MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 17 May, 2010 COMMENCING AT 9.30am
Page 1
TABLE OF CONTENTS
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 CADIA EAST DEVELOPMENT APPROVAL - COUNCIL CONTRIBUTIONS
ITEM - 9 CODE OF CONDUCT REVIEW COMMITTEE
ITEM - 10 INDEPENDENT AUDIT FUNCTION
ITEM - 11 FLYING FOX POPULATION IN AND AROUND ORANGE
ITEM - 12 GST Compliance Certificate
ITEM - 13 Quarterly Budget Review for the period from 1st January 2010 to 31st March 2010
ITEM - 5 CONFIRMATION OF THE MINUTES
ITEM - 24 Banjo Paterson Statue at Yeoval
ITEM - 14 POLICY DATABASE - AUSTRALIA DAY OFFICIAL PARTY TIMETABLE POLICY
ITEM - 15 POLICY DATABASE - CODE OF CONDUCT POLICY
ITEM - 17 POLICY DATABASE - PROCUREMENT (Including Local Preference) POLICY
ITEM - 19 LOCAL GOVERNMENT REMUNERATION TRIBUNAL 2010 ANNUAL REVIEW – COUNCILLORS & MAYORAL FEES
ITEM - 20 Notice of Motion - Tabled Reports
ITEM - 21 Notice of Motion - Attendance at Conference and Breakfast by Clr Culverson
ITEM - 22 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 23 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 25 Rural Fire Service Station, March Brigade
ITEM - 26 WORKS COMMITTEE MEETING MINUTES
ITEM - 27 CARAVAN PARK COMMITTEE MEETING MINUTES
ITEM - 28 TRAFFIC COMMITTEE MINUTES
ITEM - 29 POLICY DATABASE - LAND ACQUISITION - PUBLIC ROADS ACT PoliCY
ITEM - 31 ACCREDITATION OF BUILDING INSPECTORS
ITEM - 32 Draft Potential Amendments to the Standard Instrument (LEP Template)
ITEM - 33 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE
ITEM - 34 BYNG / EMU SWAMP RURAL FIRE BRIGADE STATION..
ITEM - 35 CANOWINDRA RETIREMENT VILLAGE PROJECT
ITEM - 36 Cumnock Water Supply - Emergency Drought Works
ITEM - 2 Quarterly Budget Review for period from 1st January 2010 to 31st March 2010
ITEM - 3 2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE
ITEM - 6 SES BUILDING CANOWINDRA
ITEM - 7 RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions
ITEM - 9 57TH ANNUAL ALGWA NSW CONFERENCE - DELEGATES REPORT
ITEM - 11 Government Information Public Access (GIPA) ACT
ITEM - 12 Review of Council's Operations - interim report
ITEM - 13 VOLUNTARY PURCHASE - GRAVILLEA STREET EUGOWRA
ITEM - 14 Molong Quarry - Business Plan
ITEM - 15 PROJECT APPROVAL - ORANGE WASTE PROJECT - PART 3A
ITEM - 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 5 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS
ITEM - 6 MOLONG INDUSTRIAL ESTATE-EXTENSION OF WATER AND SEWER MAINS
ITEM - 7 Plant Replacement - Prime Mover
ITEM - 8 Plant Replacement - Low Loader
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 Director of Engineering & Technical Services,
Director of Environmental Services, Finance Manager (arriving 9:44am) and
Administration Manager.
