MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 19 July, 2010 COMMENCING AT 9.30am
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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 MAYORAL MINUTE - APPOINTMENTS
ITEM - 5 CONFIRMATION OF THE MINUTES
ITEM - 6 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 7 REVIEW OF ORGANISATIONAL STRUCTURE
ITEM - 8 ONE ASSOCIATION FOR LOCAL GOVERNMENT IN NSW AND TRANSFER OF AUGUST COUNCIL MEETING DATE
ITEM - 9 CODE OF CONDUCT REVIEW COMMITTEE - APPLICATION FOR MEMBERSHIP..
ITEM - 10 CENTRAL WEST CATCHMENT MANAGEMENT AUTHORITY (CWCMA) 'SMARTER WAYS WITH WATER'
ITEM - 11 LGSA 2010 WATER MANAGEMENT CONFERENCE
ITEM - 12 CENTROC Summit at the Mount
ITEM - 13 CENTROC "TAKE YOUR DAUGHTER TO WORK DAY"
ITEM - 14 2010 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT (NGA)
ITEM - 15 150 YEARS OF LOCAL GOVERNMENT IN ORANGE
ITEM - 16 CANOWINDRA RETIREMENT VILLAGE
ITEM - 17 Small Town Sewer Pre Construction Levy - Delegation of Authority
ITEM - 18 Questions For Next Meeting
ITEM - 19 2009/2010 MANAGEMENT PLAN - FINAL REVIEW TO 30 JUNE 2010
ITEM - 20 LOCAL GOVERNMENT WEEK COMMITTEE MEETING
ITEM - 22 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 23 Policy Database - Communications and Media Policy
ITEM - 21 CABONNE COUNTRY TOURISM COMMITTEE
ITEM - 24 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 25 Australia Wide Rural Road Group (AWRRG)
ITEM - 26 TRAFFIC COMMITTEE MINUTES
ITEM - 27 COUNCILLOR REPRESENTATION TO CWCMA
ITEM - 28 Request for fill material for building site
ITEM - 29 WORKS COMMITTEE MEETING MINUTES
ITEM - 31 DA 2007/138 for Seven Lot Rural Subdivision, Kangaroobie Lane - COMMON SEAL
ITEM - 32 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 34 Notice of Motion - Councillor Expenses
ITEM - 3 2009 COMMUNITY CONSULTATION MEETINGS - ACTION STATUS REPORT UPDATE..
ITEM - 6 CENTRAL TABLELANDS WATER - DELEGATES REPORT
ITEM - 9 RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions
ITEM - 10 Rate Collections for 2009/10 Year
ITEM - 11 ABORIGINAL LAND CLAIMS 3747, 3767
ITEM - 12 Strategic Integrated Water Cycle Management Study
ITEM - 19 COMPLEX ZONING PROPOSED IN NEW LEP FOR MOLONG & CANOWINDRA
ITEM - 1 CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS
ITEM - 4 DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS
ITEM - 6 GELATO FACTORY - FLOOR DRAINAGE
ITEM - 7 LAND DEVELOPMENT SUB COMMITTEE MEETING
ITEM - 8 WBC STRATEGIC ALLIANCE - ROLLING TWO YEAR FUNDING PROGRAM
ITEM - 32 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 19 COMPLEX ZONING PROPOSED IN NEW LEP FOR MOLONG & CANOWINDRA
REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE
PRESENT Clr K Duffy (in the Chair), Clrs G Dean, 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 An apology was tendered on behalf of Clr N Bleakley, for his unavoidable absence from the meeting. |
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THAT the apology tendered by Clr N Bleakley be accepted and the necessary leave of absence be granted.
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10/07/01 |
Carried |
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Proceedings in Brief Clr MacSmith declared an interest in Item 30 due to having a financial relationship with the owners; Clr Farr declared an interest in Item 30 due to his son being currently employed by the owners; Clr Culverson declared an interest in Item 9 due to her sister and niece being employed by one of the applicants; Clr Durkin, a serving Police Officer, declared an interest in Item 9 due to one of the applicants also being employed by the NSW Police Force; Clr Culverson declared an interest in Item 31 due to an objector being her Father-in-law; and Clr Duffy declared an interest in Item 32 pending confirmation of legal implications relating to Item 10 of the report of the Environmental Services and Sustainability Committee. |
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THAT the Declarations of Interest be noted.
