MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 20 December, 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 Questions For Next Meeting
ITEM - 7 BUSINESS PAPER ITEMS FOR NOTING
ITEM - 9 CONDUCT OF JANUARY 2011 COUNCIL MEETING
ITEM - 10 ONE ASSOCIATION - SPECIAL SHIRES ASSOCIATION ONE DAY CONFERENCE
ITEM - 11 COMMUNITY CONSULTATION MEETINGS
ITEM - 12 BUSINESS ENTERPRISE CENTRE CABONNE ORANGE BLAYNEY - TRADING NAME CHANGE
ITEM - 13 DLG DRAFT GUIDELINES FOR THE APPOINTMENT AND OVERSIGHT OF GENERAL MANAGERS
ITEM - 14 COMPLAINT UNDER COUNCIL'S CODE OF CONDUCT - CLR LACHIE MACSMITH
ITEM - 15 Policy Database - Tabled Reports
ITEM - 16 Delegations of Authority - Development Applications
ITEM - 17 Rural Fire Zone Service Agreement
ITEM - 18 MISUSE OF COUNCIL RESOURCES
ITEM - 19 Rescission Motion - MANILDRA, OFF ROAD PARKING AND TURNING FACILITY
ITEM - 20 Local Government Remuneration Tribunal - 2011 annual review - Councillors and mayors fees
ITEM - 28 CABONNE COUNTRYWIDE FESTIVAL
ITEM - 21 POLICY DATABASE - PROCUREMENT (Including Local Preference) POLICY
ITEM - 22 Access to Information Held by Council - Councillors' Access
ITEM - 23 AUSTRALIA DAY AWARDS COMMITTEE
ITEM - 24 Request for donation - Australia Day
ITEM - 25 COMMUNITY SERVICES COMMITTEE MEETING
ITEM - 26 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING
ITEM - 27 PROCEDURE MANUAL FOR PLANNING A PUBLIC EVENT IN CABONNE COUNTRY
ITEM - 29 2010 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS
ITEM - 30 WORKS COMMITTEE MEETING MINUTES
ITEM - 31 TRAFFIC COMMITTEE MINUTES
ITEM - 32 Acquisition of Part Lot 1 DP104525 for Road realignment on Edinboro Lane
ITEM - 34 Demolition of a Voluntary Purchase property by volunteers
ITEM - 35 Cumnock and Eugowra Swimming Pools
ITEM - 37 Request for donation to reimburse development application fees
ITEM - 39 NETWASTE CENTRAL SUBREGION ENVIRONMENTAL SUSTAINABILITY ACTION PLAN
ITEM - 41 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING
ITEM - 42 CONTINUATION OF FUNDING FOR ORANGE BLAYNEY AND CABONNE SUSTAINABLE COLLECTIONS PROJECT
ITEM - 43 Eugowra Flood - Flood modelling
ITEM - 3 QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT
ITEM - 15 Playgrounds and skate parks
ITEM 21 - DEVELOPMENT APPLICATION 2011/72 - RECREATION PARK FACILITY
ITEM - 1 CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING
ITEM - 3 CADIA EAST DEVELOPMENT APPROVAL
ITEM - 4 orange city council, euchareena road resource recovery centre – upgrade of euchareena road
ITEM - 5 QUARRY COMMITTEE MEETING MINUTES
ITEM - 6 LAND ACQUISITION - CUMNOCK SEWERAGE TREATMENT PLANT
ITEM - 7 CANOWINDRA CARAVAN PARK MANAGEMENT
ITEM - 8 ROAD ACCESS TO PRIVATE PROPERTY OFF FREEMANTLE ROAD
ITEM - 9 Tender for supply and installation of wire rope safety fencing
REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE
PRESENT Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, S Wilcox, I Gosper, A Durkin, D Hyde, K Walker, J Farr, J Culverson and K Duffy
Also present were the General Manager, Director of Finance & Corporate
Services, Director of Engineering & Technical Services, Director of
Environmental Services and Administration Manager.
