MINUTES OF THE Ordinary Council Meeting HELD AT THE COUNCIL CHAMBERS MOLONG ON Monday 21 February, 2011 COMMENCING AT 09:30am

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 - 35  MAYORAL MINUTE - APRIL COMMITTEE MEETINGS CANOWINDRA   1

ITEM - 4     MAYORAL MINUTE - APPOINTMENTS.. 2

ITEM - 5     CONFIRMATION OF THE MINUTES.. 4

ITEM - 6     BUSINESS PAPER ITEMS FOR NOTING.. 5

ITEM - 7     Questions For Next Meeting.. 5

ITEM - 8     2011 NATIONAL GENERAL ASSEMBLY.. 5

ITEM - 9     RURAL FIRE SERVICES NSW - LOCAL GOVERNMENT ALLOCATIONS 2010/2011. 6

ITEM - 10  REGIONAL TOWNS WATER QUALITY AND SECURITY REVIEW... 6

ITEM - 11  EMERGENCY SERVICES COMMITTEE.. 6

ITEM - 12  Recording of Council Meetings.. 6

ITEM - 13  2010/2011 Management Plan - Second Quarterly Review to 31 December.. 7

ITEM - 14  POLICY DATABASE - PROCUREMENT (Including Local Preference) POLICY.. 7

ITEM - 15  Policy database - Cabonne Libraries Internet Usage Policy   7

Additional Item - Molong Cemetery.. 8

ITEM - 16  Code of Meeting Practice Policy.. 8

ITEM - 17  Request for Assistance with Legal Costs - Ballina Shire Council.. 8

ITEM - 18  ANZAC Day.. 8

ITEM - 19  ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING   9

ITEM - 20  COMMUNITY SERVICES COMMITTEE MEETING.. 9

ITEM - 22  Quarterly Budget Report for the period 01/10/2010 to 31/12/2010  9

ITEM - 23  Molong Flood Study.. 9

ITEM - 25  Village Green, Community Survey.. 10

ITEM - 26  WORKS COMMITTEE MEETING MINUTES.. 10

ITEM - 27  Camping at Memorial Park, Eugowra.. 10

ITEM - 28  Bank Street streetscaping in Molong.. 11

ITEM - 29  REQUEST FOR WAIVER OF FEES.. 11

ITEM - 30  MODIFICATION OF DEVELOPMENT APPLICATION 2008/163 THIRTEEN LOT SUBDIVISION OF LOT 29 DP 1112219 TILGA STREET, CANOWINDRA   11

ITEM - 31  REQUEST UNDER S82A OF THE ENVIRONMENTAL PLANNING AND ASSESMENT ACT TO REVIEW THE DETERMINATION FOR DA 2010/177 PROPOSED ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING – LOT 100 DP 1145134, FOUR MILE CREEK ROAD, CADIA.. 12

ITEM - 32  DEVELOPMENT CONTROL PLAN 16 – INTERIM GUIDELINES FOR THE DEVELOPMENT OF FLOOD PRONE LAND IN EUGOWRA.. 12

ITEM - 33  GOLD AND COPPER RESOURCES - PROPOSED LARGE SCALE GEOPHYSICAL SURVEY.. 13

ITEM - 34  ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING   13

ITEM - 21  Cumnock Progress Association request for Guarantor for Solar Panel Project.. 13

ITEMS FOR NOTATION.. 14

ITEM - 11  Off Street truck parking - Kiewa Street Manildra.. 14

MATTERS OF URGENCY.. 14

CONFIDENTIAL ITEMS.. 14

ITEM - 1     CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING.. 14

ITEM - 2     ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING.. 15

ITEM - 3     MAYORAL MINUTE - GENERAL MANAGER'S PERFORMANCE REVIEW AND CONTRACT MATTERS.. 15

ITEM - 11  Mayoral Minute - Contract Matters.. 15

ITEM - 4     Manildra Library.. 15

ITEM - 5     DEBT RECOVERY OF OUTSTANDING RATES - ASSESSMENTS 4646.00000.2 AND 3895.42000.2. 16

ITEM - 6     Long Point Road - Orange City Council Pipeline.. 16

ITEM - 24  Orange Drought Relief Connection - investigation report January 2011. 16

