circumstances for the offer being made was given. · Daroo meeting · Tumut Shire Council Visit · Farewell dinner for Roger Dunn · Beyond the Drought Seminar · Central Tablelands Water at Grenfell · Business Enterprise Centre meeting · WBC Climate Change workshop · Canowindra Pool meeting – discussion led to separate Motion below. · Cherry Festival meeting · Mullion Creek & District Progress Association
Clr Dean · Extraordinary, Council, Committee and Workshop meetings · Australia Day celebrations – Cargo, Eugowra & Cudal · Cargo Road Community meeting · Tumut Shire Council Visit · Cudal Progress Association meeting · Policies workshop
Clr MacSmith · Extraordinary, Council & Committee meetings · Australia Day celebrations – Cargo · Cargo Road Community meeting · Augmentation of new Minister for Cudal, Cargo, Manildra & Toogong at Manildra Anglican Church
Clr Gosper · Extraordinary, Council, Committee & Workshop meetings · Policies workshop · Australia Day celebrations – Cumnock, Molong & Yeoval · Meeting with Rob Staples Director of Engineering & Technical Services, Cabonne Council’s Chief Weed Officer & Clr Dowling looking at Class 4 weeds · Inspections at Canowindra · Onsite meeting Molong Skate Park · Cargo Road Community meeting · Tumut Shire Council Visit · Farewell dinner for Roger Dunn · Macquarie Valley Weeds Advisory Committee meeting · Canobolas Zone Rural Fire Service Liaison Committee meeting at Cowra
Clr Durkin · Site inspection at National Auctions shed and extraordinary meeting · Committee meetings · Board meeting AOFM · Meeting with Mayor, Director ETS and Canowindra Pool Action Committee · Meeting with BSG about future direction for Canowindra medical centre · Numerous service requests
Clr Hyde · Meeting regarding storm water problems at Eugowra · Meeting at Eugowra Travellers Rest · Attended the welcome to the new Anglican Minister at Eugowra · Inspections at Canowindra · Extraordinary, Council & Committee meetings · Policies workshops · Eugowra Hospital working construction committee meeting · Eugowra Museum committee meeting · Australia Day celebrations – Eugowra · Cabonne Heritage Committee meeting · Eugowra Promotions & Progress Association meetings
Clr Walker · Meeting regarding Tilga St flood water · Meeting regarding oval fence · Meeting River Bank Gallery Signs · SES · Meeting regarding water · Meeting regarding B Doubles · Eugowra Rd meeting · Policies workshop · Inspections at Canowindra · Extraordinary, Council & Committee meetings · Cargo Road Community meeting · Australia Day celebrations at Cargo and Canowindra · Meeting regarding cemetery concerns · Cudal Caravan Park meeting · Canowindra Food Basket meeting · Health Centre meeting · Meeting regarding Longs Corner Estate block purchase
Clr Culverson · Inspections at Canowindra · Extraordinary, Council & Committee meetings · Policies workshops · MC & DPA meetings · Molong, Manildra & Canowindra Libraries Tour · Australia Day celebrations – Mullion Creek, Cargo, Eugowra, Molong, Cudal & Canowindra · Cargo Road User community meeting · Daroo meeting Manildra · Tumut Shire Council Visit · Beyond the Drought Dinner Forbes
Clr Wilcox · Australia Day celebrations – Mullion Creek
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THAT: 1. The Mayoral Minute be adopted. 2. The balance of the RLCIP money be spent on paths, soft fall and landscaping and the VEP money be spent on playground equipment in relation to the Mullion Creek and District Progress Association. 3. Council immediately repair or replace the village entrance sign at Cudal on the Canowindra Rd with funds from “Entrance Signs Maintenance Reserve”. |
10/02/03 |
Carried |
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Proceedings in Brief The General Manager & Director of Finance & Corporate Services advised that it was not good practice to vote funds for expenditure without knowing which projects are competing for funding and without a final estimate. |
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THAT: 1. Council engage a consultant to provide and develop an options plan and a professional assessment of the Canowindra pool and its precinct as soon as possible. 2. Council allocate the required total funds for the stage 1 upgrading of the Canowindra pool in 2010/11. 3. Council fund the options plan and pool assessment from the Current Future Capital Works Fund. 4. Upon receipt of the options plan and pool assessment Council liase with the Canowindra Pool Action Group. |
10/02/04 |