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Proceedings in Brief There were nil applications for leave of absence. |
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Proceedings in Brief Clr Bleakley declared an interest in Item 37 due to being a returned Serviceman and member of the Molong RSL Sub Branch. Clr Culverson declared an interest in Item 21 due to her business being a service provider to Council and Item 33 as two of the applicants are clients of her business and a further two are family members. Clr Gosper declared an interest in Item 33 as one of the applicants is a business partner. Clr Durkin declared an interest in Item 7 of Closed due to having dealings with one of the applicants through his employment as a Police Officer and in Item 35 due to one of the appointees for Treasurer being a serving Police Officer. Clr Farr declared an interest in Item 19 due to his Daughter in Law and Brother in Law being employed at the Manildra Flour Mill. |
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THAT the declarations of interest be noted.
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10/12/03 |
Carried |
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Proceedings in Brief There were nil declarations of political donations. |
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Proceedings in Brief It was noted at the outset the Mayor commended the Director of Engineering & Technical Services and his staff on their works following the storm and flood damage. Clr Dowling
Clr Dean
Clr MacSmith
Clr Gosper
Clr Wilcox
Clr Hyde
Clr Walker
Clr Culverson
Clr Duffy
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THAT the information contained in the Mayoral Minute be noted.
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10/12/04 |
Carried |
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THAT the minutes of the Ordinary Meeting held on 15 November 2010 and the Extraordinary Meeting held on 6 December 2010 be adopted.
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10/12/05 |
Carried |
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Proceedings in Brief The Mayor reminded councillors and staff that questions asked can be answered directly if possible. |
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THAT the information be noted.
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10/12/06 |
Carried |
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Proceedings in Brief Clr Duffy called Items 1, 2, and 3; Clr Bleakley called Items 13, 14, 15 and 24; and the General Manager called Item 21. |
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THAT: 1. Council consider the items called. 2. The balance of the items be noted. |
10/12/07 |
Carried |
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THAT Council: 1. Note the minutes of the WBC Board meeting. 2. Receive a report on the acceptance of the IT tender at its February 2011 meeting. |
10/12/08 |
Carried |
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THAT: 1. Council not conduct an Ordinary meeting in January 2011 due to the restricted time frame available. 2. An Extraordinary meeting be conducted in January or on February Committee day if necessary. |
10/12/09 |
Carried |
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Motion (Farr/Culverson) THAT: 1. Council agree to commence the second round of Community Consultation Meetings for the current term; 2. Council’s timing for the meetings be 13 weeks sequentially (allowing for shorter days in Winter) and Council commence consultation with local Progress Associations and groups to arrange dates. 3. Council delegate authority to the Mayor and local Councillors to confirm dates and arrange an appropriate schedule. 4. Local Councillors advise the General Manager of local items that can also be included on the meeting Agendas. The Motion was put and Lost (Chair used casting vote) |
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THAT: 1. Council agree to commence the second round of Community Consultation Meetings for the current term; 2. Council’s timing for the meetings be in two halves in relative time and Council commence consultation with local Progress Associations and groups to arrange dates. 3. Council delegate authority to the Mayor and local Councillors to confirm dates and arrange an appropriate schedule. 4. Local Councillors advise the General Manager of local items that can also be included on the meeting Agendas. |
10/12/11 |
Carried |
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THAT Council continue with the policy that the deadline for all tabled documents be 5pm on Friday preceding the monthly meetings, and these late documents be emailed to all Councillors and relevant staff by this time.
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10/12/15 |
Carried |
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THAT Council affix its Common Seal to the Rural Fire Zone Service Agreement for the Canobolas Zone.
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10/12/17 |
Carried |
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THAT Councillors ensure they make themselves familiar with their obligations with respect to the proper use of Council resources.
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10/12/18 |
Carried |
It was noted, the time being 10:26am Clr MacSmith declared a conflict of interest in the following item due to his cousins owning the Mill and left the Chambers.
It was noted, the time being 10:26am Clr Farr declared a pecuniary interest in the following item due to his Brother in Law and Daughter in Law working for Manildra Flour Mill and left the Chambers.
It was noted, the time being 10:28am Clrs MacSmith and Farr rejoined the meeting.
It was noted the time being 10:30am presentations were made to the Sally MacKay Youth of the Month for October and to Callum Eccleston Youth of the Month for November.
It was noted the time being 10:38am Council adjourned for morning tea resuming at 10:58am noting the temporary absence of Clrs Dowling and MacSmith. Clr Gosper assumed the Chair
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ITEM - 20 Local Government Remuneration Tribunal - 2011 annual review - Councillors and mayors fees |
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THAT the information be noted.