ITEM - 7     AFTER HOURS CALL OUT PROCEDURES.. 17

ITEM - 8     Eugowra voluntary purchase of flood affected houses   17

ITEM - 9     Quote to manage the Canowindra Caravan Park.. 17

ITEM - 10  SALE OF LOT 3 MOLONG HEIGHTS ESTATE.. 17

ITEM - 12  SALE OF LOT 2 MOLONG HEIGHTS ESTATE.. 18

ITEM - 7     Questions For Next Meeting.. 18

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE.. 18

 


 

 

PRESENT         Clr R Dowling (in the Chair), Clrs G Dean, N Bleakley, L MacSmith, I Gosper, S Wilcox, A Durkin, 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.

 

 

ITEMS FOR DETERMINATION

 

ITEM - 1    APPLICATIONS FOR LEAVE OF ABSENCE

 

Proceedings in Brief

An apology was tendered on behalf of Clr D Hyde for his unavoidable absence from the meeting. 

 

MOTION (Gosper/Durkin)

 

THAT the apology tendered by Clr D Hyde be accepted and the necessary leave of absence be granted.

 

11/02/01

Carried

 

 

ITEM - 2    DECLARATIONS OF INTEREST

 

Proceedings in Brief

Clr Culverson declared an interest (identified as an actual pecuniary interest) in Item 14 due to her business being a service provider to Cabonne Council and Item 31 (identified as an actual pecuniary interest) due to an objector of the Development Application having contacted her to discuss his objection along with discussing engaging the services of her business.

Clr Dowling declared an interest in Item 10 (being a pecuniary interest identified as a general disclosure) due to his spouse being employed by the Real Estate Agency involved.

The General Manager declared an interest in Item 3 of Closed due to it involving matters between himself and the Council.

 

 

ITEM - 3    DECLARATIONS OF POLITICAL DONATIONS

 

Proceedings in Brief

There were nil declarations of political donations.

It was noted Item 35 was addressed next.

 

ITEM - 35 MAYORAL MINUTE - APRIL COMMITTEE MEETINGS CANOWINDRA

 

MOTION (Durkin/Gosper)

 

THAT Council transfers the conduct of its April Committee meetings to Canowindra to incorporate a local inspection and presentations by interested Canowindra groups.

 

11/02/02

Carried

 

 

ITEM - 4    MAYORAL MINUTE - APPOINTMENTS

 

Proceedings in Brief

Clr Dowling

  • Attended Australian Stock Horse Association Youth Camp Cumnock
  • Council Extraordinary meeting
  • Meeting re proposed air routes to Newcastle/Melbourne and Brisbane
  • Regional development workshop
  • Australia Day – Mullion Creek, Cargo, Canowindra and Manildra
  • Council Committee Meetings
  • Village Green shade structure meeting
  • Meeting regarding Pinecliff roads area
  • Eugowra Flood Plain Committee Meeting
  • Eugowra Flood Plain Community Meeting
  • Meeting re East Guyong Basalt Quarry
  • Natural Disaster Funding road priorities meeting
  • E-Division Conference
  • Attended funeral of former Cabonne SES Controller
  • Council Meeting

 

Clr Dean

  • Flood inspections at Eugowra
  • Flood damage inspections at Canowindra
  • Cudal Progress Meeting
  • Emergency Services special meeting Molong
  • Australia Day celebrations Cudal
  • Council Committee meetings
  • Council Workshop
  • Eugowra Floodplain Meeting
  • Consultative Meeting Molong
  • Orange Cabonne Road Safety Meeting
  • Council Meeting

 

Clr Gosper

  • Cabonne Council outdoor staff Christmas party
  • Flood inspections Molong
  • Cabonne area Flood damage inspection
  • Council Extraordinary Meeting
  • Cabonne Australia Day celebrations – Cumnock, Molong & Yeoval
  • Meeting with the Mayor
  • Council Committee meetings and workshop
  • Cabonne Road inspections
  • Molong Village Green Meeting
  • Eugowra Floodplain public meeting
  • Canobolas Zone Rural Fire Service Liaison Committee meeting
  • Meeting re East Guyong Basalt Quarry
  • Meeting re Flood Damage claim
  • E-Division Conference Cowra