Carried
A division was called for which resulted as follows (noting the absence of Clr Dowling - Apology): For – Clrs Duffy, Dean, Durkin, Walker, Farr & Culverson. Against – Clrs Bleakley, MacSmith, Gosper, Hyde & Wilcox. |
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Proceedings in Brief There were NIL declaration of political donations. |
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THAT the minutes of the Ordinary Meeting held on 21 December 2009 and the Extraordinary Meeting held on 18 January 2010 be adopted noting that on page 3 of the Ordinary minutes the Councillor activities listed for Clr Gosper from “Yeoval Progress Association Meeting” onward should actually be listed beneath Clr Dowling’s name; and on page 18 of the Extraordinary minutes the last paragraph should read “Chairman of the Ordinary meeting…”
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10/02/05 |
Carried |
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Proceedings in Brief Clr Bleakley called items 2, 3, 4, 6, 10 & 12; Clr Hyde called item 12; Clr MacSmith called items 1, 8,& 12; Clr Duffy called item 13 and the Director of Finance & Corporate Services called item 5. |
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THAT: 1. Councillors consider the items called. 2. The balance of the items be noted. |
10/02/06 |
Carried |
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Proceedings in Brief Several Councillors put forward ideas for motions to be submitted to the E Division conference and requested that the General Manager word them appropriately. |
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THAT: 1. Council representatives attend the E Division Conference to be held in Molong on Friday 26 March 2010. 2. Council give consideration to the formulation of any appropriate Motion/s to be submitted to the E Division Conference. 3. Council receive a report to the March Council with appropriately worded motions. |
10/02/07 |
Carried |
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THAT Council note the issues covered in the Code of Conduct briefing and subsequent follow up actions.
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10/02/08 |
Carried |
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THAT Council enter into a lease with Talbri Pty Ltd for a 99 year lease to enable construction of a new Byng/Emu Swamp Rural Fire Brigade Station.
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10/02/09 |
Carried |
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THAT the information be noted.
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10/02/10 1 |
Carried |
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THAT Council adopt the annexed draft Complaints Management Policy. |
10/02/11 |
Carried |
It was noted the time being 10:25am Clr Gosper declared an interest due to his daughter being an employee at the Waluwin Centre and left the Chambers.
It was noted the time being 10:26am Clr Gosper rejoined the meeting.
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Proceedings in Brief It was agreed that a submission should be forwarded to the Tribunal based on the time, demands and travel requirements to carry out the role of a Councillor/Mayor providing supporting evidence. Councillors were to provide details to the General Manager or Administration Manager quickly noting the closing date for submissions as 19 February 2010. |
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THAT Council advise the General Manager or Administration Manager of any supporting evidence to support a submission to be forwarded to the Local Government Remuneration Tribunal based on the time, demands and travel requirements that it wishes to refer to the Local Government Remuneration Tribunal prior to the closing date of 19 February 2010.
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10/02/14 |
Carried |
It was noted the time being 10:32am the Mayor made a presentation to the Youth of the Month for December 2009, followed by a presentation to the Volunteer of the Month for February followed by a presentation to Laurence Dolbell for Outstanding Service to Cabonne Council, followed by a presentation to Clr Farr for his selection as Local Citizen of the Year 2009.
It was noted the time being 10:44am Council adjourned for morning tea at which time the Mayor officially launched the Daroo Awards for 2010.
Council resumed at 11:07am at which time item 29 was addressed next and Mr Whiteley addressed Council.