|
|
|
Proceedings in Brief There were nil applications for leave. The absence of the General Manager and Director of Finance & Corporate Services was noted. Clr Bleakley wished it noted that he would be absent for the next two Council meetings. |
|
|
|
Proceedings in Brief There were nil declarations of interest. |
|
|
|
Proceedings in Brief There were nil declarations of political donations. |
|
|
|
Proceedings in Brief The Mayor advised there was no Mayoral Minute however he read out his Mayoral “considerations” (activities and attendances). In response to a comment by the Mayor that Councillors should read out their monthly activities Clr Gosper comment that it was the Mayor himself who had requested that they not be read out with a view to saving time. The Mayor clarified that he felt Councillors should read out meetings attended in instances when the councillors attend as Council delegates. Clr Duffy · Major Mitchell launch in Orange with Mayor OCC · CTAC Meeting · Meet the Developer of Molong Industrial Estate · Hawkesbury Show · ANZAC Day · The Falls Retreat · Yeoval Show · Golden Cross Resources · Small Towns Development · Hub Announcement · CTAC Structural Meeting Molong · Mayoral Round Table Cootamundra · Realistic approach to Cargo Road · Leaders in Local Government meeting in Sydney · WBC Meeting · Cadia Valley Dinner · Lachlan Valley Regional Transport meeting · Flying Fox meeting with OCC · Daroo meeting · CTAC Structural meeting
Youth of the Month
Announced as Taylah Woodhouse
Volunteer of the Month
Announced as Norm Baker
Clr Walker · Jim Brissondon Sports Oval · Memorial Park Play Equipment - Country Energy · ANZAC Day · Committee meeting · Caravan Park meeting · History in Club · AOF · LRTC · Can Food Basket · AOF · Railway Centenary meeting · Historical Society · David Cullane Memorial park · Council meeting Clr MacSmith · Newcrest Mining meeting · Flying Foxes meeting with OCC · ANZAC Day at Toogong · Meeting with Golden Cross Resources at Molong Clr Dowling · Meeting re Molong Cab Service · ANZAC Day at Toogong · Golden Cross Resources information night at Molong · Meeting in Yeoval re Men’s Shed · Committee meetings · Yeoval Progress meeting · WBC meeting at Molong · Meeting with Molong Show Society and Molong Golf Club re Water Issues (Bore) Clr Wilcox · Ophir Trust meeting cancelled (not advised) · Mullion Creek Progress Association meeting · CTAC meeting · Arts Out West (AGM) in Manildra · Committee meetings · WBC meeting in Molong · Newcrest Directors Dinner in Orange · Arts Out West meeting in Orange · Mullion Creek Hall Trust meeting · CTAC (inability due to below attendance) · Cowal Mine Tour at West Wyalong · Mines Related Councils meeting – Royalties · Council meeting Clr Hyde · HACC joint meeting Manildra · Review flood draft from Consultants Lyall Assoc in Eugowra · Daroo meeting in Manildra · Community Economic Development Conference in Broken Hill · LRTC meeting at Canowindra · EPPA at Eugowra · Daroo Awards meeting at Manildra Clr Gosper · Council meeting · Meeting with Developer of Molong Industrial Area · Meeting with owners of Cabonne Cabs of Molong · ANZAC day at Molong · Golden Cross Resources Public meeting in Molong re The Copper Hill Project · Committee meetings · Meeting with Molong Gold Club, Molong Show Society, Molong Sheep Dog Worker Assoc and Molong Pony Club re Cabonne’s lease of this area and problem with Water · Hub Action Group Public meeting Clr Bleakley · Molong Industrial site · Traffic Committee · Cabonne Taxi · One Stop Health Shop Advisory Committee · Cabonne Health Council at Canowindra · Golden Cross Resources Presentation · Committee meetings · Acacia Lodge Committee meeting · Caravan Park Committee meeting · Newcrest Director’s Dinner · One Stop health Shop Advisory Committee · Hub Action Group Executive meeting · Show Society/Molong Golf Club meeting Clr Dean · Committee meetings · Cudal Progress meeting · Cabonne Caravan park Committee · Orange/Cabonne Road Safety Community Committee · Council meeting |
|
|
|
Proceedings in Brief In response to a statement by Clr Bleakley that point 12 of Item1 (page 76) was incorrect Clr Farr commented that to his recollection the minutes were in fact correct with the General Manager to provide a report identifying the source of the funds. Due to the absence of the General Manager and Director of Finance & Corporate Services the minutes were adopted excluding point 12 of Item 1. |
|
THAT the minutes of the Ordinary Meeting held on 19 April 2010 and the Extraordinary Meeting held on 3 May 2010 be adopted excluding point 12 of Item 1 of the Extraordinary meeting.
|
Carried |
|
|
|
Proceedings in Brief Clr Dean called Item 12; Clr Bleakley called Items 9 and 13; Clr Bleakley called Items 2, 3, 6, 7, 11, 12, 14, and 15; and Clr Hyde called Item 13. |
|
THAT: 1. Councillors consider the items called. 2. The balance of the items be noted. |
10/05/07 |
Carried |
It was noted the time being 9:40am Clr Duffy declared an interest due to his son being an employee of Cadia Valley Operations and Clr MacSmith declared an interest due to being a shareholder of Newcrest and left the Chambers. Clr Dowling assumed the Chair.