 

Clr Wilcox

  • Cabonne Flood Damage tour
  • Council Extraordinary meeting
  • Australia Day Mullion Creek
  • Council Committee meetings
  • Floodplain workshop
  • CCTAC meeting
  • Arts Out West meeting
  • CTAC meeting Cudal
  • Cumnock Progress Association meeting
  • Council meeting

 

Clr Hyde

  • Australia Day Committee meeting
  • Australia Day events Eugowra
  • Eugowra Progress Association meeting
  • Heritage meeting
  • Lachlan Regional Transport Committee meeting Mudgee
  • Council Committee meetings
  • Flood Advisory Committee meeting
  • Eugowra Flood Workshop
  • Eugowra Flood Plain Study Community Meeting
  • Daroo Meeting
  • E Division Conference
  • HACC Meeting
  • Self Care Units Committee meeting
  • Meeting re Rural transaction Centre
  • Met with Eugowra Residents living in flood plain area

 

Clr Walker

  • Council Extraordinary Meeting
  • Australia Day – Cargo and Canowindra
  • Council Committee meetings
  • Met with the Sports Trust re funding
  • River Bank Gallery
  • Caravan Park Canowindra
  • Council meeting

 

Clr Duffy

  • Council Meeting
  • Daroo Meeting
  • Local Emergency Management Committee Meeting
  • Council Extraordinary Meeting
  • Australia Day – Mullion Creek, Cargo, Eugowra and Yeoval
  • Council Committee Meetings
  • Eugowra Flood Workshop
  • Eugowra Flood Plain Study Community Meeting
  • Daroo Meeting
  • Meeting re East Guyong Basalt Quarry
  • E-Division Conference
  • CTW Meeting

 

Clr Culverson

  • Council meeting
  • Storm Damage Inspections
  • Mullion Creek & District Progress Association meeting
  • Daroo meeting
  • Local emergency Management Committee meeting
  • Cabonne Libraries Tour
  • Council Extraordinary meeting
  • Australia Day Celebrations – Mullion Creek, Cargo, Eugowra & Yeoval
  • Council Committee meetings and Floodplain workshop
  • Mullion Creek & District Progress Association Australia Day Debrief
  • Eugowra Community meeting re Flood Plan
  • Daroo Meeting
  • Meeting re East Guyong Basalt Quarry approval
  • E-Division Meeting

 

MOTION (Durkin/Gosper)

 

THAT the information contained in the Mayoral Minute be noted.

 

11/02/03

Carried

 

 

 

ITEM - 5    CONFIRMATION OF THE MINUTES

 

MOTION (Duffy/-)

 

THAT Council support the formation of One Association to represent Local Government.

The motion lapsed for want of a Seconder.

 

 

MOTION (Farr/Wilcox)

 

THAT the minutes of the Ordinary Meeting held on 20 December 2010 and the Extraordinary Meeting held on 17 January 2011 be adopted noting that the minutes of 20 December 2010 at Item 28 should indicate that Clr Duffy declared an interest (identified as being a perceived conflict of a non significant non pecuniary nature) due to being the President of the Borenore Social Club which holds the lease on the Borenore Railway Station and left the Chambers at 11.03am prior to consideration on the Item and returned to the meeting at 11.25am

 

11/02/04

Carried

 

 

ITEM - 6    BUSINESS PAPER ITEMS FOR NOTING

 

Proceedings in Brief

Clr Bleakley called Items 3, 11, 12, 13 & 21; Clr Duffy called Items 1, 9, 12, 21 & 11; Clr Farr called Item 11; Clr Gosper called Items 11 & 21; and Clr MacSmith called Item 3.

 

MOTION (Wilcox/Gosper)

 

THAT:

1.     Council consider the items called.

2.     The balance of the items be noted.

11/02/05

Carried

 

 

ITEM - 7    Questions For Next Meeting

 

Proceedings in Brief

Clr Duffy indicated that he had a matter he would raise in Closed.

