MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 15 March, 2010 COMMENCING AT 9.30am
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ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 2 DECLARATIONS OF INTEREST
ITEM - 3 DECLARATIONS OF POLITICAL DONATIONS
ITEM - 5 CONFIRMATION OF THE MINUTES
ITEM - 6 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 7 APRIL 2010 COMMITTEE MEETINGS
ITEM - 8 AUSTRALIA WIDE RURAL LOBBY GROUP
ITEM - 9 CORPORATE SERVICES POLICIES
ITEM - 10 Rescission Motion - Ophir Reserve
ITEM - 13 WALUWIN COMMUNITY CENTRE
ITEM - 14 Change to Housing Loan Policy
ITEM - 15 ASSESSMENT 2749.02000.0 RATES WRITE OFF
ITEM - 16 POLICY DATABASE - RECORDS MANAGEMENT POLICY
ITEM - 17 POLICY DATABASE - AUSTRALIA DAY OFFICIAL PARTY TIMETABLE POLICY
ITEM - 18 POLICY DATABASE - DOG CONTROL, Cemeteries and UNCOVERED LOADS
ITEM - 19 CENTRAL WEST LIBRARIES COMMITTEE
ITEM - 20 LICENCES TO GRAZE CROWN RESERVES
ITEM - 21 POLICY DATABASE - Family Day Care Policies and Community Transport Policies
ITEM - 23 Rescission Motion - Molong Water Supply
ITEM - 25 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 26 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 27 LACHLAN REGIONAL TRANSPORT COMMITTEE MEETING MINUTES
ITEM - 28 TRAFFIC COMMITTEE MINUTES
ITEM - 29 WORKS COMMITTEE MEETING MINUTES
ITEM - 30 Cargo Road RTA Speed Zone Review
ITEM - 31 Funding Approval for Manildra Sewerage Scheme
ITEM - 32 Canowindra Skate Park Tender Process
ITEM - 33 B-Double Access - Local Cabonne Roads
ITEM - 35 Orana House, Canowindra
ITEM - 36 Application to close and purchase unformed council road in east Molong
ITEM - 37 Association of Mining Related Councils’ February meeting - Royalties for regions
ITEM - 38 MODIFICATION APPLICATION DA 2006/251
ITEM - 39 SUB-REGIONAL AND INDUSTRIAL STRATEGY STRATEGIC PLANNING REPORT
ITEM - 40 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 5 Financial Health Check
ITEM - 6 RESOLUTIONS REGISTER - INFOCOUNCIL
ITEM - 8 RECLASSIFICATION OF MT CANOBOLAS ROAD
ITEM - 10 Yeoval and Cumnock Secure Water Supply
Matter of Urgency - Eugowra Child Care Centre
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 5 SEWER ACCOUNT 5403.00000.2 - TIME PAYMENT FOR CUDAL PRE CONSTRUCTION LEVY
ITEM - 6 CUDAL UNITING CHURCH - SEWER PRE CONSTRUCTION LEVY - ASSESSMENT 2663.00000.4
ITEM - 7 REQUEST FOR CONSIDERATION OF INTEREST ON WATER SEWER - ACCOUNT 923.01000.3
ITEM - 8 OUTSTANDING CUDAL SEWER ACCOUNTS - RESOLUTION TO NOT CHARGE INTEREST
ITEM - 9 SEWER ACCOUNT 5492.00000.4 REQUEST FOR EXEMPTION FROM CUDAL SEWER CHARGES
ITEM - 10 New Canowindra SES Building
ITEM - 11 Eastern Area Waste Collection Update Report
REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE
PRESENT Clr K Duffy (in the Chair), Clrs G Dean, N Bleakley, R Dowling, L MacSmith, I Gosper, A Durkin, D Hyde, K Walker, 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 J Farr, for his unavoidable absence from the meeting. |
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THAT the apology tendered by Clr J Farr be accepted and the necessary leave of absence be granted. |
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10/03/01 |
Carried |
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Proceedings in Brief Clr Gosper declared an interest in Item 13 due to his daughter being employed at the centre by Dr Robin Williams and in item 4 of Closed due to being an adjoining landowner to the proposed HUB. |
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THAT the Declarations of Interest be noted. |
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10/03/02 |
Carried |
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Proceedings in Brief There were NIL declarations of political donations. |
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Proceedings in Brief The General Manager took on notice to provide a further report in relation to the Eugowra Flood Plain Strategy consultant’s report. Clr Duffy
· Meeting with NSW Heritage Chair & others re Escort Rock.
· Department, Industry & Investment Meeting – Land management & weeds.