It was noted the time being 9:45am Clrs Duffy and MacSmith rejoined the meeting and Clr Duffy resumed the Chair.
|
|
|
Proceedings in Brief The Administration Manager advised that the General Manager had requested that the recommendation be amended to have alternate independent reviewers and to invite Mr Gerry Holmes to conduct a refresher course for Councillors and senior staff. |
|
THAT: 1. Mr Tony Cheney, Mr Graeme Summerson and Mr Chris Nichols be appointed as the Code of Conduct Review Committee for Cabonne Council and that Ms Jennifer Conn be appointed as the Independent Reviewer for Council’s Code of Conduct with Ms Helen Swan and Ms Kerry Hoffman as alternate Independent Reviewers. 2. Council invite Mr Gerry Holmes to provide a refresher course on the Code of conduct for Councillors and Senior staff. 3. The General Manager provide a quarterly report on all code of Conduct allegations received to Open Council, being a summary of the allegations and actions taken with a progress status on each item. 4. The Vacancy on Cabonne’s Code of Conduct Review Committee be filled as quickly as possible. |
10/05/10 |
Carried |
|
|
|
THAT Council: 1. Accept the Internal Auditor coming from one of the WBC Alliance Partners with the independent being the Director of Finance & Corporate Services from another Alliance Council. 2. Nominate Clr Bleakley as a third representative on the Audit Committee. |
10/05/11 |
Carried |
|
|
|
THAT Council nominate Clr L MacSmith (and Clr S Wilcox as Alternate) representatives to the Committee and advise Orange City Council accordingly.
|
10/05/12 |
Carried |
|
|
|
THAT Council nominate the Mayor, Deputy Mayor, the General Manager and the Director of Finance and Corporate Services to sign the Statement of Compliance. |
10/05/13 |
Carried |
It was noted at this time Item 5 was addressed again.
|
|
|
Proceedings in Brief The Mayor requested the outstanding matter relating to Item 5 be addressed. |
|
THAT point 12 of Item 1 of the Extraordinary meeting held on 3 May 2010 be deferred to the June Council meeting.
|
10/05/15 |
Carried |
It was noted Item 24 was addressed next.
|
|
|
Proceedings in Brief The Director of Engineering & Technical Services advised that Item was withdrawn as it had, subsequent to the report being submitted, been determined that the land in question is in fact Crown Land. It was noted the time being 10:22am Mr Alf Cantrell addressed Council in relation to the matter. In response to a comment by Mr Cantrell that the Yeoval Progress Association are trustees to the land and have their own insurance the Director of Engineering & Technical Services advised that Council still has some responsibility and should be satisfied that Insurance is current. In response to a Motion passed to apologise for the manner in which the matter was investigated Mr Cantrell accepted the apology on behalf or the Yeoval Progress Association. |
|
THAT: 1. An apology be made to the Yeoval Progress Association in relation to he manner in which the matter was investigated. 2. Concerns held be documented to the Yeoval Progress Association suggesting that an application for CIP grant may be submitted toward remedial actions if appropriate. 3. Council receive a report clarifying whether Yeoval Progress Association and all other Progress Associations are s355 committees of Council. |
10/05/16 |
Carried |
It was noted the time being 10:30am a presentation was made to the May Volunteer of the Month followed by an adjournment for morning tea at 10:35am with Council resuming its meeting at 10:55am.
|
|
|
Proceedings in Brief The Mayor noted that the policy was not being changed rather numbering had been added. The Administration Manager wished it noted that Council’s previous resolution from this meeting requiring the General Manager to provide quarterly, rather than annual, reports to Council would be included. In response to a question from Clr Dowling as to whether any code of conduct allegations had been received, as no reports had been made to Council during the last 18 months the Mayor stated that the Item in discussion was the policy. |
|
THAT Council readopt the annexed Code of Conduct policy document including the amendment to the requirement for the General Manager to provide quarterly rather than annual reports. |
10/05/18 |
Carried |
It was noted, the time being 11:10am Clr Culverson declared an interest due to being a service provider in the Cabonne LGA and left the Chambers.
It was noted, the time being 11:24am Clr Culverson rejoined the meeting.