 

MOTION (Wilcox/Dean)

 

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

1.    Clr Wilcox requested an update in relation to the disaster funding;

2.    Clr Culverson requested an update on negotiations relating to a block of land at Clergate.

11/02/06

Carried

 

 

ITEM - 8    2011 NATIONAL GENERAL ASSEMBLY

 

MOTION (Duffy/Culverson)

 

THAT Council consider any matters for motions which reside within one of the three themes to be submitted for consideration at the 2011 National General Assembly.

 

11/02/07

Carried

 

 

ITEM - 9    RURAL FIRE SERVICES NSW - LOCAL GOVERNMENT ALLOCATIONS 2010/2011

 

MOTION (Gosper/Wilcox)

 

THAT:

 

1.   The Rural Fire Service be advised that Council’s contribution for 2010/2011 is $152,031 as previously advised.

2.   Council defer the contribution to construction of one bushfire shed until the 2011/2012 financial year.

3.   A further report be presented to Council on the matter of RFS contributions when additional information is to hand.

11/02/08

Carried

 

 

ITEM - 10 REGIONAL TOWNS WATER QUALITY AND SECURITY REVIEW

 

MOTION (Farr/Wilcox)

 

THAT Council:

 

1.       Receive a further report on the Regional Towns Water Quality and Security Review at its March meeting.

2.       Participate in any forums coordinated by local government to discuss the issue.

3.       Oppose the State Owned Corporate model advocated by AECOM.

11/02/09

 

Carried

 

Clr Duffy requested his vote against the motion be recorded.

 

 

ITEM - 11 EMERGENCY SERVICES COMMITTEE

 

MOTION (MacSmith/Wilcox)

 

THAT Council no longer maintain an Emergency Services Committee.

 

11/02/10      

Carried

 

 

ITEM - 12 Recording of Council Meetings

 

MOTION (Farr/Bleakley)

 

THAT the information be noted.

 

11/02/11      

Carried

 

 

ITEM - 13 2010/2011 Management Plan - Second Quarterly Review to 31 December

 

MOTION (Bleakley/Gosper)

 

THAT this matter be adjourned to the March Council meeting and that a meeting be held including the Mayor, Deputy Mayor, Clr Bleakley and the General Manager prior to that meeting.

 

11/02/12      

Carried

 

It was noted, the time being 10:18am Clr Culverson declared an interest (identified as a pecuniary interest) in the following item due to her business being a service provider to Council and left the Chambers.

 

 

ITEM - 14 POLICY DATABASE - PROCUREMENT (Including Local Preference) POLICY

 

Proceedings in Brief

The motion was moved by Clr Durkin seconded by Clr Wilcox as per the recommendation.  Clr Bleakley proposed that the annexed draft policy be adopted with changes including the provision for a 5% buffer to support local industry noting additional changes would be required within the policy document consistent with inclusion of the buffer.  Clrs Durkin and Wilcox agreed to amend the original Motion.

 

MOTION (Durkin/Wilcox)

 

THAT Council adopt the annexed draft Procurement (including local preference) Policy with an inclusion of a 5% local preference provision.

11/02/13      

Carried

 

It was noted, the time being 10:24am Clr Culverson rejoined the meeting.

 

 

ITEM - 15 Policy database - Cabonne Libraries Internet Usage Policy

 

MOTION (Bleakley/MacSmith)

 

THAT Council adopt a policy including prescribing a fee for ‘interactive’ use of library computers with said fee to be equivalent to the use of email or equal to that charged by a local Internet Café business, if applicable.

 

11/02/14      

Carried

 

It was noted the time being 10:25am a presentation was made to the Volunteer of the Month for February, Melanie Townsend followed by a presentation to the Youth of the Month for February, Jasper Ford.

It was noted the time being 10:35am a presentation of Outstanding Service Award was made to Roger Dunn after which Council adjourned for morning tea at which time the 2011 Daroo Award launch was held.

It was noted the time being 11:07am Council resumed its meeting at which time Eileen Ford addressed Council in relation to the Molong Cemetery.

