MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 18 October, 2010 COMMENCING AT 9.30am

Page 1

 

TABLE OF CONTENTS

 

ITEMS FOR DETERMINATION.. 1

ITEM - 1     APPLICATIONS FOR LEAVE OF ABSENCE.. 1

ITEM - 2     DECLARATIONS OF INTEREST.. 1

ITEM - 3     DECLARATIONS OF POLITICAL DONATIONS.. 1

ITEM - 4     MAYORAL MINUTE - APPOINTMENTS.. 1

MAYORAL MINUTE - AMALGAMATION - CARGO ROAD USERS.. 2

ITEM - 5     CONFIRMATION OF THE MINUTES.. 2

ITEM - 6     Questions For Next Meeting.. 2

ITEM - 7     LOCAL GOVERNMENT - ONE ASSOCIATION, CONSTITUTIONAL CONVENTION AND MODERNISATION DISCUSSION PAPER.. 3

ITEM - 8     BUSINESS PAPER ITEMS FOR NOTING.. 3

ITEM - 9     Rescission Motion - DA 2010/177 for an Animal Boarding and Training Establishment, Lot 100 DP 1145134, Corner of Four Mile Creek Road and Giles Road, Springside.. 4

ITEM - 10  NOTICE OF RESCISSION MOTION - ITEM 37 OF THE SEPTEMBER COUNCIL MEETING.. 4

ITEM - 11  2010/2011 MANAGEMENT PLAN - FIRST QUARTERLY REVIEW TO 30 SEPTEMBER 2010. 5

ITEM - 12  AGE OF FISHES - BBQ.. 6

ITEM - 13  Policy Date Base - Communications and Media Policy.. 6

ITEM - 14  Quarterly Budget Review from 01/07/2010 to 30/09/2010  6

ITEM - 15  Rates Incentive Scheme Draw... 7

ITEM - 16  YEOVAL SHOW... 7

ITEM - 17  Australia Day 2011. 7

ITEM - 18  COMMUNITY SERVICES COMMITTEE MEETING.. 8

ITEM - 19  ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   8

ITEM - 20  2010 REGIONAL ACHIEVEMENT & COMMUNITY AWARDS.. 8

ITEM - 21  WORKS COMMITTEE MEETING MINUTES.. 8

ITEM - 22  Molong Village Green.. 9

ITEM - 23  Canowindra Caravan Park.. 9

ITEM - 24  Community Improvement Program (CIP) Grants.. 9

ITEM - 25  DEVELOPMENT APPLICATION 2008/39 FOUR (4) LOT SUBDIVISION LOTS 141 AND 146 DP756876, STAPLETONS ROAD, MOLONG.. 10

ITEM - 26  POLICY DATABASE - Environmental Services Policies.. 10

ITEM - 27  ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING   10

ITEM - 28  PLANNING ASSESSMENT PROCEDURES.. 11

ITEM - 29  POLICY DATABASE - DEVELOPMENTS POLICIES.. 12

ITEM - 30  POLICY DATABASE - PROMOTIONAL SIGNAGE WITHIN THE CABONNE COUNCIL AREA.. 12

ITEM - 31  POLICY DATABASE - FOOTPATHS - USE FOR OUTDOOR EATING AREAS   12

ITEM - 32  Molong Gasworks Remediation.. 12

ITEMS FOR NOTATION.. 13

ITEM - 1     INVESTMENTS & RATES SUMMARIES.. 13

ITEM - 3     ADDITIONAL INTEREST AND INVESTMENT EARNINGS 2009/2010  13

ITEM - 4     MOLONG CREEK CYCLEWAY.. 13

ITEM - 5     PECUNIARY AND NON-PECUNIARY CONFLICTS OF INTEREST.. 14

ITEM - 7     PECUNIARY INTEREST RETURNS 2010. 14

ITEM - 9     RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions   14

ITEM - 10  Budget Comparison for the Year from 1st July 2009 to 30th June2010. 14

ITEM - 11  Review of Regional Local Water Utilities.. 14

ITEM - 12  Molong Water Supply - Secure Yield Study.. 15

ITEM - 13  UPDATE ON PROVISION OF SUPPORT SERVICES TO COUNCIL'S WASTE MANAGEMENT UNIT.. 15

ITEM - 14  MOLONG TRANSFER STATION PROPOSAL.. 15

ITEM - 19  DRAFT ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATIONS 2010. 15

ITEM - 4     MAYORAL MINUTE - APPOINTMENTS.. 15

MATTERS OF URGENCY.. 19

CONFIDENTIAL ITEMS.. 19

ITEM - 1     CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 19

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 19

ITEM - 4     FLOOR DRAINAGE - MOLONG GELATO FACTORY.. 19

ITEM - 5     NETWASTE TENDER 145/534/987/3 - TENDER FOR NETWASTE REGIONAL HOUSEHOLD CHEMICAL COLLECTION.. 20

ITEM - 6     Request for Consideration of Sewer Charges - Account 9155.00000.4. 20

ITEM - 7     DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS.. 21

ITEM - 8     Tender for Management of Molong and Canowindra Pools   21

ITEM - 9     QUARRY COMMITTEE MEETING MINUTES.. 21

ITEM - 10  Engineering and Technical Services Review... 22

ITEM - 11  Molong Quarry Review Management and operation.. 22

ITEM - 12  Molong Dam and Pipeline Brief.. 22

ITEM - 13  ACQUISITION OF LAND FOR ROAD RESERVE PURPOSES ALONG BURGOON LANE. 22

ITEM - 3     ANNUAL REVIEW - Director OF ENVIRONMENTAL SERVICES   22

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 23

 


PRESENT         Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, K Duffy, 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.