Clr Dean
Clr Bleakley
Clr Dowling
Clr MacSmith
· Road inspections/discussions – Griffin Rd, Cargo Rd & Paling Yards Loop.
Clr Gosper
Clr Durkin
Clr Hyde
· Meeting with NSW Heritage Chair & others re Escort Rock.
Clr Walker
Clr Culverson
· Meeting with NSW Heritage Chair & others re Escort Rock – tabled letter of invitation from Mr B Noble.
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THAT: 1. The Mayoral Minute be adopted. 2. Council extend an offer of the Borenore Dam water to all interested parties and stakeholders with conditions and guidelines. 3. Council receive an immediate written update on the Eugowra Flood Plain Strategy by Lyle & Associates indicating the conclusion date for the draft. 4. Council request consultation by the Mayor, Director of Engineering & Technical Services and other interested Councillors with Mr B Lyall. 5. The LEP review strategy for Eugowra be revisited at a later date when the Flood Plain Strategy is complete. 6. The General Manager arrange for the Economic Development manager to meet with the Eugowra Progress Association as soon as possible. 7. Council Environmental staff make themselves available to residents of Eugowra regarding Flood Plain planning issues. 8. A media release be made advising residents of the current position. 9. Council conduct a workshop with the Eugowra community to determine their requests relating to flood liable land following the meeting with Mr Lyall. 10. $300 be donated from the s356 vote to the Major Mitchell Reunion being arranged by Orange City Council. |
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10/03/03 |
Carried |
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Proceedings in Brief Clr MacSmith requested that the minutes be amended so that Item 32 is to include part b) of his original motion which had been omitted so as to have a record of the fact that at the time that the Mayor offered the water to Orange City Council there was no resolution for Council to do so. |
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THAT the minutes of the Ordinary Meeting held on 15 February 2010 be adopted noting that Item 32 is to include part b) of his original motion which had been omitted so as to have a record of the fact that at the time that the Mayor offered the water to Orange City Council there was no resolution for Council to do so. |
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10/03/04 |
Carried |
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Proceedings in Brief Clrs Duffy and Hyde called Item 8; Clr Gosper called Item 12; Clr Bleakley called Item 6; Clr Dowling called Item 10 and the General Manager called Item 5. |
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THAT: 1. Councillors consider the items called. 2. The balance of the items be noted. |
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10/03/05 |
Carried |
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Proceedings in Brief Clr Dean commented that the SWS concepts discussion would require more time than was allowed for on the agenda and moved that a separate workshop be conducted for that purpose. In response to the General Manager advising that he would not be available to attend on the proposed date Clr Durkin requested that the General Manager document his comments and they be tabled on the day. |
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THAT Council: 1. Confirm the arrangements for local inspections, Committee meetings and Finance Workshop in Canowindra on 6 April 2010. 2. Hold a workshop on Monday 12th of April 2010 In relation to SWS concepts in conjunction with the Kleem report. |
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10/03/06 |
Carried |
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Proceedings in Brief The Mayor requested that all councillors be provided with a copy of the letter. |
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THAT Council express an interest in joining the Australia Wide Rural Lobby Group and seek further information on the outcome of the forum held on 15 March 2010. |
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10/03/07 |
Carried |
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THAT the actions as outlined in the report be adopted in relation to Council’s Policy Manual.
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10/03/08 |
Carried |
It was noted the time being 10:07am Council was addressed by Ms Learne Spicer Trust Secretary, Ophir Reserve Trust.
The debate having proceeded for some time Clr Hyde moved that the motion be put.
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THAT the Motion be put. |
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10/03/09 |
Carried |
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Proceedings in Brief Ms Spicer spoke in relation to the letter submitted to the Mayor from the Ophir Reserve requesting that the following motion be rescinded and advised that Mr Peter Culverson had resigned his position from the Ophir Reserve Board due to the conflict of interest issues relating to Clr Culverson.
Considerable discussion followed at which time Clr Bleakley foreshadowed a Motion:
THAT Council write to the Ophir Reserve Board and express Council’s disappointment with their decision not the support the motion carried by this Council. |
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THAT the Rescission Motion be received.
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10/03/10 1 |
Carried
A division was called for which resulted as follows (noting the absence of Clr Farr - Apology): For – Clrs Duffy, Dean, Gosper, Hyde, Walker & Culverson. Against – Clrs Bleakley, MacSmith, Dowling, Durkin & Wilcox. |
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THAT Council write to the Ophir Reserve Board and express Council’s disappointment with their decision not the support the motion carried by this Council. |
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10/03/11 1 |
Carried
A division was called for which resulted as follows (noting the absence of Clr Farr - Apology): For – Clrs Bleakley, MacSmith, Dowling, Gosper, Durkin & Wilcox. Against – Clrs Duffy, Dean, Hyde, Walker & Culverson. |
It was noted, the time being 10:41am the Mayor made presentations to the Youth of the Month for February, the Volunteer of the Month, and to a former Council employee who retired after 46 years of service.