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10/07/02 |
Carried |
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Proceedings in Brief There were nil declarations of political donations. |
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Proceedings in Brief The Mayor welcomed the Director of Finance & Corporate Services back from his period of illness at the beginning of the meeting and at this time requested that Council’s appreciation to the Acting Director of Finance & Corporate Services be recorded. Clr Duffy
Youth of the Month Sam Little Volunteer of the Month Ann Wright Clr Dean
Clr MacSmith
Clr Dowling
Clr Gosper
Clr Hyde
Clr Walker
Clr Culverson
Clr Wilcox
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THAT the information contained in the Mayoral Minute be noted.
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10/07/03 |
Carried |
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Proceedings in Brief Clr Culverson indicated that Item 27 (page 54) of the minutes of the Ordinary Council Meeting held 21 June 2010, point 2 b) should read “Written notice…”. |
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THAT the minutes of the Ordinary Meeting held on 21 June 2010 and the Extraordinary Meeting held on 5 July 2010 and the Extraordinary Meeting held on 12 November 2009 (noting the motion numbers follow the Ordinary Meeting held 16 November 2009) and noting that Item 27 (page 54) of the minutes of the Ordinary Council Meeting held 21 June 2010, point 2 b) should read “Written notice…”. |
10/07/04 |
Carried |
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Proceedings in Brief Clr Dean called Item 9; Clr MacSmith called Items 6, 9, 11 and 12, Clr Dowling called items 10 & 12; Clr Gosper called Item 3 & 11. |
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THAT: 1. Council consider the items called. 2. The balance of the items be noted. |
10/07/05 |
Carried |
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THAT Council’s organisational structure consisting of the General Manager, Finance and Corporate Services, Engineering and Technical Services and Environmental Services Departments be endorsed.
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10/07/06 |
Carried |
It was noted, the time being 09:51am Clrs Culverson and Durkin declared an interest in the following Item, one applicant being the employer of her sister and niece (Culverson) and one applicant being a work colleague (Durkin) and left the Chambers.
It was noted, the time being 09:52am Clrs Culverson and Durkin rejoined the meeting.
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Proceedings in Brief Clr Farr advised that he would be attending on behalf of the Central Tablelands Water and he could also consider Cabonne’s issues. |
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THAT Council nominate NIL attendees for the 2010 LGSA Water Management Conference.
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10/07/10 |
Carried |
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Proceedings in Brief In response to a comment by the General Manager that Councillors may be interested in attending on the Friday Clr Hyde indicated he wished to attend. Clr Farr advised that he would be attending on behalf of Central Tablelands Water. |
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THAT the Mayor and General Manager be Council’s nominated delegates to attend the 2010 CENTROC Summit on the Mount in Bathurst on 29-30 July 2010 and that Clr Hyde be authorised to attend on Friday 30 July 2010.
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10/07/11 |
Carried |
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THAT Council agree to participate in “Take Your Daughter to Work Day” on 9 November and 2010 and notify CENTROC of its agreement to participate.
