MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 19 April, 2010 COMMENCING AT 9.27am
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TABLE OF CONTENTS
ITEM - 1 APPLICATIONS FOR LEAVE OF ABSENCE
ITEM - 2 DECLARATIONS OF INTEREST
ITEM - 3 DECLARATIONS OF POLITICAL DONATIONS
ITEM - 4 CONFIRMATION OF THE MINUTES
ITEM - 6 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 9 SHIRES ASSOCIATION OF NSW ANNUAL CONFERENCE 2010
ITEM - 10 NOTICE OF MOTION - YEAR OF WOMEN IN LOCAL GOVERNMENT
ITEM - 11 OPHIR RESERVE TRUST DELEGATE
ITEM - 12 NATIONAL GENERAL ASSEMBLY - 2010
ITEM - 13 LOCAL GOVERNMENT REFERENCE GROUP FORUM
ITEM - 14 POLICY DATABASE - LEASEBACK MOTOR VEHICLES - Fees & Charges
ITEM - 15 2009/2010 MANAGEMENT PLAN - THIRD QUARTERLEY REVIEW TO 31 MARCH 2010
ITEM - 37 Rescission Motion - DA 2007/138 for Seven Lot Rural Subdivision, Kangaroobie Lane
ITEM - 16 2010/11 DRAFT MANAGEMENT PLAN & BUDGET
ITEM - 17 Request for Assistance with Legal Costs - Murray Shire Council
ITEM - 18 PECUNIARY INTEREST RETURNS - Media & Communcations Officer
ITEM - 20 POLICY DATABASE - Waste Collection Districts policy and Scare Guns Policy
ITEM - 21 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 22 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 23 BELLS LINE EXPRESSWAY GROUP
ITEM - 24 Molong Creek and Water Supply
ITEM - 25 WORKS COMMITTEE MEETING MINUTES
ITEM - 26 QUARRY COMMITTEE MEETING MINUTES
ITEM - 28 Cabonne Council caravan parks future management
ITEM - 29 Morris Park, Canowindra
ITEM - 30 Canowindra Men's Shed lease on old Canowindra scout hall
ITEM - 31 Canowindra and Molong Swimming Pools
ITEM - 32 Cabonne Council caravan park committee meeting
ITEM - 33 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 36 Notice of Motion - Mayoral Minute
ITEM - 38 Snowy Works and Services Workshop
ITEM - 39 Kleem Report Workshop
ITEM - 1 INVESTMENTS & RATES SUMMARIES
ITEM - 3 WALUWIN COMMUNITY CENTRE
ITEM - 4 BORENORE RAILWAY STATION LAND
ITEM - 5 2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE..
ITEM - 6 RESOLUTIONS REGISTER - INFOCOUNCIL - Access by Councillors
ITEM - 7 2010 LGSA TOURISM CONFERENCE - DELEGATES REPORT
ITEM - 10 Eugowra Flood Study Review
ITEM - 11 Speed Zone Review Cargo Road
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 6 REQUEST FOR FINANCIAL ASSISTANCE
ITEM - 7 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS ACCOUNT
ITEM - 8 Contract for the Installation of On-Property Works as part of the Manildra Sewerage Scheme
ITEM - 9 LAND DEVELOPMENT SUB-COMMITTEE MEETING
ITEM - 10 Acquistion of land adjoining Manildra Landfill
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 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 There were Nil applications for leave of absence. |
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Proceedings in Brief Clr Gosper declared an interest in Item 5 of Closed due to being an adjoining land owner to the proposed Hub site; and Clr Culverson declared an interest in Items 35 and 37 due to the objector being her Father-in-law. |
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THAT the Declarations of Interest be noted.
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Carried |
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Proceedings in Brief There were Nil declarations of political Donations. |
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THAT the minutes of the Ordinary Meeting held on 15 March 2010, the Extraordinary Meeting held on 22 March 2010 and the Extraordinary Meeting held on 6 April 2010 be adopted. |
10/04/05 |
Carried |
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Proceedings in Brief Clr Duffy
Youth Of The Month Announced as Sarah Clunes Volunteer of the Month Announced as Callie Saul
Clr Dean
Clr Bleakley
Clr Gosper
Clr Dowling
Clr Hyde
Clr Walker
Clr Wilcox
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THAT the Mayoral Minute be adopted.