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10/12/21 |
Carried |
It was noted the time being 11:02am Clrs Dowling and MacSmith having rejoined the meeting, Clr Dowling resumed the Chair and Item 28 was addressed next.
At this time Council was addressed by Mr Alf Cantrell who tabled a letter of support from the Chairperson of the Cabonne Country Tourism Advisory Committee.
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Proceedings in Brief In determining to support the event it was decided to fund same from two financial year’s allocations. |
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THAT Council: 1. Support the proposed festival. 2. Subject to the submission of an Event Assistance Program Application and subject to a major sponsor being secured to allow the event to proceed delegate authority to the General Manager and Mayor to determine funding up to a level of $2,500. |
10/12/22 |
Carried |
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THAT the Event Assistance Program be referred to the Economic Development & Tourism Committee for review.
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10/12/23 |
Carried |
It was noted Item 21 was addressed next. It was noted the time being 11:27am Clr Culverson declared a pecuniary interest due to being a service provide to Council and left the Chambers.
It was noted the time being 11:29am Clr Culverson rejoined the meeting.
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THAT: 1. Clrs Dowling, Dean, Bleakley, MacSmith, Gosper, Wilcox, Durkin, Hyde, Walker, Farr, Culverson and Duffy and the General Manager be appointed to the Australia Day Awards Committee. 2. Subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Australia Day Awards Committee be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows: a) Assess and determine nominations for Citizen, Young Citizen and Community Group of the Year. b) In the absence of Community nominations for a particular locality or category, individual councillors may nominate suitable candidates for same allowing assessment and determination by the Committee. c) Assess and determine the Cabonne Youth Ambassador of the Year.
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10/12/26 |
Carried |
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THAT: 1. Due to extensive existing support for Australia Day Activities by Council this additional request not be funded. 2. A letter of commendation be sent to the Molong Advancement Group on their efforts to involve the youth in its Australia day activities. |
10/12/27 |
Carried |
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THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 6 December 2010 be adopted.
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10/12/28 |
Carried |
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THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 6 December 2010 be adopted. |
10/12/29 |
Carried |
It was noted Item 28 having been dealt with earlier that Item 29 was addressed next.
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THAT Council supports the actions taken by the ALGA and further to raise the report into funding of local roads with the local Federal Member, John Cobb MP.
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10/12/31 |
Carried |
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Proceedings in Brief After some discussion relating to Item 5 of the Works Committee report and noting comments by the Director of Engineering & Technical Services that he has insufficient resources to achieve the plan in 3 years and to do so may require the engagement of contractors/consultants the motion was amended as follows. |
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MOTION (Gosper/Walker)
THAT the report and recommendations of the Works Committee held on Monday 6th December 2010 of Cabonne Council be adopted.
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Amendment (Culverson/Bleakley)
THAT the report and recommendations of the Works Committee held on Monday 6th December 2010 of Cabonne Council be adopted except the Item 5 recommendation relating to Shades for Council’s Playgrounds to be replaced with the resolution as follows: 1. Consider the provision of shade structures over play equipment in the 2011/12 budget submissions and that the provision of these structures should be implemented over a maximum 3 year rolling program. 2. Look at funding opportunities from the NSW Cancer Council and further afield. |
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The Amendment was put and carried becoming the Motion. The Motion was put and carried. |
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THAT the report and recommendations of the Works Committee held on Monday 6th December 2010 of Cabonne Council be adopted except the Item 5 recommendation relating to Shades for Council’s Playground’s to be replaced with the resolution as follows: 1. Consider the provision of shade structures over play equipment in the 2011/12 budget submissions and that the provision of these structures should be implemented over a maximum 3 year rolling program. 2. Look at funding opportunities from the NSW Cancer Council and further afield. |
10/12/32 |
Carried |
It was noted, the time being 11:45am Clr Farr declared a pecuniary interest in the following Item, specifically Item 5(c) of the November 2010 Traffic Committee minutes due to his Brother in Law and Daughter in Law working at the Manildra Flour Mill and left the Chambers.
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THAT: 1. The report of the Traffic Committee meetings held on the 20th October 2010 and the 24th November 2010 be noted. 2. Council grant access to all local and regional roads to 4.6m RAV and provide information to the RTA for gazettal. |
10/12/33 |
Carried |
It was noted, the time being 11:47am Clr Farr rejoined the meeting.