 

 

Additional Item - Molong Cemetery

 

MOTION (Duffy/Bleakley)

 

THAT Council receive a report to the March Council meeting relating to the Molong Cemetery to address:

1.    Where the $20,000 previously allocated to cemeteries had been expended.

2.    Issues related to garbage bins, gazebo, water tank, drainage control, trees, landscaping, rabbits and rabbit holes at all cemeteries and subsequent funding.

11/02/15      

Carried

 

 

ITEM - 16 Code of Meeting Practice Policy

 

MOTION (Durkin/Wilcox)

 

THAT the Code of Meeting Practice Policy be updated with a reference to the prescribed Form to be used to request the calling of an Extraordinary meeting.

 

11/02/16      

Carried

 

 

ITEM - 17 Request for Assistance with Legal Costs - Ballina Shire Council

 

MOTION (Farr/Durkin)

 

THAT Council contribute $434.03 towards assistance with legal costs incurred in relation to Ballina Shire Council.

11/02/17      

Carried

 

 

ITEM - 18 ANZAC Day

 

Proceedings in Brief

It was noted Clr Duffy requested a copy of the letter referred to in the report.

 

 

MOTION (Farr/Bleakley)

 

THAT:

1.     Advise all police officers in the towns and villages which are to conduct ANZAC Day marches that Council offers no objection to the temporary closure of the streets involved, subject to compliance with local police regulations.

2.     Appoint Clr Janelle Culverson to attend the civic commemoration service in Orange on ANZAC Day 2011 and if she is unavailable Clr Wilcox is to attend as the alternate delegate.

11/02/18      

Carried

 

 

ITEM - 19 ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

 

MOTION (Farr/Gosper)

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7 February 2011 be adopted.

11/02/19      

Carried

 

 

ITEM - 20 COMMUNITY SERVICES COMMITTEE MEETING

 

MOTION (Farr/MacSmith)

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 7 February 2011 be adopted.

 

11/02/20      

Carried

 

It was noted that as Rhonda Watt from the Cumnock Progress Association was scheduled to address Council on Item 21 later in the day the matter was deferred.

 

 

ITEM - 22 Quarterly Budget Report for the period 01/10/2010 to 31/12/2010

 

MOTION (Duffy/Farr)

 

THAT:

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

2.    Council receive a report in relation to water usage.

3.    Council receive a report in relation to whether mowing costs were increased in the original budget.

11/02/21      

Carried

 

 

ITEM - 23 Molong Flood Study

 

MOTION (Durkin/Wilcox)

 

THAT:

1.    Council approve the additional work to complete the overland flow modelling of Molong to be funded, initially by $15,000 from Molong Floodplain Mitigation budget item and balance $14,995 from the Floodplain Mitigation reserve, with works to be completed within 60 days.

2.     Council write to the relevant State Government bodies requesting that they contribute half of the costs.

11/02/22      

Carried

 

It was noted at this time Clr Culverson requested that Item 24 be considered in Closed claiming that the matter related to an individual property owner.

It was noted, the time being 11:47am Clr Bleakley declared an interest in the following item due to being a member of the Molong RSL Sub Branch and left the Chambers.

 

 

ITEM - 25 Village Green, Community Survey

 

MOTION (Gosper/Wilcox)

 

THAT Council:

1.    Relocate the shade structure to the south/western corner of the Village Green.

2.    Arrange for an amended DA and seek Council’s Heritage Advisor to provide comment.

11/02/23      

Carried

 

It was noted, the time being 11:52am Clr Bleakley rejoined the meeting.

 

 

ITEM - 26 WORKS COMMITTEE MEETING MINUTES

 

MOTION (Farr/Gosper)

 

THAT the report and recommendations of the Works Committee held on Monday 7th February 2011 of Cabonne Council be adopted noting that the report should indicate that Clr Gosper was in the Chair not Clr Bleakley.

 

11/02/24      

Carried

 

 

ITEM - 27 Camping at Memorial Park, Eugowra

 

MOTION (Dean/Bleakley)

 

THAT Council approval is given for a gathering of the Golden West Wanderers club at Memorial Park in Eugowra for the 1st to the 4th of April 2011.