 

ITEMS FOR DETERMINATION

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

The temporary absence of Clr Durkin was noted.

 

MOTION (Farr/Wilcox)

 

THAT the temporary absence of Clr Durkin be noted.

 

10/10/04

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Culverson declared an interest (being an Actual Pecuniary interest) in Item 9 due to an objector to the Development Application holding discussions with her to engage her business for services and Clr Wilcox declared an interest (being a potential non significant non pecuniary interest) in Item 17 due to an application referred to in the Annexure referring to a “Wilcox” who may be a relative, but not known to be such.

 

MOTION (Farr/Gosper)

 

THAT the Declarations of Interest be noted.

 

10/10/05

Carried

 

 

ITEM - 3    DECLARATIONS OF POLITICAL DONATIONS

 

Proceedings in Brief

There were nil political donations.

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

It was noted at this time the Mayor read out his appointments for the preceding month

 

MOTION (Dowling/Gosper)

 

THAT the information contained in the Mayoral Minute be noted.

 

10/10/06

Carried

 

 

MAYORAL MINUTE - AMALGAMATION - CARGO ROAD USERS

 

Proceedings in Brief

The Mayor tabled a report in relation to a letter received from the Cargo Progress Association wherein he requested that should any Councillors be “pushing amalgamation” that they advise the Council at this time: no Councillor responded.

 

Clr Duffy advised he wished to address the issue in conjunction with Item 7.

 

 

MOTION (Dowling/Gosper)

 

THAT the Mayor write back to the Cargo Progress Association and advise that there are no Cabonne Councillors pushing amalgamation.

 

10/10/07

Carried

 

 

ITEM - 5    CONFIRMATION OF THE MINUTES

 

Proceedings in Brief

In response to a comment by Clr Culverson the General Manager advised that it was practice at this Council to show the declaration of interest and departure above the heading for the Item to make it clear that the Councillor had in no way participated in discussion on that matter.

Clr Culverson also commented that the Proceedings in Brief read “attended as delegates and Council meetings” and should read “attendances and representations to delegated and associated Council meetings”.

 

MOTION (Farr/Wilcox)

 

THAT the minutes of the Ordinary Meeting held on 20 September 2010 and the Extraordinary Meeting held on 5 October 2010 be adopted with the Proceedings in Brief read “attended as delegates and Council meetings” and to be amended to read “attendances and representations to delegated and associated Council meetings”.

 

10/10/08

Carried

 

 

ITEM - 6    Questions For Next Meeting

 

MOTION (Hyde/Bleakley)

 

THAT Council receive a report at the November Council meeting in relation to questions asked / matters raised being:

1.    Clr Hyde asked: would Council and council staff consider displaying during Council’s meetings in this Chamber the matters of business reports, but more importantly, the recommendations or motions put to a vote on the screen viewed by the councillors?  The Chair and those alongside could have a laptop (or other system) for viewing same - all for the purpose of clarifying the wording of the motion and events leading to a vote and to save time for the minutes taker.

2.    Clr Bleakley request a report advising of any response from the RTA, Orange Council and Newcrest to Council’s letters offering to supply road products and also requested advice re an alleged conflict of interest between Council’s purchasing staff and a local business proprietor.

3.    Clr Farr requested an update report in relation to the provision of land for the Manildra Men’s Shed and also a report in relation to the Manildra truck parking area.

4.    Clr Dean requested a status report on the repair of Coates Creek Road.

5.    Clr Culverson asked for a progress report relating to funding of Shade structures.

10/10/09

Carried

 

 

ITEM - 7    LOCAL GOVERNMENT - ONE ASSOCIATION, CONSTITUTIONAL CONVENTION AND MODERNISATION DISCUSSION PAPER

 

MOTION (Bleakley/Farr)

 

THAT:

1.  Council be represented by the Mayor, Assistant General Manager and Clrs Bleakley, MacSmith, Gosper, Farr, Culverson and Duffy, at the Focus Group meeting in Dubbo on 9 November.

2.  The outcomes from the WBC Board meeting to be held in November be reported to Council’s November meeting.

3.  Council conduct a workshop to consider the One Association and Modernisation issues after the November Committee meetings.

10/10/10      

Carried

 

 

ITEM - 8    BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Clr Bleakley called Items 1, 3, 9, 12 and 14; Clr Gosper called Items 4 and 10; Clr Wilcox called Item 19; Clr MacSmith called Items 11 and 13; Clr Culverson called Item 5; and the General Manager called items 3 and 7.

 

MOTION (Farr/Hyde)

 

THAT:

1.     Councillors call any items they wish to further consider.

2.     The balance of the items be noted.

10/10/11      

Carried

 

It was noted, the time being 10:02am Clr Culverson declared an interest (being an Actual Pecuniary interest) in the following due to an objector to the Development Application holding discussions with her to engage her business for services and left the Chambers.