|
|
|
Proceedings in Brief Clr Gosper advised that the Notice of Motion referred to written documents. Discussion followed as to the definition of “tabled documents” and what could still be brought up as Matters of Urgency noting the Mayor’s personal view that it should be limited to “matters of life and death”. The Mayor suggested advice be sought as to the definition of “tabled documents” and sought a Motion to that effect which Clr Farr stated he would second it if the advice seeking was at no cost to Council, suggesting the DLG may be an appropriate source. |
|
THAT: 1. The deadline for all tabled documents be 5pm on Friday preceding the monthly meetings and these late document be emailed to all councillors and relevant staff by this time. 2. The process be on trial for six (6) months. |
10/05/23 |
Carried |
|
THAT advice be sought as to the definition of “tabled documents”. |
10/05/24 |
Carried |
|
|
|
THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 3 May 2010 be adopted. |
10/05/26 |
Carried |
|
|
|
Proceedings in Brief In response to Clr Gosper’s request that a date be set for the workshop with Cabonne Cabs referred to in Item 4 (page 146) it was agreed to add a point to the Motion that the meeting be held on 7 June after the June Committee meetings. In response to Clr Culverson’s comment relating to Item 1 (page 145) it was agreed to add a point to the Motion that a similar donation be made to all Cabonne schools that apply for a donation towards accommodation and travel costs for the Young Leaders Day. It was noted at this time, being 11:43am, Clr Farr declared an interest due to being an employee of St Josephs Primary School, Manildra and left the Chambers returning at 11:47am. |
|
THAT: 1. The report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 3 May 2010 be adopted. 2. A workshop be held with Cabonne Cabs and persons and organisations involved in community transport on 7 June after the June Committee meetings. 3. Any Cabonne based School applying for a donation towards accommodation and travel costs to the Young Leaders Day event held in Sydney be eligible for a $200 donation. |
10/05/27 |
Carried |
It was noted Item 24 was previously dealt with.
|
|
|
THAT Council: 1. Accept the offer of land for the construction of a RFS station. 2. Undertake the necessary survey, subdivision and acquisition to create a parcel of land suitable for the construction of a RFS station; and 3. Dedicate the land as operational. 4. All costs associated with the acquisition be met by council and funded from Bushfire Funds. |
10/05/28 |
Carried |
|
|
|
Proceedings in Brief In response to Clr Culverson’s suggestion on the Additional Item – Molong Recreation Playgrounds (page 155) it was agreed to add a point to the Motion that a report be provided to Council advising of all playground areas under shade / uncovered; a program for covering those requiring covering; and the impact on budget to carry out the works. In response to a question from Clr Farr the Director of Engineering & Technical Services advised that Manildra’s part of the Four Town Sewer scheme did have priority and that a detailed report was until recently provided to Works Committee. |
|
THAT: 1. The report and recommendations of the Works Committee held on Monday May 3 2010 of Cabonne Council be adopted. 2. A report be provided to Council advising of all playground areas under shade / uncovered; a program for covering those requiring covering; and the impact on budget to carry out the works. 3. A detailed report be provided to Council in relation to the status of the Manildra part of the Four Town Sewer project. |
10/05/29 |
Carried |
|
|
|
Proceedings in Brief It was noted that if Council intended to adopt the Recommendations of the Caravan Park Committee than the Motion needed to be amended from “noted” to “adopted”. |
|
THAT the report and recommendations of the Caravan Park Committee held at the Cudal Office on Wednesday 5th May 2010 be adopted.
|
10/05/30 |
Carried |
|
|
|
Proceedings in Brief Clr Culverson requested that the minutes be amended in relation to Item 6(a) (page161) in that she had not presented “her” concerns but rather the “community’s”.
Clr Bleakley spoke in relation to Item 6(i) 2 (page 164) requesting that a point be added to the Motion “THAT Council raise height limit on approved B-Double routes to 4.6m.” The Director of Engineering & Technical Services advised that if Council did not agree with the Traffic Committee recommendations then Council must advise the RTA and follow a preset process.
Clr Dean raised an issue in relation to a Bus Route Sign on Bowen Lane which the Director of Engineering & Technical Services undertook to follow up.
It was noted the Motion also referred to “noted” rather than “adopted” and was amended accordingly.
|
|
THAT: 1. The report and recommendations of the Traffic Committee meeting held on 21 April 2010 be adopted, noting the amendment relation to Item 6(a) (page161) in that Clr Culverson had not presented “her” concerns but rather the “community’s”. 2. Council raise the height limit on approved B-Double routes to 4.6m. |
10/05/31 |
Carried
Clr Hyde requested his vote against the Motion be recorded. |
|
|
|
THAT Council approve the acceptance of the grant and loan and for the common seal to be affixed to the grant and loan agreements.
|
10/05/33 |
Carried |
|
|
|
Proceedings in Brief In response to a question from Clr Bleakley the Director of Environmental Services advised that there was concern from the industry which was seeking legal advice due to the impact on the individuals requiring personal liability insurance. She expected that if Council’s current staff did not agree to becoming accredited than outside consultants would be required at a cost to Council. |
|
THAT subject to not receiving direction from the Council as to the consideration of any matter by the Council, 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 Section 377 of the Local Government Act 1999, the General Manager Graeme Leslie Patrick Fleming – be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions enumerated below:
1. the function under s5(1A) of the Building Professionals Act 2005 to make recommendations to the NSW Building Professionals Board in relation to applications for accreditation by individual Council building inspectors. |
10/05/34 |
Carried |
|
|
|
Proceedings in Brief In response to a question from Clr Dowling the Director of Engineering & Technical Services took on notice to find out where the report relating to the proposed Nashdale Rural Fire Station was up to. |
|
THAT Council cover the cost of sub division of the piece of land owned by Talbri Pty Ltd at full cost to Council.