It was noted the time being 11:35am the Executive Officer of CENTROC made a presentation to Council until 12:25pm at which time item 15 was addressed next.
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THAT Council: 1. Adopt the policies listed in the annexure as “Policies to be readopted’ to be included in Council’s Policy database. 2. Authorise the policies listed in the annexure “Policies recommended for deletion” to be removed from Council’s Policy database. 3. Adopt the current policies and receive further reports in relation to policies listed in the annexure “Policies to be reviewed and reported to Council”. |
10/02/17 |
Carried |
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Proceedings in Brief The Administration Manager advised that no submissions were received by the closing date. |
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THAT Council adopt the draft Code of Meeting Practice policy. |
10/02/20 |
Carried |
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ITEM - 19 2009/2010 MANAGEMENT PLAN - SECOND QUARTERLEY REVIEW TO 31 DECEMBER 2009 |
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THAT the update of the Management Plan to the 31 December 2009, as presented be adopted. |
10/02/21 |
Carried |
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THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 February 2010 be adopted.
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10/02/23 |
Carried |
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THAT: 1. The report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 February 2010 be adopted. 2. A report be submitted to Council in relation to a tourism based tour of the eastern are of Cabonne proposing a date for same. |
10/02/24 |
Carried |
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THAT Council: 1. Defer applying to the Land and Property Management Authority until the funding application by the Ophir Trust is determined. 2. Carry out detailed estimate for the upgrade of the concrete causeway. 3. Assist the Trust by supporting a delegation to Commissioner Warwick Watkins. |
10/02/26 |
Carried |
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THAT all interested parties, including but not limited to Departments of Land and Fisheries, Ophir Trust, Cabonne Heritage Committee, Orange City Council and Cabonne Council representatives be invited to a forum to discuss their interest and possible funding opportunities with a view to development of and “Ophir Strategic Plan” for the next 5-10 years which all parties can work towards to be held by 30 June 2010. |
10/02/27 |
Carried |
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Proceedings in Brief In response to Clr Durkin’s motion which deleted the deferral of the work until the amenities block has been completed from the recommendation the Director of Engineering & Technical Services requested it be noted that the new mural may be damaged whilst the upgrade takes place for example through ladders or scaffolding. Allowing the mural to be done first would certainly make the upgrade more difficult and could add costs to the job. |
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THAT Council approve the new art work and funding to the amount of $5,000 from the Canowindra Town Improvements Fund.
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10/02/28 |
Carried |
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THAT Council NOT reimburse the application fee to the applicant. |
10/02/29 |
Carried |
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THAT the report and recommendations of the Works Committee held on Monday 1 February 2010 be adopted.
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10/02/31 |
Carried |
It was noted that time being 1:08pm Council adjourned for lunch resuming at 1:54pm.
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Proceedings in Brief Initial discussion related to point (a) of the motion following which it was agreed that all stakeholders should be included. In relation to point (b) the Mayor commented that the offer was not by him but rather by Council. Clr MacSmith noted the explanation by the Mayor in his Mayoral Minute as to why the offer was made and without “wishing to go on with it” stressed the need for more communication by the Mayor with Councillors and Staff noting that the day before the water was offered there had been a Council meeting where everyone could have been consulted. Clr Gosper also supported the need for consultation noting that some Councillors had been contacted after the Orange City Council Mayor had already received the offer from the Cabonne Mayor. The General Manager noted that there is no Council resolution authorising the sale of water and requested that if it was Council’s intention to do so that it resolve that way. |
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Procedural Motion (Farr/-) THAT the motion be put. |
10/02/35 |
Carried |
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THAT Council set up a meeting consisting of the General manager, Director of Engineering & Technical Services, interested Councillors and all other stakeholders for Molong Creek, to formulate a policy of water use, for water from Cabonne water storages at the earliest possible time. |
10/02/36 |
Carried |
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THAT Council endorse the offer to sell water from the Borenore Creek Dam to the Orange City Council. |
10/02/37 |
Carried |
It was noted item 20 of notation was addressed next. At this time Clr Durkin declared an interest due to his employer being the NSW Police, however the Director of Finance & Corporate Services advised that under the provisions of the Local Government act as a State Government employee he did not have an interest in a matter simply by being an employee (s443).