 

 

ITEM - 9    Rescission Motion - DA 2010/177 for an Animal Boarding and Training Establishment, Lot 100 DP 1145134, Corner of Four Mile Creek Road and Giles Road, Springside

 

Proceedings in Brief

The Director of Finance & Corporate Services advised that the report should have an introductory paragraph reading “We the undersigned councillors wished to rescind Item 24 of the September Council meeting 2010, which reads as follows:”

Clr Duffy spoke on the Rescission Motion, arguing that Council had been inconsistent and that there were precedents to allow what the foreshadowed motion indicated. 

In response to a question by Clr Farr, the Director of Environmental Services advised that the main difference between what had already been approved and what was foreshadowed was the addition of approval for a dwelling as part of the approval rather than by way of a separate further DA.

 

MOTION (Duffy/Hyde)

 

THAT the Rescission Motion be received.

 

 

Lost

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote against the Motion as follows (noting the absence of Clr Durkin – temporarily absent; Clr Culverson – declared interest):

For: Clrs Dean, Hyde, Duffy.

Against: Clrs Dowling, Bleakley, MacSmith, Gosper, Wilcox, Farr, Walker (abstained from vote).

 

It was noted, the time being 10:15am Clr Culverson rejoined the meeting.

 

 

ITEM - 10 NOTICE OF RESCISSION MOTION - ITEM 37 OF THE SEPTEMBER COUNCIL MEETING

 

MOTION (Wilcox/Gosper)

That Item 37 of the September Council meeting be rescinded.

10/10/12      

Carried

 

MOTION (Wilcox/Gosper)

THAT Council’s delegates to Community Peak Organisations (as listed below), subject to the support from these Organisations for the 2010/2011 year be as follows:

 

Town

Organisation

Meetings

Representative

Manildra

Manildra and District Improvement Association (MADIA)

1st Wednesday of each month

Clr Farr

Cumnock

Cumnock and District Progress Association

3rd Thursday of each month

Clr Wilcox with Clr Dowling as alternate

Yeoval

Yeoval and District Progress Association

1st Tuesday of each month

Clr Dowling with

Clr Farr as alternate

 

Molong

Molong Advancement Group

1st Wednesday of each month

 

Clr Gosper with Clr Bleakley as alternate

Mullion Creek

Mullion Creek & District  Progress Association

4th Tuesday of each month

 

Clr Culverson

Cargo

Cargo Progress Association

1st Thursday of every second month

Clr MacSmith

Nashdale/ Borenore

Proposed joint Borenore/ Nashdale Committee under consideration

Last Friday of every month

Clr Duffy

Canowindra

Canowindra Chamber of Commerce

Monthly

Clr Durkin

Eugowra

Eugowra Promotion and Progress Association

2nd Tuesday of each month

Clr Hyde

Cudal

Cudal Progress Association

1st Wednesday of each month

Clr Dean

 

 

10/10/13      

Carried

 

 

ITEM - 11 2010/2011 MANAGEMENT PLAN - FIRST QUARTERLY REVIEW TO 30 SEPTEMBER 2010

 

MOTION (Farr/Bleakley)

 

THAT the update of the Management Plan to the 30 September 2010, as presented, be adopted.

10/10/14      

Carried

 

 

ITEM - 12 AGE OF FISHES - BBQ

 

MOTION (Bleakley/Walker)

 

THAT Council install a stainless steel BBQ at the Age of Fishes Museum to be funded from the Canowindra Town Improvement Vote.

 

10/10/15      

Carried

 

It was noted the time being, 10:20am the Mayor announced the Volunteer of the Month for October 2010 as Mrs Elaine Cheney and Clr Hyde made a presentation to her.  The Mayor also announced the Youth of the Month for October as Sally Mackay and the time being 10:29am jointly with Clr Walker presented an Outstanding Service Award to Mrs Merlene James.

 

It was noted the time being 10:36am Council adjourned for morning tea, during which the Rates Incentive Draw was held, resuming at 11:00am.  The temporary absence of the General Manager was noted.

 

 

ITEM - 13 Policy Date Base - Communications and Media Policy

 

Proceedings in Brief

Clr Bleakley raised concerns re the use of the term “professional competence” in the policy and the failure of the policy to address communications with the community and even within Council itself, focusing only on media.

 

MOTION (Hyde/Wilcox)

 

THAT Council adopt the updated Communications and Media Policy

 

10/10/16      

Carried

 

Clr Bleakley requested his vote against the Motion be recorded.

 

It was noted the time being 11:08am the General Manager rejoined the meeting.

 

 

ITEM - 14 Quarterly Budget Review from 01/07/2010 to 30/09/2010

 

Proceedings in Brief

The Director of Engineering & Technical Services noted the heavy rains had increased costs.  Clr Gosper pointed out that the reference to “Jack Oxley” on page 21 should read “Jack Huxley”.

 

MOTION (Gosper/MacSmith)

 

THAT the variances noted in this budget review be endorsed by Council and that Council’s 2010/2011 Budget be amended to reflect the changes.