|
10/05/37 |
Carried |
|
|
|
THAT Council increase its loan to the Canowindra Retirement Village Association by a further $20,000 and that authority be granted for Council’s seal to be attached to the loan document and mortgage if required.
|
10/05/38 |
Carried |
|
|
|
THAT Council: 1. Accept the Minister for Water’s offer for financial assistance for emergency drought works for Cumnock Water Supply 2. Sign the standard conditions of agreement under seal of Council. 3. Approve funding from the Cabonne Water Fund up to $80,000 as Council’s 20% contribution to the proposed drought works. |
10/05/39 |
Carried |
|
ITEM - 2 Quarterly Budget Review for period from 1st January 2010 to 31st March 2010 |
|
Proceedings in Brief Cle Bleakley advised that his question was answered during the Council meeting. |
|
|
|
Proceedings in Brief In response to question from Clr Bleakley the Administration Manager advised that the commission had been paid to the Real Estate Agent. |
|
ITEM - 9 57TH ANNUAL ALGWA NSW CONFERENCE - DELEGATES REPORT |
|
Proceedings in Brief This Item was called by Clr Durkin however he withdrew his call. |
|
|
|
Proceedings in Brief In response to a question from Clr Bleakley the Administration Manager confirmed that the new GIPA legislation does require Council to be more open and in fact be proactive about making information available eg via Council’s website. |
|
|
|
Proceedings in Brief In response to a question by Clr Dean as to the workload being very high and probably unachievable the Director of Engineering & Technical Services agreed and noted that budget restraints limited resources. In response to a comment by Clr Bleakley the Director of Engineering & Technical Services agreed that a bias could be perceived and in that his report to June Council he would be seeking funding for the review to be done by a consultant. |
|
|
|
Proceedings in Brief Clr Hyde advised Council that this community group was not technically a “Men’s Shed” and that he had conveyed via the group’s Chair that Council had no option and that demolition was mandatory as flagged in the report. The Director of Engineering & Technical Services confirmed that a response had been received from DECCW that demolition is a condition of funding. |
|
|
|
Proceedings in Brief In response to a question from Clr Bleakley the Director of Engineering & Technical Services advised that a Client database had been completed and that other aspects raised by the councillor would be included in the business plan. |
It was noted, the time being 12:35pm Clr Gosper declared an interest due to being an adjoining land owner to the proposed HUB site and left the Chambers.
|
|
|
Proceedings in Brief In response to a question by Clr Bleakley the Director of Environmental Services advised that Council’s involvement was now limited to the upgrade of Euchareena Road. Governance issues relating to the development now being the responsibility of Orange City Council (OCC) and the Minister for Planning. The Director of Engineering & Technical Services added that negotiations may be proposed by OCC as Council’s priority for that road was not high and OCC may require a faster timeframe for an upgrade. |
It was noted, the time being 12:40pm Clr Gosper rejoined the meeting.
There were nil maters of Urgency.
* |
|
|
RECOMMENDATION (Farr/Culverson)
THAT the information be noted.
|
2. |
Carried |
* |
|
|
Recommendation (Culverson/Durkin)
THAT Council endorse the actions contained in the Proceedings In Brief relating to the Molong Gelato Factory.
|
3. |
Carried |
It was noted, the time being 1:18pm Clr Durkin left the Chambers.
It was noted, the time being 1:21pm Clr Durkin rejoined the meeting.
|
|
|
Recommendation (Culverson/Dowling)
THAT Council purchase from Mack Trucks Sydney, one Mack Superliner for the purchase price of $235,000 excluding GST, plus on road costs.
|
6. |
Carried |
* |
|
|
Recommendation (Culverson/Dean)
THAT Council purchase from Brentwood Trailers one Brentwood BDW3034 for a purchase price of $115,500 excluding GST, plus on road costs. |
7. |
Carried |
It was noted the time being 1:23pm the Chair resumed the Ordinary Meeting.
|
|
|
THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 17 May, 2010 be adopted. |
10/05/41 |
Carried |
There being no further business, the meeting closed at 1:24pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 21 June 2010 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.