It was noted, the time being 11:49am Clr Gosper declared a significant non pecuniary interest in the following item due to the fourth road closure listed involving a business partner and left the Chambers.
It was noted the time being 11:49am Clr Culverson also declared a pecuniary interest in the following item due to 2 of the roads involving clients of her business and a further 2 involving family members (one an Uncle of her husband, the other a Cousin) and left the Chambers.
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THAT subject to not providing access to water, public reserves or Travelling Stock Route: 1. The information be noted for items 1-11 as there are no issues 2. As items 12 & 13 will cause legal access issues to two properties, Council oppose their closure. |
10/12/35 |
Carried |
It was noted the time being 11:50am Clrs Gosper and Culverson rejoined the meeting.
It was noted, the time being 11:56am Clr Durkin declared a perceived conflict of interest being a significant non pecuniary interest in the following item due to the proposed Treasurer for the Cumnock Swimming Pool being a serving Police Officer (as is Clr Durkin) and left the Chambers.
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THAT Council approve the new Cumnock and Eugowra Swimming Pool office bearers as listed in the body of the report.
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10/12/37 |
Carried |
It was noted, the time being 11:57am Clr Durkin rejoined the meeting.
It was noted, the time being 11:57am Clr Bleakley declared an actual conflict of interest in the following item due to being a returned Serviceman and member of the Molong RSL Sub Branch and left the Chambers.
It was noted, the time being 11:58am Clr Bleakley rejoined the meeting.
It was noted, the time being 11:59am Clr Culverson left the Chambers.
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ITEM - 39 NETWASTE CENTRAL SUBREGION ENVIRONMENTAL SUSTAINABILITY ACTION PLAN |
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THAT Council agree to the Regional Sustainability Action Plan being placed on public exhibition.
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10/12/41 |
Carried |
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THAT Council approve the modelling of the December 2010 Eugowra flood to be funded from the Flood mitigation reserve in the amount of $17,700
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10/12/45 |
Carried
Clr Farr requested his vote against the Motion be recorded.
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ITEM - 3 QUARTERLY REPORT ON COMPLAINTS RECEIVED UNDER COUNCIL'S CODE OF CONDUCT |
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In answer to a question from Clr Duffy the Mayor indicated that he was in the car with Clr MacSmith.
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THAT Council write to the organisations responsible for the 6 non Council sites with play equipment and encourage that shade structures be placed over the play equipment.
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10/12/46 |
Carried |
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ITEM 21 - DEVELOPMENT APPLICATION 2011/72 - RECREATION PARK FACILITY |
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THAT the submission period be extended til the end of January 2011.
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10/12/47 |
Carried |
There were nil matters of urgency.
It was noted, the time being 12:34pm Clr Duffy declared a pecuniary interest in the following item due to his Son being employed at the Mine and left the Chambers.
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THAT the information be noted.
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2. |
Carried |
It was noted, the time being 12:37pm Clr Duffy rejoined the meeting.
It was noted, the time being 12:37pm Clr Gosper declared a pecuniary interest in the following item as he lives on Euchareena Rd and the upgrade works could impact on his property value and left the Chambers.
It was noted, the time being 12:45pm Clr Gosper rejoined the meeting.
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THAT the report and recommendations of the Quarry Review Committee held on Monday 6th December 2010 be adopted.
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4. |
Carried |
It was noted, the time being 12:52pm Clr Durkin declared a non significant non pecuniary interest in the following item due to having had dealings with one of the applicants in his capacity as a Police Officer and after reading a statement as follows left the Chambers:
“I am not the defendant nor am I named in any court order or AVO and I take it as a personal attack and outright misconceived inept slander towards my character that any person should attend the home of Mrs Haywood and enquire with her as to her opinion of me as a Police Officer or Councillor.”
It was noted, the time being 12:54pm Clr Walker declared a non significant non pecuniary interest due to having being listed as a referee for one of the applicants without his knowledge and left the Chambers.
It was noted, the time being 12:57pm Clrs Durkin and Walker rejoined the meeting.
It was noted the time being 1:13pm 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 20 December, 2010 be adopted.
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10/12/49 |
Carried |
There being no further business, the meeting closed at 1:14pm.
CHAIRMAN.
Chairman of the Ordinary Meeting of Cabonne Council held on the 21 February, 2011 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.