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10/04/06 |
Carried |
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Proceedings in Brief Clr Bleakley called items 3, 4 and 1; Clr MacSmith called Items 1; 5 and 6, Clr Gosper called Item 6; Clr Hyde called Items 1 and 10; and Clr Wilcox called Items 4 and 7. |
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THAT: 1. Councillors consider the Items called. 2. The balance of the items be noted. |
10/04/07 |
Carried |
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ITEM - 7 Local Government Association and Shires Association - Legal Assistance Policy and Guidelines Review |
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THAT: 1. Council submit any comments/feedback in relation to the Local Government Association and the Shires Association’s review of the Legal Assistance Policy and Guidelines to the Administration Manager supporting the current policy and seek feedback on the response received from across the industry. 2. Any feedback/comments submitted to the Administration Manager be further reported to Council. |
10/04/08 |
Carried |
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ITEM - 8 MACQUARIE VALLEY WEEDS ADVISORY COMMITTEE NEW FUNDING ARRANGEMENTS - MOU WITH CABONNE COUNCIL |
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Proceedings in Brief The General Manager advised that the agreement was basically another form of strategic alliance. In response to a question from Clr Bleakley, the General Manager advised that the salary for the project officer would not be paid from the $108,000, but rather would be reimbursed through grants received. The Director of Finance & Corporate Services added that salary payments would also be funded from contribution fees paid by all involved councils. |
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THAT: 1. Council agree in principle for the drafting of an MOU between Cabonne Council, MVWAC and MVWAC member Councils for the administration of the NSW Weeds Action Program and authorise appropriate action for the MOU to be executed. 2. That the final MOU be reported to Council prior to execution. |
10/04/09 |
Carried |
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THAT Council be represented at the 2010 Shires Association Annual Conference, and that Clr Duffy as Mayor be the Delegate with the General Manager as Advisor and Clrs Dowling and Hyde as Observers.
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10/04/10 1 |
Carried |
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Proceedings in Brief Pursuant to Clr Dowling moving a Motion that Clr Wilcox be Council’s Delegate to the Ophir Reserve Trust Board the Mayor moved an Amendment and tabled a letter from the Ophir Reserve dated 16th March 2010. In speaking against the Amendment Clr Wilcox advised she was going to ask the basis for the Recommendation noting the letter being tabled. She advised she had received legal advice and as she is entitled to natural justice she asked the basis for any allegations and noted she is entitled time to defend herself against any allegations with sufficient time to respond to them after seeking further legal advice. |
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MOTION (Dowling/Bleakley)
THAT Council’s delegate to the Ophir Reserve Trust be Clr Wilcox.
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Amendment (Duffy/Hyde) THAT Council’s delegate to the Ophir Reserve Trust be Clr Culverson with Clr Duffy as the alternate. |
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The Amendment was put and lost.
A Division was called: For: Clrs Duffy, Hyde and Culverson; Against: Clrs Dean, Bleakley, MacSmith, Dowling, Gosper, Durkin, Walker, Farr and Wilcox.
The Motion was put and Carried.
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THAT Council’s delegate to the Ophir Reserve Trust be Clr Wilcox.
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10/04/12 1 |
Carried |
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THAT Council: 1. Submit motions relating to the following for consideration at the 2010 National General Assembly: a. Climate change funding; b. Water saving and security; c. Skills shortage. 2. Submit additional motions as authorised by the General Manager and Mayor, subject to research of existing policies. 3. Authorise the General Manager and Mayor to attend the National General assembly. |
10/04/13 1 |
Carried |
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THAT Council appoint Clr MacSmith as delegate and Clr Gosper as alternate delegate to represent Council on the Local Government Reference Group. |
10/04/14 1 |
Carried |
It was noted the time being 10:12am Item 37 was addressed next. Clr Culverson declared an interest due to the objector to the development being her father-in-law and left the Chambers.
It was noted the time being 11:10am Clr Culverson rejoined the meeting.
It was noted the time being 11:12am the Mayor presented the Volunteer of the Month award to Callie Saul and Council adjourned for morning tea at 11:20am.
It was noted the time being 11:44am Council resumed (noting the absence of Clr Culverson and the Director of Environmental Services) at which time item 16 was addressed next.
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THAT Council: 1. Receive a copy of the Draft Management Plan on April Council meeting day. 2. Hold extraordinary Council meetings on 3 May 2010 and 7 June 2010 as required for the Management Plan process. |
10/04/19 1 |
Carried |
It was noted the time being 11:48am Clr Culverson & Director of Environmental Services joined the meeting.
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Proceedings in Brief The General Manager suggested that Council should be taking all efforts to assist the Company as it is an important community service.