 

10/10/17      

Carried

 

 

ITEM - 15 Rates Incentive Scheme Draw

 

Proceedings in Brief

It was noted the Draw took place during the morning tea break and winners determined.  The General Manager reminded Council that he had previously disclosed he held shares with Downer EDI.

 

MOTION (Farr/Wilcox)

 

THAT Council endorse the draw of the Rates Incentive Scheme at Morning Tea on Council meeting day.

 

10/10/18      

Carried

 

 

ITEM - 16 YEOVAL SHOW

 

MOTION (Gosper/Wilcox)

 

THAT Council lodge a formal application for the proclamation of 17th May 2011 as a public holiday for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2011 Yeoval Show.

 

10/10/19      

Carried

 

 

ITEM - 17 Australia Day 2011

 

Proceedings in Brief

It was noted that Council was only endorsing locations for the 3 year cycle and that the policy allowed additions and movement.  It was noted that the locations were intentionally spread throughout the LGA to allow attendances at “official party’ sites by residents from other locations for e.g. citizenship ceremonies.

 

MOTION (Hyde/Culverson)

 

THAT Council:

1.    Endorse the steps taken in relation to Australia Day 2011.

2.    Determine the Official Party visitation locations for 2011, 2012 & 2013.

3.    Allow variation as per the Australia Day policy.

10/10/20      

Carried

 

 

ITEM - 18 COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Hyde/Walker)

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 5 October 2010 be adopted.

 

10/10/21      

Carried

 

 

ITEM - 19 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

Proceedings in Brief

In response to a proposal by Clr Walker to increase funding to the Twilight Markets from $200 as recorded at page 96 to $500 the General Manager warned Council that there are many markets throughout the LGA and to give each $500 would use up the available funds.

Clr Duffy raised a point that the Economic Development and Tourism Committee meeting was closed before he had a chance to raise an additional item in relation to his understanding that the Mulga Bill Festival was not proceeding this year despite Council issuing a Media Release to that effect.

 

MOTION (Walker/Gosper)

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 5 October 2010 be adopted noting Item 5, point 1 relating to funding for the Twilight Markets being increased from $200 to $500 and noting as an Additional Item Clr Duffy bringing to Councils attention the possibility that the Mulga Bill Festival will not be proceeding this year.

10/10/22      

Carried

 

 

ITEM - 20 2010 REGIONAL ACHIEVEMENT & COMMUNITY AWARDS

 

MOTION (Dean/Wilcox)

 

THAT Council authorise Clr Durkin to attend the event.

 

10/10/23      

Carried

 

 

ITEM - 21 WORKS COMMITTEE MEETING MINUTES

 

Proceedings in Brief

Clr Culverson requested it be noted that the proceedings in brief relating to Item 12, page 105 should read that she had “offered to deliver” not “would like”.

 

MOTION (Gosper/Walker)

 

THAT the report and recommendations of the Works Committee held on Tuesday 5th October 2010 of Cabonne Council be adopted noting that the proceedings in brief relating to Item 12, page 105 should read that Clr Culverson had “offered to deliver” not “would like”.

 

10/10/24      

Carried

 

 

ITEM - 22 Molong Village Green

 

Proceedings in Brief

Discussion included liaison with the Molong Beautification Committee, previous proposals to have a memorial wall at the Waluwin Centre, a proposed memorial wall in front of the Railway Station by MAG and it was noted by the Director of Environmental Services that there was a funding program available next year relating to collecting stories which Clr Hyde advised would be pursued through the Heritage Committee.

 

MOTION (Gosper/Bleakley)

 

THAT Council:

 

1.    Not approve the request for a memorial tree and plaque in honour of Jack Sharpe on the Molong Village Green and discuss with the Sharpe family an alternate location for tree and plaque.

 

2.     Commence discussion with the Molong Beautification Committee.

 

10/10/25      

Carried

 

 

ITEM - 23 Canowindra Caravan Park

 

MOTION (Farr/Culverson)

 

THAT Council:

1.  Approve readvertising the position and seek quotations for management of the park.

2.  Investigate alternate options for the operation of the caravan park including the Scout Hall.

10/10/26      

Carried

 

 

ITEM - 24 Community Improvement Program (CIP) Grants

 

MOTION (Farr/Wilcox)

 

THAT Council:

1.    Approve the complying applications in Table 1 totalling $19,456.

 

2.    Refer applications by Molong Sporting Groups and Nashdale Hall to the Local Area Improvement Grants Program for active consideration.

 

3.    Allocate the unused balance to the 2011/12 budget.

 

10/10/27      

Carried

 

 

ITEM - 25 DEVELOPMENT APPLICATION 2008/39 FOUR (4) LOT SUBDIVISION LOTS 141 AND 146 DP756876, STAPLETONS ROAD, MOLONG

 

MOTION (Gosper/Wilcox)

 

THAT Development Application 2008/39 for a four (4) lot subdivision of Lots 141 and 146 DP 756876, Stapletons Road, Molong be refused on the basis that:

 

1.   The subject land is no longer the whole of an existing holding.

 

2.   The subdivision does not satisfy the provisions of Clause 14 of the Cabonne Local Environmental Plan 1991.

 

10/10/28      

Carried

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a unanimous vote for the Motion (noting the absence of Clr Durkin – temporarily absent).