 

11/02/25      

Carried

 

 

ITEM - 28 Bank Street streetscaping in Molong

 

MOTION (Gosper/Bleakley)

 

THAT the Mayor and local Councillors conduct interviews of the Molong businesses and community in regard to the retention or removal of the planter boxes and the street trees before making any further decisions on these matters.

 

AMENDMENT (Duffy/-)

 

THAT Council conduct a survey of the Molong community in regard to the retention or removal of the planter boxes and the street trees before making any further decisions on these matters.

 

The Amendment lapsed for want of a Seconder.  The Motion was put and Carried.

 

 

MOTION (Gosper/Bleakley)

 

THAT the Mayor and local Councillors conduct interviews of the Molong businesses and community in regard to the retention or removal of the planter boxes and the street trees before making any further decisions on these matters.

 

11/02/26      

Carried

 

 

ITEM - 29 REQUEST FOR WAIVER OF FEES

 

MOTION (Bleakley/Walker)

 

THAT Council support the request and that credit to the value of $600 be issued against the invoices relating to removal of rubbish from the Canowindra Showground being a one-off due to special circumstances.

 

11/02/27      

Carried

 

 

ITEM - 30 MODIFICATION OF DEVELOPMENT APPLICATION 2008/163
THIRTEEN LOT SUBDIVISION OF LOT 29 DP 1112219 TILGA STREET, CANOWINDRA

 

MOTION (Duffy/Culverson)

 

THAT a further report be provided to Council upon receipt of additional information to be supplied by the proponent.

 

11/02/28      

Carried

 

It was noted, the time being 12:05pm Clr Culverson declared a pecuniary interest in the following Item due to due to an objector of the Development Application having contacted her to discuss his objection along with discussing engaging the services of her business and left the Chambers.

 

 

ITEM - 31 REQUEST UNDER S82A OF THE ENVIRONMENTAL PLANNING AND ASSESMENT ACT TO REVIEW THE DETERMINATION FOR DA 2010/177
PROPOSED ANIMAL BOARDING AND TRAINING ESTABLISHMENT AND ANCILLARY DWELLING – LOT 100 DP 1145134, FOUR MILE CREEK ROAD, CADIA

 

MOTION (Farr/Wilcox)

 

THAT

1.    Council review the determination of DA 2010/ 177, taking into account the amended plans and additional support documentation submitted by the applicant.

2.    The development be staged as follows:

a)    Part stables complex.

b)    Stables complex finished.

c)    Ancillary dwelling.

3.    Environmental Services prepare an amended “Notice of Approval” incorporating appropriate conditions of consent, including conditions addressing a dwelling and submit to the March Council meeting.

11/02/29      

Carried

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the Motion as follows (noting the absence of Clr Culverson– temporarily absent and Clr Hyde - apology):

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

Against: Nil.

 

It was noted, the time being 12:12am Clr Culverson rejoined the meeting.

 

 

ITEM - 32 DEVELOPMENT CONTROL PLAN 16 – INTERIM GUIDELINES FOR THE DEVELOPMENT OF FLOOD PRONE LAND IN EUGOWRA

 

MOTION (Bleakley/Durkin)

 

THAT Council:

 

1.   Amend Development Control Plan 16 – Interim guidelines for the development of flood prone land in Eugowra, to facilitate the continuation of that plan.

2.   Prepare the amended Development Control Plan in accordance with s74 of the Environmental Planning and Assessment Act 1979, and

3.   Publicly exhibit the amended plan in accordance with the relevant legislation.

11/02/30      

Carried

 

The Chair called for a Division of Council as required under Section 375A (3) of the Local Government Act which resulted in a vote for the Motion as follows (noting the absence of Clr Hyde - apology):

For: Clrs Dowling, Dean, Bleakley, MacSmith, Wilcox, Gosper, Durkin, Walker, Farr, Culverson and Duffy.

Against: Nil.