It was noted, the time being 10:53am Council adjourned for morning tea, resuming at 11:13 am at which time a presentation was made to Council by the General Manager Telstra Western New South Wales.
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Proceedings in Brief The Director of Finance & Corporate Services Commented that the pipeline was a short-term fix, and the Lake Rowlands proposal will still be the long term solution. In response to a question from Clr Hyde the Director of Engineering & Technical Services advised that the pipe would mostly be on the edge of the road and that there would be no cost to Cabonne Council – all costs would be met by Orange City Council. In response to a question as to what problems would be created for water users downstream the Director of Finance & Corporate Services advised that the amount to be taken out by Orange City Council was insufficient to have any impact downstream. Clr Gosper commented that as Orange City Council were still selling water to Cadia Mine he will not be supporting the motion. Clr MacSmith also commented that Orange City Council should consider a moratorium on its developments in exchange for any help provided as ongoing development is only increasing the need for water. Clr Duffy read out the consequences of Orange City Council applying level 6 water restrictions and reminded Council that if water is not shared the State Government would simply take over control. |
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THAT Council: 1. Accept and note the report and agree in principle to supporting Orange City Council’s Part 3A application for an emergency pipeline to the Macquarie River. 2. Assist Orange City Council where available and applicable. 3. Write a letter of support to Orange City Council for their Macquarie River Emergency Pipeline Project. |
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10/03/12 1 |
Carried A division was called for which resulted as follows (noting the absence of Clr Farr - Apology): For – Clrs Duffy, Dean, Bleakley, MacSmith, Dowling, Hyde, Culverson & Wilcox. Against – Clrs Gosper, Durkin & Walker. |
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Proceedings in Brief Clr Gosper commented that there were some errors in the report including that the RFS were only requesting $48,000 and that in fact there was a nexus as all the brigades would be using the airport. The Director of Finance & Corporate Services commented that he had a letter from the RFS requesting the $94,961 from section 94 funds noted in the report and left the Chambers to get said letter. Clr Gosper tabled an email in his possession which clarified the RFS intention was to obtain only $48,000 as additional donations had been received. In response to a statement by Clr Gosper the General Manager sought to clarify that section 94 contributions are Council funds to administer and do not belong to the Brigades. |
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THAT Council write to the Canobolas Zone of the NSW Rural Fire Service advising that it is prepared to release $48,000 from the section 94 funds for the Larras Lee Airstrip. |
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10/03/13 1 |
Carried |
It was noted the time being 11:55 am Clr Gosper declared an interest due to his daughter being employed by Dr Williams at the Waluwin Centre and left the Chambers.
In response to Clr MacSmith’s request for clarification the Director of Finance & Corporate Services advised that under the Local Government Act a peron is not does not have a pecuniary interest due to employment considerations, if employed by the Crown – as Clr MacSmith’s wife is employed by GWAHS (State Government) no declaration of interest is required.
In response to a question from Clr Bleakley as to whether Council staff have an obligation to report Councillors who fail to declare an interest, the Director of Finance & Corporate Services advised that in relation to pecuniary interest the General Manager is obligated to report the matter to the Department of Local Government and in relation to a conflict of interest when a complaint is received the General Manager is required to refer the matter to an independent committee in accordance with the Code of Conduct.
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Proceedings in Brief Clr Dowling commented that Council needs to take a more proactive role in the management of the Waluwin Centre, being the owner; that Council should have a delegate on the s355 Centre Governance Committee for which he nominated Clr Bleakley and suggested a one month time frame be set for the matter to be resolved. The Director of Finance & Corporate Services advised that the GP representative was unclear as was the involvement of the Division of General Practitioners. It was then suggested that the committee could be set up with an interim representative. In response to a question from Clr Bleakley the Director of Finance & Corporate Services advised that there were two bodies – one being the Centre Governance Committee which will act as landlord and manage a three year budget including eg painting. |
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THAT: 1. Clr Bleakley be Council’s delegate to the Waluwin Centre Governance Committee. 2. Council receive a further report to the April Council meeting outlining the structure and membership of the Waluwin Centre Governance Committee. |
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10/03/14 1 |
Carried |
It was noted the time being 12:06 pm Clr Gosper returned to the meeting.