 

 

 

ITEM - 26 POLICY DATABASE - Environmental Services Policies

 

MOTION (Wilcox/Walker)

 

THAT Council:

1.  Adopt the annexed Housing Construction – Water Tanks policy.

2.  Delete the Septic tanks – Aerobic Policy and BASIX Certificates for Manufactured and Relocatable Dwellings Policy

10/10/29      

Carried

 

 

ITEM - 27 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

 

Proceedings in Brief

In response to an issue raised by Clr Culverson that Items 6 & 7 being page 118 were incorrect in that the Chair had not called for a division of Council the General Manager stated that he had been present at the meeting and to his recollection a vote was called. Clr Culverson quoting from Council’s Code of Meeting Practice noted that a show of hands was required. Clr Duffy also wished it noted that he had in fact abstained from voting at Item 5 which was incorrectly shown as a unanimous vote for the motion. Clr Duffy also raised the issue of a register of voting which should be maintained.

The General Manager advised that noting the aforesaid the Chair should call for a division in relation to the adoption and noting of this Committee’s Items.

Clr Farr moved that the Motion be put.

 

MOTION (Farr/Bleakley)

 

THAT the motion be put.

 

10/10/30      

Carried

 

 

MOTION (Farr/Bleakley)

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 5 October 2010 be adopted and carried Motions be noted and that Clr Duffy’s abstinence from voting in relation to Item 5 of that meeting be noted.

 

10/10/31      

Carried

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in one vote for the Motion as follows (noting the absence of Clr Durkin – temporarily absent).

For: Clrs Dowling, Dean, Bleakley, MacSmith, Gosper, Wilcox, Hyde, Walker and Farr.

Against: Clr Duffy (abstained from vote).

 

 

 

ITEM - 28 PLANNING ASSESSMENT PROCEDURES

 

Proceedings in Brief

Clr Farr commented that in his view if submissions (say two or three) against a development can be satisfied to the objectors’ satisfaction they should be determined under delegation. In response to a comment by Clr Duffy that DA’s determined by staff should still be reported to Council the Director of Environmental Services advised the reporting is done regardless of whether a DA is determined under delegation or by Council.

In response to a comment by the Director of Environmental Services that some people will not be satisfied regardless Clr Farr commented that in such cases the matter should be referred to Council.

The General Manager requested that the definition of objections should be limited to planning issues as in some instances objections are not valid.

 

MOTION (Farr/Gosper)

 

THAT considering the requirements of the EPA Act, Council’s LEP and DCPs, that a report be presented to Council to allow delegations to the General Manager to approve Development Applications where objections can be dealt with through consent conditions to the satisfaction of the objector provided:

 

a)    Council continues neighbourhood notification concerning subdivisions.

b)    Council maintains the existing arrangements in relation to quorums in relation to the Environmental Services & Sustainability Committee.

c)    A report containing submissions be provided to Councillors.

d)    Council obtain legal advice in relation to the abovementioned matters.

10/10/32      

Carried

 

 

ITEM - 29 POLICY DATABASE - DEVELOPMENTS POLICIES

 

MOTION (MacSmith/Wilcox)

 

THAT Council retain Developments Policies:

1.    Dwelling Entitlements – Use of SEPP 1

2.    Mud brick construction

3.    Pine tree planting – distance from boundary fences – pine forests

10/10/33      

Carried

 

 

ITEM - 30 POLICY DATABASE - PROMOTIONAL SIGNAGE WITHIN THE CABONNE COUNCIL AREA

 

Proceedings in Brief

In response to a comment by Clr Farr that noting two workshops were held in relation to Policies he could not recall the policy being discussed and requested a copy be provided before it being readopted.

 

MOTION (Durkin/Culverson)

 

THAT Council receive a further report on the Signs policy ‘Promotional signage within the Cabonne Council area’ with attached Policy to the November Council meeting.

 

10/10/34      

Carried

 

 

ITEM - 31 POLICY DATABASE - FOOTPATHS - USE FOR OUTDOOR EATING AREAS

 

MOTION (Duffy/Wilcox)

 

THAT a detailed review of Council’s policy ‘Footpaths – Use of Outdoor eating areas’ be carried out by Council staff and a report provided to Council.

 

10/10/35      

Carried

 

 

ITEM - 32 Molong Gasworks Remediation

 

MOTION (Gosper/MacSmith)

 

THAT Council:

1.    Immediately arrange for the Molong gasworks site to be secured by fencing and the General Manager be authorised to have the works undertaken on receipt of quotations for the necessary works.

2.    Make the necessary approach to the NSW Environmental Trust for provision of grant funds to assist in meeting the costs of the works outlined in the Environmental Earth Sciences proposal.

3.    Forward the proposal received from Environmental Earth Sciences and dated 6 August 2010 to DECCW for its assessment as to suitability.