 

 

ITEM - 33 GOLD AND COPPER RESOURCES - PROPOSED LARGE SCALE GEOPHYSICAL SURVEY

 

MOTION (Farr/MacSmith)

 

THAT Council delegate authority to the General Manager to sign the Land access agreement subject to the conditions detailed in the report.

 

11/02/31      

Carried

 

 

ITEM - 34 ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

 

MOTION (Farr/MacSmith)

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 7 February 2011 be adopted and carried Motions be noted.

 

11/02/32      

Carried

 

It was noted the time being 12:15pm Rhonda Watt addressed Council in relation to the following item.

 

 

ITEM - 21 Cumnock Progress Association request for Guarantor for Solar Panel Project

 

Proceedings in Brief

During the presentation it was noted that a 5kw system was to now be purchased and the loan required to now be $20,000.

 

MOTION (Dowling/Gosper)

 

THAT Council:

1.    Be guarantor on a $20,000 loan for Cumnock Progress Association and that they be advised of the outcome as soon as possible.

2.    Agree to solar panels being erected on the roof of the Cross Roads building.

3.    Agree to sign the Guarantor Agreement under Seal of Council.

 

11/02/33      

Carried

 

ITEMS FOR NOTATION

 

 

ITEM - 11 Off Street truck parking - Kiewa Street Manildra

 

Proceedings in Brief

It was noted the General Manager reminded Clr Farr that he had previously declared an interest on this matter as it related to the Manildra Flour Mill due to relatives being employed there.  In response to Clr Farr’s comment that the Item related to the truck parking bay and had nothing to do with Manildra Flour Mill the Director of Finance & Corporate Services reminded the Councillor that he himself had previously raised the matter as being connected with the Manildra Flour Mill.  Clr Farr noted the advice and nominated to not declare an interest.

 

MOTION (Farr/Dowling)

 

THAT:

1.  Council cost out the design.

2.  A meeting be arranged onsite with the Regional Manager of the RTA and the General Manager and local Councillors.

3.   Council consider a provision for a share of the costs in the 2011/12 budget.

11/02/34      

Carried

 

Clr Duffy requested his vote against the motion be recorded.

 

MATTERS OF URGENCY

There were nil matters of urgency.

 

CONFIDENTIAL ITEMS

 

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

 

MOTION (Duffy/Durkin)

 

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.

 

11/02/35      

Carried

 

 

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

 

Recommendation (Duffy/Durkin)

 

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 December 2011 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 the time being 12:50pm the General Manager declared an interest due to them involving contractual matters between himself and the Council in the following Items and left the Chambers.  Items 11 and 3 were considered in conjunction.

 

*

ITEM - 3    MAYORAL MINUTE - GENERAL MANAGER'S PERFORMANCE REVIEW AND CONTRACT MATTERS

 

Recommendation (Bleakley/Wilcox)

 

THAT the information be noted.

 

2.

Carried

 

 

ITEM - 11 Mayoral Minute - Contract Matters

 

Recommendation (Bleakley/Wilcox)

 

THAT the review panel for the General Manager’s contract be the Mayor, Deputy Mayor, and Clrs Duffy and Farr.

 

3.

Carried

 

It was noted the time being 1:03pm the General Manager rejoined the meeting.

 

 

ITEM - 4    Manildra Library

 

Recommendation (Duffy/Culverson)

 

THAT:

1.   Council authorise entering into a Lease agreement at 7 Derowie Street Manildra in accord with the Conditions and at the rate prescribed in the report.

2.   Subject to Council’s determination at point 1, a budget provision be made for any rent and utility operating costs payable for housing the Library in future budgets.

4.

Carried

 

 

ITEM - 5    DEBT RECOVERY OF OUTSTANDING RATES - ASSESSMENTS 4646.00000.2 AND 3895.42000.2

 

Recommendation (Duffy/Gosper)

 

THAT the owners of assessments 4646.00000.2 and 3895.42000.2 be advised in writing that if payment of their account is not made, or a mutually 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 owned to Council.

 

5.

Carried

 

It was noted, the time being 1:03pm Clr Culverson declared a perceived conflict of interest (identified as a significant non pecuniary interest) in the following Items due to Orange City Council undertaking discussions for access on a property owned by her Bother in Law and left the Chambers.  It was noted Closed Item 6 and Item 24 were considered at this time.