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Proceedings in Brief The Director of Engineering & Technical Services spoke on the report and raised his concerns on the analysis used by the RTA to determine the crash statistics. He noted that the RTA had agreed to review Cargo Road in segments. |
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THAT Council receive a further report at its March Council meeting. |
10/02/38 |
Carried |
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Proceedings in Brief Clr MacSmith advised that his question related to a $50,000 allocation which had been addressed by the CENTROC presenter. |
It was noted the time being 2:22pm that Clr Dean and the Director of Engineering & Technical Services declared an interest due to being Directors of Credit Unions and left the Chambers.
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Proceedings in Brief In response to a question from Clr Bleakley the Director of Finance & Corporate Services advised that Council’s current investment practice was utilising a $1 million amounts in Credit Unions as the Government security applied to same. |
It was noted the time being 2:24pm Clr Dean and the Director of Engineering & Technical Services rejoined the meeting.
It was noted the time being 2:24pm Clr Gosper declared an interest due to his daughter being an employee at the Waluwin Centre and left the Chambers.
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Proceedings in Brief In response to a question from Clr Bleakley as to why no management committee was in place yet, the Director of Finance & Corporate Services advised that whilst a legal document existed which detailed who the committee should comprise of, GWAHS had not yet provided a nominee for that committee. |
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THAT a report on outstanding issues for the Waluwin Centre be submitted to the next Council meeting. |
10/02/39 |
Carried |
It was noted the time being 2:27pm Clr Gosper rejoined the meeting.
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Proceedings in Brief The Director of Finance & Corporate Services commented that this should have been in the Determination section of the business paper with a recommendation that the policy be deleted. |
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THAT the Canobolas Zone Liaison Committee Zoning Policy be deleted. |
10/02/40 |
Carried |
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Proceedings in Brief Clr Bleakley advised that he had called the Item as he wished to have a copy of the Quarterly Budget Review which he had since received. |
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Proceedings in Brief In response to a question from Clr MacSmith relating to the Gelato Factory the General Manager undertook to provide an update in Closed. In response to discussion relating to allowing electronic access to Councillors of the Resolutions Register the Director of Finance & Corporate Services advised that the software was proprietary and not subject to modification by Council. |
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THAT Council receive a report in relation to electronic access to the InfoCouncil Resolutions Register by Councillors. |
10/02/41 |
Carried |
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Proceedings in Brief In response to a request from Clr Bleakley for quarterly or six monthly reports in relation to the trainees and apprentices the General Manager advised that certain aspects could be operational matters however he would include a mention in the General Manager’s memo as to their employment status. |
It was noted the time being 2:38pm Clr Gosper declared an interest due to being a neighbour to the proposed HUB site and left the Chambers.
There were NIL matters of urgency.
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Recommendation (Durkin/Wilcox)
THAT the information be noted. |
4. |
Carried |
It was noted the time being 3:05pm Clr Duffy declared an interest due to his son being named in the report and left the Chambers.
It was noted the time being 3:07pm Clr Duffy rejoined the meeting and resumed the Chair.
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THAT the report and recommendations of the Quarry Review Committee held on Monday 1 February 2010 be adopted.
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9. |
Carried |
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THAT Council extend incentives and the $10,000 rebate applicable to the Molong & Canowindra Residential Estate for all purchasers to 30 June 2010 except for Lot 8 at Longs Corner Estate Canowindra. |
11. |
Carried |
It was noted the time being 3:19pm the Chair resumed the ordinary meeting.
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THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 15 February, 2010 be adopted. |
10/02/44 |
Carried |
There being no further business, the meeting closed at 3:20pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 15 March 2010 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.