4.    Commence community consultation.

5.    Note the heritage significance and that same be investigated.

 

10/10/36      

Carried

 

ITEMS FOR NOTATION

 

 

ITEM - 1    INVESTMENTS & RATES SUMMARIES

 

Proceedings in Brief

In response to a question by Clr Bleakley in relation to investment at the CBA at a lower rate the Director of Finance & Corporate Services advised that that account is normally treated as a clearing account and the amount of money held is usually smaller – Council’s investment policy requiring that less than 25% be invested in any one institution.

 

 

ITEM - 3    ADDITIONAL INTEREST AND INVESTMENT EARNINGS 2009/2010

 

Proceedings in Brief

Clr Bleakley commented that Council had received an additional $800,000 which was unplanned and he noted it could be used for things such as the additional $30,000 needed as recurring funding for pools.  The General Manager commented that the intention was to place these funds into Economic Development Reserve and an Asset Renewal Reserve with a report to come to Council.

 

 

ITEM - 4    MOLONG CREEK CYCLEWAY

 

Proceedings in Brief

Clr Gosper advised Council that in addition to the $17,090 received from MAG 216 volunteer hours had been provided by MAG and other volunteers equalling $16,953, so in excess of $34,000 had been contributed by MAG for this project.

 

 

ITEM - 5    PECUNIARY AND NON-PECUNIARY CONFLICTS OF INTEREST

 

Proceedings in Brief

Clr Culverson advised that she had discussed the matter with the Director of Finance & Corporate Services during a break in the meeting.

 

 

ITEM - 7    PECUNIARY INTEREST RETURNS 2010

 

Proceedings in Brief

The General Manager tabled the available Pecuniary Interest Returns and when asked, the Administration Manager advised that Returns from Clrs Duffy and Durkin and Council’s Asset Manager remained outstanding.  It was noted that Clrs Duffy and Durkin provided their Returns on the day.

 

 

ITEM - 9    RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions

 

Proceedings in Brief

Clr Bleakley commented that the motion relating to the Escort Rock Rest Area, page 27 was in fact complete although there were no comments by staff. He further noted that on page 32 a motion required a report be submitted in relation to a tourism based tour of the Eastern Area which had not occurred but was marked as complete – the General Manager responded that a rescission motion was not required and that the upcoming works tour would also include some of the tourism aspects.

Clr Duffy noted that there were actions relating to recycling at the Eastern Area on pages 36 & 44 – the Director of Environmental Services responded that there was a further report in the Business Paper and that these requirements would be considered as a LGA wide matter and further that a workshop was to be held.

 

 

ITEM - 10 Budget Comparison for the Year from 1st July 2009 to 30th June2010

 

Proceedings in Brief

Clr Gosper wished his gratitude be conveyed to the Finance section staff for their report which he found easy to read and understand – a view shared by Clr Dowling.  The Director of Engineering & Technical Services commented that costs on grading and resheeting works would exceed $100,000 which would need to be retrieved from the reserves.  At this time it was decided that an Extraordinary meeting should be held to consider allocation of funding for road maintenance activities.

 

 

ITEM - 11 Review of Regional Local Water Utilities

 

Proceedings in Brief

In response to a question by Clr MacSmith, Clr Farr spoke in relation to the interaction between the Central Tablelands Water and the current Water Minister.

 

 

ITEM - 12 Molong Water Supply - Secure Yield Study

 

MOTION (Bleakley/Hyde)

 

THAT given the significance of the impact secure yield has on development in Molong, Council arrange for the consultant to present the results of the study to Council and comment.

10/10/37      

Carried

 

 

ITEM - 13 UPDATE ON PROVISION OF SUPPORT SERVICES TO COUNCIL'S WASTE MANAGEMENT UNIT

 

Proceedings in Brief

Clr MacSmith advised that his question had been answered in a previous comment by the Director of Environmental Services.

 

 

ITEM - 14 MOLONG TRANSFER STATION PROPOSAL

 

Proceedings in Brief

It was noted that due to concerns that discussion on this matter may include reference to the HUB Clr Gosper declared a pecuniary interest due to being a neighbour to the proposed HUB site and left the Chambers at 12:44pm.

In response to a question by Clr Bleakley as to why there was a need to wait for the Quadro Report before proceeding with a transfer station at Molong the General Manager advised that the Molong LEP review process had included identifying suitable land.  The Director of Environmental Services added that staff were attempting to identify land including reviewing Council’s existing assets.

It was noted the time being 12:48pm Clr Gosper rejoined the meeting.

 

 

ITEM - 19 DRAFT ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATIONS 2010

 

Proceedings in Brief

Clr Wilcox suggested a media release may be appropriate to advise the community of the impact of the proposed changes to the regulations.

 

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

It was noted at this time the Mayor noting he had previously not allowed an opportunity for Councillors to read out their appointments, and in apologising for same requested that Councillors do so now or table their reports to the minute taker.  Clr Gosper read out his activities.