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Proceedings in Brief In response to a question from Clr Bleakley the General Manager advised that this policy related to some housing loans, from a time when Council provided home loans, that were still outstanding and that generally people now borrow from banks and other financial institutions. |
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THAT Council’s Housing Loan policy be amended to read: “Council continue to impose an additional one percent (1%) interest on the Indicative Borrowing Rates-Borrowed by General Co Operatives (as advised in The Australian Financial Review) applicable together with a Management Fee per half year in respect of each advance made, subject to review should there be a dramatic increase in interest rates. The Management Fee is to be detailed in the Mortgage Document.” |
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10/03/15 1 |
Carried |
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THAT rates and charges of $3138.63 and interest currently at $955.73 be written off. |
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10/03/16 1 |
Carried |
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THAT Council adopt the annexed draft Records Management Policy. |
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10/03/17 1 |
Carried |
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Proceedings in Brief The General Manager commented that if the increase in Council’s contribution to Central West Libraries exceeds 2.6% Council should not be adopting the management plan. |
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THAT Council adopt the 2010/2011 Central West Libraries Management Plan subject to the percentage increase. |
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10/03/20 1 |
Carried |
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Proceedings in Brief Clr Gosper queried whether it was possible to only move point 3. of the recommendation to which the Administration Manager replied that as the licences were expiring in June the 12 month extensions was required to allow investigation. The General Manager requested that item 4 be amended to delete funding for the valuations to which the Administration Manager advised that if the funding was removed the project could not be done. |
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THAT Council: 1. Enter into temporary licence agreements with current licence agreement holders of the Reserves listed in the report for a 12 month period from the lapsing of the current agreements. 2. Undertake a review of the Crown Reserves currently licensed for grazing with a view to relinquishing trusteeship of those that cannot be used for public recreation. 3. Investigate relinquishing trusteeship of all Crown Reserves due to the financial burden on Council to administer same. 4. Fund the resources to allow a review for the above reserves from the ‘Sundry Admin Expenses’ vote. |
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10/03/21 1 |
Carried |
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ITEM - 21 POLICY DATABASE - Family Day Care Policies and Community Transport Policies |
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THAT Council adopt the draft Family Day Care Policies and draft Community Transport Policies. |
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10/03/22 1 |
Carried |
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THAT: 1. Advise all police officers in the towns and villages which are to conduct ANZAC Day marches that Council offers no objection to the temporary closure of the streets involved, subject to compliance with local police regulations. 2. Appoint Clr Culverson to attend the civic commemoration service in Orange on ANZAC Day 2010. |
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10/03/23 1 |
Carried |
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Proceedings in Brief This item was withdrawn. |
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THAT Council Make the following contributions to Senior’s Week Activities; Canowindra Lions Club trip $272.00, Eugowra Lions Club luncheon and activities $400.00, Molong Afternoon tea and activities $400.00, Yeoval UPA Bus trips $400.00. |
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10/03/24 1 |
Carried |
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THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 1 March 2010 be adopted. |
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10/03/25 1 |
Carried |
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THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 1 March 2010 be adopted. |
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10/03/26 1 |
Carried |
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THAT the report and recommendations of the Traffic Committee meeting held on 24 February 2010 be noted. |
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10/03/28 1 |
Carried |
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THAT the report and recommendations of the Works Committee held on Monday 1 March 2010 be adopted. |
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10/03/29 1 |
Carried |
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Proceedings in Brief The Mayor commented that he was to meet with the Minister for Roads the following Wednesday. Clr Gosper wished to thank and commend the Director of Engineering & Technical Services for his work on this matter. |
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THAT Council: 1. Endorse letter of 3 March 2009 to RTA requesting consideration be given to points raised by Council in relation to the speed zone review on Cargo Road. 2. Revise the Roads Asset Management Plan to include Travel Speed as a level of service. 3. Include in the Road Safety Officer’s reporting program, six monthly crash statistics to Council. 4. Prepare a road improvement program for Cargo Road including removal of trees in the clear zone and provision of guard fence and to seek special funding from State and Federal Government for the work. |
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10/03/30 1 |
Carried |
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THAT Council: 1. Authorise the affixing of Council’s Common Seal to the funding agreement for the Manildra Sewerage Scheme received in December 2009; and 2. Write to the Minister of Water thanking him and his department for their assistance with the project. |
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10/03/31 1 |
Carried |
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THAT Council authorise a selective tendering process for the design and construction of the Canowindra skate park to include those organisations that submitted written expressions of interest. |