 

 

ITEM - 6    Long Point Road - Orange City Council Pipeline

 

Recommendation (Farr/Wilcox)

 

THAT Council:

1.    Clarify the legal position for public roads on private land and to continue consultation with Orange City Council with regard to the proposed pipeline and submit a further report to March Council meeting at the latest.

2.    Authorise attendance at the Mullion Creek meeting in relation to this matter by Clrs Bleakley, Culverson, Duffy, Gosper, MacSmith and Wilcox.

6.

Carried

 

 

ITEM - 24 Orange Drought Relief Connection - investigation report January 2011.

 

Recommendation (Farr/Wilcox)

 

THAT Council notes the report on the Orange Drought Relief Connection Concept Investigation Report and invites Orange City Council to present the report and findings to Council at a briefing as soon as possible.

 

7.

Carried

 

It was noted, the time being 1:20pm Clr Culverson rejoined the meeting.

 

 

ITEM - 7    AFTER HOURS CALL OUT PROCEDURES

 

Recommendation (Farr/Walker)

 

THAT the information be noted.

8.

Carried

 

 

ITEM - 8    Eugowra voluntary purchase of flood affected houses

 

Recommendation (Durkin/Farr)

THAT Council:

1.       Advise Mr Tracey that his application for VP is under review.

2.       Prepare a Voluntary Purchase model that promotes relocation of persons located in the floodway.

3.    Consult further with the local Councillor.

9.

Carried

 

 

ITEM - 9    Quote to manage the Canowindra Caravan Park

 

Recommendation (Farr/Walker)

 

THAT Council note the omission and that the person who made the quote be advised that Council has accepted a lower tender.

 

10.

Carried

 

It was noted the time being 1:33pm Clr Dowling declared a pecuniary interest (identified as being a general disclosure) in the following Items due to his wife being employed by one of the Real Estate Agencies involved and left the Chambers.  Clr Gosper assumed the Chair.

 

*

ITEM - 10 SALE OF LOT 3 MOLONG HEIGHTS ESTATE

 

Recommendation (Bleakley/Duffy)

 

THAT Council:

1.    Accept an offer for Lot 3 Molong Heights Estate to a value referred to in the proceedings in brief.

2.    Authorise affixing the Common Seal to the Contract of Sale for Lot 3 Molong Heights Estate.

11.

Carried

 

 

ITEM - 12 SALE OF LOT 2 MOLONG HEIGHTS ESTATE

 

Recommendation (Duffy/Bleakley)

 

THAT Council:

1.    Accepts the offer for Lot 2 Molong Heights Estate of referred to in the report.

2.    Authorise affixing the Common Seal to the Contract of Sale for Lot 2 Molong Heights Estate.

12.

Carried

 

It was noted the time being 1:43pm Clr Dowling rejoined the meeting and resumed the Chair.

 

*

ITEM - 7    Questions For Next Meeting

 

MOTION (Wilcox/Dean)

 

THAT Council receive a report at the next Council meeting in relation to matters raised as recorded in the Proceedings In Brief.

 

13.

Carried

 

It was noted the time being 1:44pm Clr Dowling was advised by the General Manager he would be required to leave the Chambers for the adoption of the Closed Committee recommendations having previously declared an interest, and left the Chambers.

 

Clr Gosper assumed the Chair.

 

It was noted the time being 1:45pm the Chair resumed the Ordinary Meeting.

 

 

REPORT & RESOLUTIONS OF CLOSED COMMITTEE OF THE WHOLE

 

MOTION (Duffy/Wilcox)

THAT the Report and Recommendations of the Closed Committee of the Whole Meeting held on Monday 21 February, 2011 be adopted.

11/02/36      

Carried

 

There being no further business, the meeting closed at 1:45pm.

CHAIRMAN.

 

Chairman of the Ordinary Meeting of Cabonne Council held on the 21 March, 2011 at which meeting the listed minutes were confirmed and the signature hereon was subscribed.