Clr Dowling

  • Met with General Manager re briefing positions
  • Meeting with Directors and Senior Staff
  • Meeting re Molong & Canowindra Pool Tenders
  • CENTROC Water Security Study photo shoot
  • Met with CWD
  • Meeting with Canowindra Business owners
  • Attended opening of Eugowra Memorial Multipurpose Health Centre
  • Presented award on behalf of Cabonne at the 2010 Orange Wine Show
  • Attended Canowindra Railway Centenary and unveiled plaque
  • Committee meetings
  • Media Workshop
  • Welcomed Bluett Awards judges to Cabonne
  • Meeting with Cumnock residents re Four Town Sewerage Scheme
  • Conducted Citizenship Ceremony
  • Attended opening of Sculpture in the Gardens
  • Attended opening of library & hall St Josephs School Manildra
  • Attended soil turning ceremony at Care West Lodge
  • Attended opening of the SheArt Exhibition un Cumnock
  • Welcomed bike riders to Molong for the Zoo 2 Zoo ride
  • Attended launch of Cobb & Co re-enactment
  • Inspection of Cabonne Cudal Office and tour of Cudal businesses

Clr Dean

·        Tour of Cudal and Cudal office

·        Committee meetings

·        Media Workshop

·        Cudal Progress Meeting

·        Council Meeting

Clr Gosper

·        Council Meeting

·        Met with the Mayor and General Manager

·        Tour of Cudal and Cabonne Cudal office

·        Met with Cabonne staff, General Manager and Mayor

·        Meeting regarding Cabonne Swimming Pools

·        Met with several businesses in Canowindra and attended a street walk

·        Council extraordinary Meeting

·        Committee Meetings

·        Media Workshop

·        Attended CCTAC Inaugural Meeting

·        Attended Bluett Award Presentation

·        Attended the opening of the Broadband for Seniors

·        Attended Molong Advancement Group Meeting

·        Attended a meeting with the Mayor, General Manager and Directors

·        Attended the 1st Birthday celebrations of the Canowindra Food Basket

·        Attended the She Art Exhibition

·        Attended the welcome to the Zoo 2 Zoo Riders

·        Attended the launch of the Cobb & Co Celebrations

Clr Wilcox

·        Mullion Creek Progress Association Meeting

·        Committee Meetings

·        Extraordinary Meeting

·        Medial Workshop

·        Cabonne Country Tourism Board Meeting

Clr Durkin

·        Extraordinary pool meeting

·        Canowindra Show

·        Walking tour of Canowindra with Mayor and Deputy Mayor

·        Participated in centenary of Canowindra railway parade

·        Attended the unveiling of the ‘Canowindra’ sign at the old railway cottage

·        Attended  ‘Womindra’ musical festival at Taste Canowindra

·        Committee meetings

·        Meeting about turning the Canowindra rodeo ground into a nature reserve

·        Canowindra Food Basket 1st year luncheon

Clr Hyde

·        Eugowra Progress Association Meeting

·        Australia Day Committee Meeting

·        RTC Board Meeting

·        Daroo Awards and STDM Meeting

·        Attended the opening of the Eugowra Multi Purpose Unit

·        Heritage Meeting

·        Committee Meetings

·        EPPA Meeting

·        Attended the opening of the Broadband for Seniors

Clr Walker

·        Rail Centre Meeting

·        Age of Fishes Car Park

·        Canowindra Show

·        Meet and Greet in Canowindra

·        Railway Centre Celebrations

·        Molong and Canowindra pool Meeting

·        Committee Meetings

·        Medial Workshop

·        Age of Fishes

·        Hall Interest Launch

·        Attended the 1st Birthday celebrations of the Canowindra Food Basket

·        Council Meeting

Clr Culverson

·        Council Meeting

·        Daroo Consultative Meeting

·        Daroo Committee Meeting

·        Small Town Development Meeting

·        Attended the opening of the Eugowra Multi Purpose Unit

·        Committee Meetings

·        Extraordinary Meeting

·        Media Workshop

·        She Art Exhibition

 

MATTERS OF URGENCY

There were nil matters of urgency.

 

CONFIDENTIAL ITEMS

 

ITEM - 1    CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING

 

MOTION (Wilcox/Hyde)

 

THAT Council now hereby resolve into Closed Committee of the Whole for the purpose of discussing matters of a confidential nature relating to personnel or industrial matters, personal finances and matters the publicity of which Council considers would be prejudicial to the Council or the individuals concerned and that the press and public be excluded from the meeting in accordance with the conditions of Council’s Confidentiality Policy AND FURTHER that as reports to the Closed Committee of the Whole are likely to be confidential and their release prejudicial to the public interest and the provisions of Council’s confidentiality policy, that copies of these reports not be made available to the press and public.

 

10/10/38      

Carried

 

 

ITEM - 2    ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

 

Recommendation (Farr/Hyde)

 

THAT the Committee endorse the accuracy of the Report of the Proceedings of Confidential Matters at the Closed Committee of the Whole Meeting held on 20 September 2010 and the Extraordinary held 5 October 2010 and notes that the recommendations recorded in the Official Ordinary Minutes of that meeting are sufficient to state the general effect of the proceeding in Closed Committee.

 

1.

Carried

 

It was noted Item 3 was deferred to the end of the meeting.

 

It was noted that discussion on Item 4 commenced until 1pm at which time Council adjourned for lunch resuming at 1:50pm at which time Clr Durkin joined the meeting.