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THAT: 1. The report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6 April 2010 be adopted. 2. Council follow up discussions held with Canowindra Cabs. 3. Council endorse a meeting including the Deputy Mayor, local Councillors & Staff members with Cabonne Cabs proprietors. |
10/04/24 1 |
Carried |
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THAT: 1. The report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 April 2010 be adopted. 2. Council authorise Clr Hyde to attend the Community Economic Development conference at Broken Hill. |
10/04/25 1 |
Carried |
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THAT Council write to the relevant NSW and Australian Government and Opposition Ministers and Shadow Ministers seeking support of the Bells Line Expressway. |
10/04/26 1 |
Carried |
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Proceedings in Brief The Director of Engineering & Technical Services advised that whilst recommendations 1 - 6 were resolved at the community meeting, recommendation 4 would have to be withdrawn as it was contrary to another Council resolution. Should Councillors wish to retain resolution 4 a rescission motion will be required relating to the previous Council Motion to sell. In relation to item 1 the Director of Engineering & Technical Services advised that he was to meet with the Fisheries in relation to water quality issues. |
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THAT:
1. Council consider releases from Borenore Dam for environmental flow. Release to be monitored to establish volume required to “pulse” down stream to Molong. 2. Council investigate the extent of water extraction from the Molong Creek & Tributaries catchment to the junction with Bell River. The investigation to include dams, pumps and bores. 3. Council consider existing residents outside the village area who may also wish to connect to raw water supply when reviewing its water supply policy. 4. Cabonne Council to write to OCC asking for the REF currently being prepared for Lake Canobolas (water supply to Orange) to consider environment flows below Lake Canobolas and the protection of riparian nights. 5. Council write to all those people and organizations who registered an item for the meeting thanking them for their interest in this matter. 6. Council received a further report advising the results of the water tests at the lower levels of Borenore Dam. |
10/04/27 1 |
Carried |
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Proceedings in Brief In response to a question from Clr Dean the Director of Engineering & Technical Services advised that the proposed expenditure was to bring the depot up to a standard where it could be partially leased out as previously resolved eg. Security fencing. |
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MOTION (Gosper/Dowling)
THAT the report and recommendations of the Works Committee held on Tuesday 6th April of Cabonne Council be adopted.
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Amendment (Hyde/Dean)
THAT: 1. The report and recommendations of the Works Committee held on Tuesday 6th April of Cabonne Council be adopted. 2. An amount of $28,000 be added to the budget for improvements to the Ash St Depot. 3. The General Manager be authorised to negotiate a lease for the Ash St Depot. |
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The amendment was put and carried becoming the motion. |
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THAT: 1. The report and recommendations of the Works Committee held on Tuesday 6th April of Cabonne Council be adopted. 2. An amount of $28,000 be added to the budget for improvements to the Ash St Depot. 3. The General Manager be authorised to negotiate a lease for the Ash St Depot. |
10/04/28 1 |
Carried |
It was noted that the time being 12:12pm that the WBC Project Officer addressed Council until 12:32pm. It was noted at this time Clr Durkin left the meeting.
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Proceedings in Brief In response to a question from Clr Farr the Director of Engineering & Technical Services commented that blasted rock on the ground could be considered an asset to which Clr Farr added it should certainly not be treated as a negative impact on the quarry operations. He requested that this be noted in the minutes. |
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THAT the report and recommendations of the Quarry Review Committee held on Tuesday 6th of Cabonne Council 2010 be adopted.
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10/04/29 1 |
Carried |
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THAT 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 of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Moorbel Hall Committee be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows: · the care, control and management of Moorbel Hall. |
10/04/30 1 |
Carried |
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Proceedings in Brief In response to a request from Clr Dean that this matter should be determined by the Caravan Park Committee the Director of Engineering & Technical Services commented that it may be inappropriate as the committee includes the Caravan Park Managers. |
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THAT the matter be referred to the Caravan Park Committee.
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10/04/31 1 |
Carried |
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Proceedings in Brief The Director of Engineering & Technical Services advised that the recommendation would need to be changed as the Canowindra Town Improvement funds cannot be used for maintenance purposes. |
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THAT Council advise the Canowindra Garden Club that it cannot approve funding from the Canowindra Town Improvement Fund for maintenance purposes and that the Garden Club is encouraged to apply for CIP funding for upgrading instead.
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10/04/32 1 |
Carried |
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THAT tenders for the operation and management of the Canowindra Swimming Pool and the Molong Swimming Pool for the 2010 – 2011, 2011 – 2012 and 2012 – 2013 be advertised.
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10/04/34 1 |
Carried |
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THAT the minutes of the Cabonne Council Caravan Park Committee meeting be noted.