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10/07/12 |
Carried |
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Proceedings in Brief The General Manager advised that the Mayor was to attend however his attendance does not require Council approval. MOTION (Farr/Dean) THAT Council authorise the attendance of the Central West Libraries Delegate, Clr Culverson, to the 150 Years of Local Government in Orange Mayoral Dinner at a cost of $65 per person. Withdrawn Pursuant to some Councillors querying why the Cental West Library delegate had been invited when delegates to other groups run by Orange City Council were not, Clr Culverson requested that the Motion be withdrawn: the Mover and Seconder agreed. MOTION (Duffy/Culverson) THAT Council authorise the attendance of any councillor interested in attending the 150 Years of Local Government in Orange Mayoral Dinner at a cost of $65 per person. In response to the Mayor’s proposed Motion it was noted that Council’s policy requires Councillors attendance to be approved at the Council meeting. Based on advice received the Mover and Seconder withdrew the Motion. |
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THAT Council authorise the attendance of Clrs Dean, Bleakley, MacSmith, Dowling, Gosper, Durkin, Hyde, Walker, Farr, Culverson & Wilcox to the 150 Years of Local Government in Orange Mayoral Dinner at a cost of $65 per person. |
10/07/14 |
Carried |
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Proceedings in Brief The Director of Finance & Corporate Services drew Council’s attention to the fact that the loan amount should actually be $86,000. |
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THAT Council give approval to the Canowindra Retirement Village to pay off the $86,000 loan, interest free for a further 3 years or sale of a unit, whichever comes first.
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10/07/15 |
Carried |
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Proceedings in Brief DLG advice allows that when questions for next meeting are asked that an answer may be given straight away: some questions were answered at the meeting and others were added to the motion. In response to a question by Clr Dean relating to the Cabonne Organisational Structure it was decided that the question could be addressed in Closed during item 5. In response to a question by Clr Farr relating to the sale of a lot at Molong Heights Estate the General Manager advised that the enquiry had not proceeded. A question by Clr Gosper relating to the Molong Showground was referred to the following meeting. It was noted a letter from the Showground Society was handed to the Director of Engineering & Technical Services. In response to a question by Clr Farr relating to land sales incentives it was decided that the matter could be raised in Closed during item 7. |
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THAT Council be provided with a report to the next Council meeting in response to a question asked by Clr Gosper relating to the Molong Showground. |
10/07/17 |
Carried |
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ITEM - 19 2009/2010 MANAGEMENT PLAN - FINAL REVIEW TO 30 JUNE 2010 |
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THAT the update of the Management Plan to the 30 June 2010, as presented be adopted. |
10/07/18 |
Carried |
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THAT: 1. The report and recommendations of the Local Government Week Committee Meeting of Cabonne Council held on 5 July 2010 be adopted. 2. Council approve prize money be offered as per the summary included in the report with the competition being open to all students who reside in the Cabonne area. |
10/07/19 |
Carried |
It was noted Items 22 and 23 were addressed next.
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THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 5 July 2010 be adopted. |
10/07/20 |
Carried |
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Proceedings in Brief MOTION (Farr/Wilcox) THAT subject to any changes identified at the July Council meeting, Council adopt the updated Communications and Media Policy. Withdrawn Clrs Farr and Wilcox moved the motion as per the recommendation however after discussion the Councillors withdrew their Motion. |
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THAT consideration of adoption of the updated Communications and Media Policy be deferred until after a workshop to be held in September.
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10/07/21 |
Carried |
It was noted at this time Item 21 was addressed next and Mr Bob Craven addressed Council in relation to the Cabonne Country Tourism Committee. It was noted the time being 10:39am Council’s Economic Development Manager also addressed Council and answered questions.
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Proceedings in Brief The Director of Finance & Corporate Services noted that clause 13.1 (page 117) of the charter referring to “Amendment to Charter” should be changed to indicate that the Charter may be amended by Council. |
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THAT Council adopts the amended Cabonne Country Tourism Advisory Committee Charter noting that clause 13.1 - Amendments to Charter - should read that the Charter may be amended by Council. |
10/07/22 |
Carried |
It was noted the time being 10:46am a presentation was made to the Youth of the Month for June and the Volunteer of the Month for July with Council adjourning for morning tea at 10:55am resuming at 11:18am.
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THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 5 July 2010 be adopted.
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10/07/23 |
Carried |
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Proceedings in Brief Clr Farr, in clarifying the amendment, noted that he was nominating the Chair of Works - whomever held said position. |
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Motion (MacSmith/Wilcox)
THAT Council become a financial member of the Australia Wide Rural Road Group with membership fees be found from the local road budget and further that Council nominate Clrs Dowling & Gosper to be members of the Group.