 

*

ITEM - 4    FLOOR DRAINAGE - MOLONG GELATO FACTORY

 

Recommendation (Farr/Duffy)

 

THAT Council:

 

1.    Note the procedures used to complete this project and that additional issues have not been caused because of them.

2.    Advice of the valuation of the property be forwarded to Mr Di Francesca.

3.    Council delegate authority to the Mayor and General Manager to resolve its position in relation to security for lease payments within 30 days in accordance with guidelines recorded in the Proceedings in Brief.

4.    Request  Mr Di Francesca to pay the balance of the outstanding debtor account associated with the original building and fit-out works within 30 days.

2.

Carried

 

 

ITEM - 5    NETWASTE TENDER 145/534/987/3 - TENDER FOR NETWASTE REGIONAL HOUSEHOLD CHEMICAL COLLECTION

 

Recommendation (Duffy/Wilcox)

 

THAT in relation to the report NetWaste Tender 145/534/987/3 – Tender for NetWaste Regional Household Chemical Collection:

 

1.    The Contract be awarded to Transpacific Industries Pty Ltd;

 

2.    Council will not be accepting Intractable Waste as part of the collection. Intractable Waste is “collected chemicals which cannot be treated and are required to be stored in a licensed storage facility.

 

3.    Council authorise the affixing of the common seal to the Formal Instrument of Agreement for NetWaste Regional Tender 145/534/987/3

 

3.

Carried

 

*

ITEM - 6    Request for Consideration of Sewer Charges - Account 9155.00000.4

 

Recommendation (Duffy/Walker)

 

THAT the owner of sewer account 9155.00000.4 be advised that no reduction will be made to the account as Council denies that it is responsible for breaking or repairing their water pipe, also the owners be offered three months extra time to complete payment of the account.

 

4.

Carried

 

Clr Bleakley requested his vote against the motion be recorded.

 

 

ITEM - 7    DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

 

Recommendation (Gosper/MacSmith)

 

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.

 

5.

Carried

 

It was noted, the time being 2:04pm Clr Durkin declared an actual pecuniary interest due to his wife being an intended tenderer for the Canowindra Pool management and left the Chambers.

 

*

ITEM - 8    Tender for Management of Molong and Canowindra Pools

 

Recommendation (Gosper/Wilcox)

THAT Council:

1.    Accept the tender for the management of the Molong pool for a three year period from B Stewart, Peabody Road Molong in the amount of $32,500 (excl GST) per annum with responsibilities as described in the report.

2.    Authorise affixing the Council Seal to the Contract for the management of the Molong Pool.

3.    Note quotations for the management of the Canowindra pool have been readvertised.

4.    Provide an additional $2,000 per annum to each of the five s355 pool committees.

5.    Fund the additional provision from its Reserves in the 2010/2011 year.

6.

Carried

 

It was noted, the time being 2:07pm Clr Durkin rejoined the meeting as did Clrs Walker and Duffy who had left the Chambers during the debate and were absent for the vote.

 

 

ITEM - 9    QUARRY COMMITTEE MEETING MINUTES

 

Recommendation (Gosper/Durkin)

 

THAT the report and recommendations of the Quarry Review Committee held on Tuesday 5th October 2010 be adopted.

 

7.

Carried

 

*

ITEM - 10 Engineering and Technical Services Review

 

Recommendation (Duffy/Gosper)

THAT Council note the report and authorise the General Manager to set a date for a workshop to consider the information and options contained in the report with Managers to attend, the workshop to include the Molong Quarry review; and be held ASAP.

8.

Carried

 

 

ITEM - 11 Molong Quarry Review Management and operation

 

Recommendation (Bleakley/Gosper)

 

THAT Council note a workshop relating to Molong Limestone Quarry will be held in conjunction with the Engineering & Technical Services workshop as resolved at Item 10.

 

9.

Carried

 

*

ITEM - 12 Molong Dam and Pipeline Brief

 

Recommendation (Walker/Durkin)

THAT Council request HydroScience to provide a proposal for investigation of options for secure water supply for Molong and the villages of Cumnock and Yeoval and for the options to include raising of the Molong Dam Wall and pipeline from Molong to Cumnock and Yeoval.

 

10.

Carried

 

 

ITEM - 13 ACQUISITION OF LAND FOR ROAD RESERVE PURPOSES ALONG BURGOON LANE.

 

Recommendation (Duffy/Bleakley)

THAT Council:

1.   Approve further discussion with Mr Green and the Land and Property Management Authority to determine land transfer and or acquisition requirements to establish a legal road reserve over the road formation and length of road required to be transferred from Crown to Public.

2.   Not permit further maintenance to be undertaken on the section of Crown Road unless a private works order has been issued.

11.

Carried

 

It was noted the time being 2:24pm Closed Item 3 was to be addressed and all staff excepting the General Manager were asked to leave the Chambers.

 

*

ITEM - 3    ANNUAL REVIEW - Director OF ENVIRONMENTAL SERVICES

 

Recommendation (Hyde/Wilcox)

 

THAT the information be noted.

 

12.

Carried

 

It was noted the time being 2:46pm the Chair resumed the Ordinary meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

Motion (Hyde/Wilcox)

 

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 18 October, 2010 be adopted.

10/10/39      

Carried

 

 

There being no further business, the meeting closed at 2:47pm.

 

 

 

 

CHAIRMAN.

 

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 15 November, 2010 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.