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10/04/35 1 |
Carried |
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THAT the Motion be received.
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10/04/38 |
Carried |
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THAT in future all Mayoral minutes be tabled at the meeting and distributed to all Councillors prior to further consideration. |
10/04/39 |
Carried |
It was noted the time being 1:10pm Council adjourned for lunch resuming at 2:03pm. It was noted Clr MacSmith did not rejoin the meeting and the temporary absence of Clr Hyde & Director of Environmental Services was noted until 2:05pm.
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THAT: 1. A further workshop is conducted to closely examine options for the provision of works and services and further that the Director of Engineering & Technical Services prepare a paper examining the existing functions of the department with levels of responsibilities and accountability. 2. An update report be provided to May Council meeting. |
10/04/40 |
Carried |
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THAT the relevant Director undertake the following actions: 1. Director of Engineering & Technical Services to provide status report on CIP and LAIP projects 2. Director of Engineering & Technical Services to monitor “local pricing” for goods and services 3. Senior Staff to implement inter departmental managers meetings and for these meetings to follow QBR’s 4. Director of Environmental Services to review access and availabilities of the DA kits 5. Director of Environmental Services to review templates in consultation with CDU. |
10/04/41 1 |
Carried |
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Proceedings in Brief This item was called by Clr MacSmith who had to unexpectedly leave the meeting. |
It was noted the time being 2:10pm Clr Gosper having declared an interest due to his daughter being employed at the Waluwin Centre left the Chambers.
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Proceedings in Brief In response to request for clarification from Clr Dowling the Director of Finance & Corporate Services confirmed that there was no conflict of interest with Clr MacSmith as his wife is employed by a third party working at the Waluwin Centre. |
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THAT: 1. The General Manager ensure a governance committee is in place for the Waluwin Centre by 1 July 2010. 2. Clr MacSmith be an alternative delegate to the Waluwin Governance Committee.
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10/04/42 1 |
Carried |
It was noted the time being 2:15pm Clr Gosper rejoined the meeting.
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Proceedings in Brief Clr Wilcox advised that she had received letters from the Local Brigade advising that they were requesting time to reconsider this site as they may wish to work in together with the Men’s Shed and the National Field Days committee on a common site. Further she has received a letter from the current lessee of the property advising that he had a lease over the Railway Station land property. The General Manager advised that that conflicted with advice received from David Hoadley of the RFS and suggested that the Local Brigade needed to consult with the RFS. He suggested a further report to Council was required. |
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Proceedings in Brief Clr Wilcox advised she was happy to answer questions in relation to the conference and showed Councillors some handouts. |
It was noted the time being 2:40pm Clr Farr left the meeting
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Proceedings in Brief Clr Hyde sought leave to move the Item to Closed to which the Director of Finance & Corporate Services advised that the Local Government Act did not provide for moving an item into closed only to avoid embarrassment. Clr Hyde outlined a process and time frame for presenting the consultant’s report and inviting public comment. He also requested input from other Councillors. |
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Proceedings in Brief This item was called by Clr Bleakley who withdrew his request to speak on the matter. |
There were nil matters of urgency.
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THAT the information be noted.
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2. |
Carried |
It was noted Item 4 was to be considered last.
It was noted, the time being 12:34pm Clr Gosper declared an interest due to being an adjoining land owner to the proposed HUB site and left the Chambers.
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Recommendation (Dowling/Bleakley)
That the information be noted. |
3. |
Carried |
It was noted, the time being 12:37pm Clr Gosper rejoined the meeting.
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Proceedings in Brief The Director of Finance & Corporate Services advised that it was his understanding the Clrs Durkin & Walker wished to withdraw the item, which Clr Walker confirmed. |
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THAT the report and recommendations of the Land Development Committee Meeting of Cabonne Council held on 1 February 2010 be adopted.
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6. |
Carried |
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THAT: 1. The report be noted, 2. Council further investigate the legal requirements associated with proposed extensions to landfill sites, 3. Council advise Mr K Penson that it remains interested in the acquisition of 2ha of land from Lot 204 DP 750155 Yellow Box Road, Manildra and will give further consideration to his offer. |
7. |
Carried |
It was noted the time being 3:05pm Clrs Culverson & Dowling left the meeting.
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THAT this Item be deferred to the May Council meeting.
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8. |
Carried |
It was noted the time being 3:07pm 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 19 April, 2010 be adopted. |
10/04/44 1 |
Carried |
There being no further business, the meeting closed at 3:07pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 17 May, 2010 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.