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Amendment (Farr/Dean)
THAT Council become a financial member of the Australia Wide Rural Road Group with membership fees be found from the local road budget and further that Council nominate the Chair of the Works Committee and Clr Culverson to be members of the Group.
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The Amendment was put and Carried becoming the Motion. The Motion was put and Carried. |
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THAT Council become a financial member of the Australia Wide Rural Road Group with membership fees be found from the local road budget and further that Council nominate the Chair of the Works Committee and Clr Culverson to be members of the Group. |
10/07/24 |
Carried |
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THAT the report and recommendations of the Traffic Committee meeting held on 23 June 2010 be noted.
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10/07/25 |
Carried |
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THAT Council nominate Clr MacSmith as delegate and Clr Wilcox as alternate delegate to represent Cabonne Council on the CWCMA Local Government Reference Group Forum.
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10/07/26 |
Carried |
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Proceedings in Brief The Director of Engineering & Technical Services advised that the material was required for rehabilitation works at the end of the Molong Limestone Quarry’s life. |
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MOTION (Culverson/Dean)
THAT Council not agree to the request for supply of material free of cost from the Molong Limestone quarry on the grounds that it is not in the greater public interest.
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Amendment (Hyde/Walker)
THAT a site inspection be held before deliberating on this matter.
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The Amendment was put and lost. |
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THAT Council not agree to the request for supply of material free of cost from the Molong Limestone quarry on the grounds that it is not in the greater public interest.
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10/07/27 |
Carried Clrs Gosper, Hyde & Wilcox requested that their vote against the Motion be recorded. |
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THAT the report and recommendations of the Works Committee held on Monday July 5 2010 of Cabonne Council be adopted.
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10/07/28 |
Carried |
It was noted the time being 11:35am Clrs Farr and MacSmith declared an interest in the following Item, due to a son being employed by the proponent (Farr) and due to having a financial relationship (MacSmith) and left the Chambers.
It was noted the time being 11:38am Clrs Farr and MacSmith rejoined the meeting.
It was noted, the time being 11:38am Clr Culverson declared an interest in the following Item due to her Father in Law being an objector and left the Chambers.
It was noted, the time being 11:40am Clr Culverson rejoined the meeting.
It was noted, the time being 11:40am Clr Duffy declared an interest in the following Item due to pending confirmation of legal implications and left the Chambers. Clr Dowling assumed the Chair.
It was noted, the time being 11:47am Clr Duffy rejoined the meeting and resumed the Chair.
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Proceedings in Brief In speaking for the motion Clr Durkin commended the three Councillors who submitted the Notice of Motion particularly noting recent media coverage relating to Orange City Council and Liverpool Council expressing that Council should be accountable to the ratepayers. Clr Farr spoke against the Motion expressing a concern as to why the matter was being raised commenting that he had concerns that the media may use the information to suggest that certain councillors were not doing anything or benefit the ratepayers on the basis they were not attending seminars to conferences. He indicated that if the Mover and Seconder agreed to include expenses incurred by Central Tablelands Water, CENTROC and the WBC Alliance he would support the Motion. It was noted that Cabonne Council does not have access to expenses incurred by these other organisations. Other Councillors spoke in support of openness and transparency. The Mayor commented that if Councillors were to pursue accountability it should be on everything including the General Manager expenses noting that the $7,000 or $8,000 Councillors receive is a paltry amount for the amount of hours worked. In response to a question from Clr Farr the Director of Finance & Corporate Services consulted a copy of the Management Plan and commented that a break up of the Councillor expenses pool was identified in the budget and reported on quarterly. The General Manager added that whilst it did not provide expenditure of individual Councillors the expenses pool amount was known and agreed. During his right of reply Clr MacSmith also spoke on transparency noting that ratepayers have asked for this information. Clr MacSmith asked the Administration Manager if he could confirm whether the information was available under the new GIPA Act which the Administration Manager confirmed. Clr MacSmith suggested the information should be made available proactively. In response to a suggestion by Clr Hyde that Councillors raise their hands when moving or seconding Motions the General Manager commented that if the Chair calls the wrong name a Councillor simply needs to advise the Chair that they did or did not move or second the item in question. It was noted, the time being 12:07pm Clr Durkin left the Chambers. |
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THAT: 1. Council receive a quarterly report providing a break-up of Councillor expenses provided to Councillors under the headings of Councillor, type and amount of expense, facility or other in-kind benefit, etc.