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10/03/32 1 |
Carried |
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Proceedings in Brief Clr Dean raised the issue of the road between Orange Rd and Nathan St in Cudal which vehicles were using to fuel up – this was referred to the Traffic Committee. |
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THAT: 1. Council request the Roads and Traffic Authority to gazette the Local and Regional Roads as listed in the report as B Double access under the same conditions as in the trial period. 2. The issue of B Double access for Orange Rd and Nathan St in Cudal be referred to the Traffic Committee. |
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10/03/33 1 |
Carried |
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Proceedings in Brief In response to the proposed motion by Clr Walker that the funding be granted the Director of Engineering & Technical Services asked whether there were sufficient funds available; and the General Manager advised Council that is was setting a precedent. |
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THAT funding request of $2500 from the Canowindra Town Improvement Fund towards Orana House be granted. |
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10/03/35 1 |
Carried |
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Proceedings in Brief Following discussion it was noted that there was a need to clarify the length of the 3m wide path and also whether the section 94 road contributions were for the road only or included the intersection. It was noted Clr MacSmith commended both the Director of Environmental Services and Director of Engineering & Technical Services for their work on this matter. |
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THAT: 1. The report be noted. 2. Council approve the requested modification to amend the development consent cover notice to correct an error and an anomaly, amend condition 5 to require a s94 road contribution; amend condition 13 to require a performance bond of 5% of the value of the road works undertaken for the project; defer the review of Condition 19 until a detailed report can be prepared by Council’s Director of Engineering and Technical Services on raw water supply options; amend conditions 37 and 42 to require a 4m wide ROW; require an additional condition of consent to provide a 3m wide concrete bicycle path to link the subdivision to Back Saleyards Road; and amend the consent to permit the subdivision to occur in stages subject to the relevant conditions of consent for each stage having been completed. 3. The path length be clarified. 4. The costs for the intersection being treated separately to the road upgrade be confirmed. |
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10/03/38 1 |
Carried
The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act.
The Division resulted in a unanimous vote for the motion (noting the absence of Clr Farr - Apology). |
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Proceedings in Brief The General Manager commented that this was the best result ever for Council: achieving a green light in all seven indicators. |
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Proceedings in Brief Clr Bleakley expressed his disappointment in noting the number of entries of which he was aware were completed yet the register did not have an update. In response to a question from Clr Bleakley, the Director of Engineering & Technical Services advised that options with the Gelato Factory floor were explored, however the occupier had negotiated with the General Manager to do the works. It was noted that Council was in an open session so further discussion was not entered into. |
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Proceedings in Brief Clr Duffy advised he was meeting with the Minister for Roads the following Wednesday to present a DVD in relation to this matter and that he would also be raising the matter concerning the Nashdale Bridge. In response to a question from Clr Dean the Mayor advised that whilst Orange City Council was supporting the project a representative would not be attending with him. |
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Proceedings in Brief In response to a question from Clr Dowling the Director of Engineering & Technical Services advised that Council’s applications for both items 9 & 10 were unsuccessful and that Council would continue to apply for other funding. He mentioned that he was going to speak with the General Manager in relation to having a professional application prepared. |
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Proceedings in Brief In response to a question from Clr Gosper the Director of Environmental Services advised that is was a monthly median and that she had recently cleared 7 old applications. Accordingly the processing time was higher than at equivalent times in previous years. |
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Clr Hyde was given leave to raise this issue as a matter of urgency. The Mayor undertook to contact the Minister in relation to this matter.
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THAT Council: 1. Support the child care project at Eugowra and provide funds immediately once funding is approved by the Federal Government. 2. Write to Mr J Cobb MP requesting an early determination in relation to the Eugowra Child Care Centre application. 3. Notify the child care centre of this resolution. |
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10/03/41 1 |
Carried |
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Recommendation (Durkin/Culverson)
THAT the information be noted.
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2. |
Carried |
It was noted the time being 12:57pm Clr Gosper declared an interest due to being an adjoining landowner to the proposed HUB and left the Chambers.
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Recommendation (Dowling/Wilcox) THAT: 1. The information be noted. 2. A further report be submitted to the April Council meeting. |
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3. |
Carried |
It was noted the time being 1:00pm Clr Gosper rejoined the meeting.
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ITEM - 8 OUTSTANDING CUDAL SEWER ACCOUNTS - RESOLUTION TO NOT CHARGE INTEREST |
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THAT the information be noted. |
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7. |
Carried |
It was noted the time being 1:33pm 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 March, 2010 be adopted. |
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10/03/43 1 |
Carried |
There being no further business, the meeting closed at 1:34pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 19 April, 2010 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.