2. All future reports to Council relating to the nomination of Councillors to attend a seminar, conference etc provide details of the available funds in that budget and specifying the estimated expenditure detailing registration, accommodation, meals & any out of pocket expenses with the actual expenditure to be reported once known to the following Council meeting. |
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Lost
A Division was called for which resulted as follows (noting the absence of Clr Bleakley – apology; Clr Durkin – absent during voting): For: Clrs MacSmith, Dowling, Gosper and Wilcox Against: Clrs Duffy, Dean, Hyde, Walker, Farr and Culverson |
It was noted, the time being 12:08pm Clr Durkin rejoined the meeting.
It was noted the time being 12:09pm the Executive Officer of CENTROC addressed Council until 12:45pm.
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Proceedings in Brief In response to a question from Clr MacSmith via the Chair to Council’s delegate to Central Tablelands Water, Clr Farr provided an update on progress to secure funding for the Lake Rowlands Project including planned visits to Minister Costa in Sydney and then to Canberra. |
It was noted the time being 12:49pm when a question was asked relating to Cadia Clr Duffy and the Director of Finance & Corporate Services declared and interest: due to his son being employed at Cadia (Duffy) and due to being a shareholder in Newcrest Mining (Director of Finance & Corporate Services) and left the Chambers. Clr Dowling assumed the Chair.
It was noted the time being 12:50pm Clr Duffy and the Director of Finance & Corporate Services rejoined the meeting. Clr Duffy resumed the Chair.
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Proceedings in Brief Clr Dowling requested this item be referred to Closed claiming provisions under the Local Government Act relating to matters in relation to the personal hardship of a resident or ratepayer allowing such information being treated as confidential. Note: The matter to be raised by Clr Dowling was actually addressed as part of Closed Item 4. |
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Proceedings in Brief In response to a question from Clr MacSmith the Director of Engineering & Technical Services advised that the matter related to a claim to land adjoining Mt Canobolas which has been refused by the Court. |
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Proceedings in Brief In response to a question from Clr Dowling the Director of Engineering & Technical Services expanded on his report advising that issues identified under the Integrated Water Cycle Management Study would now have a strategic plan developed to address same. In response to a question from Clr MacSmith the Director of Engineering & Technical Services advised that the CENTROC study was a separate issue and unlikely to provide funds relating to Yeoval & Cumnock water issues. |
There were NIL matters of urgency.
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THAT the information be noted.
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2. |
Carried |
It was noted, the time being 1:01pm Clr Culverson declared an interest in the following Item due to one of the rate payers being a client of her business and left the Chambers.
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THAT the ratepayers in the annexure attached be advised in writing that if payment of their account is not made, or a satisfactory arrangement for payment is not made within seven days of the correspondence that Council intends to issue a Statement of Claim for the recovery of all monies owed to Council.
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3. |
Carried |
It was noted, the time being 1:04pm Clr Culverson rejoined the meeting.
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THAT:
2. Council authorise an Extraordinary Meeting on August Committee Day if the letter of agreement is not signed. |
5. |
Carried |
It was noted at this time Open Determination Item 32 was addressed next in relation to Item 10 of the annexure.
It was noted, the time being 1:34pm Clr Duffy declared an interest due to pending confirmation of legal implications and left the Chambers. Clr Dowling assumed the Chair.
It was noted, the time being 1:41pm Clr Duffy rejoined the meeting and resumed the Chair.
At this time Notation Item 19 was addressed next.
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ITEM - 19 COMPLEX ZONING PROPOSED IN NEW LEP FOR MOLONG & CANOWINDRA |
It was noted the time being 1:43pm 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 July, 2010 be adopted.
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10/07/34 |
Carried |
There being no further business, the meeting closed at 1:44pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 23 August, 2010 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.